NAB to Challenge New Radio Market Definition

NAB is set to file two appeals in federal court related to the FCC’s new media ownership rules: the revised radio market definition and TV duopolies. In its new media ownership rules passed June 2, the FCC changed the radio market definition from a policy that looks at signal contour overlaps to a policy that defines markets by Arbitron Radio Metros.
The commission had said it needed to change the market definition because the current method was creating some unusually large markets in some cases and it wanted a method that reflected radio markets today.
NAB’s position “was just correct the anomalies,” and not change the rule, said a spokesman.
NAB opposed using Arbitron as a definition because the company does not rate all radio markets, and said groups had built their businesses in the past few years based on the current definition and needed certainty to conduct transactions.
The NAB board met and decided the organization would file the appeals which the association believes would be more effective more quickly than if it filed Petitions for Reconsideration at the commission. A spokesman said the appeals would likely be filed within two weeks.
Appeals challenging the new rules are expected to be filed from citizen groups as well. Experts expect judges to act on those after the FCC acts on any requests to reconsider its vote.
Several measures opposing portions or all of the new rules are in play in Congress.