Broadcast Law Blog

At long last, the Commission's Second Report and Order and Further Notice of Proposed Rule Making regarding Digital Audio Radio or HD Radio, which was adopted by the Commission on March 22, 2007, has been published in the Federal Register establishing the effective date for the new digital rules as September 14th.  As we reported earlier, the Order is aimed at promoting the ultimate transition of terrestrial radio broadcasting to all-digital and, among other things, permits the following:

• FM stations may commence digital operations without prior authority from the FCC and may use separate antennas for the digital and analog signals without the need for an STA.
  
• Stations may operate in extended digital hybrid mode, permitting additional capacity.
  
• AM stations may operate during nighttime hours.
  
• FM translators, boosters, and LPFM stations may operate digitally.

These new operational rules will become effective on September 14, and along with them the following rules regarding policy issues will also go into effect:

• Stations that chose to broadcast in digital must provide a free digital stream that simulcasts the programming of the analog channel.
  
• Stations have the flexibility to provide multiple programming streams, provide data services, or provide the highest quality audio service.
  
• Stations may lease the unused portion of their radio spectrum to third parties.
  
• The existing rules, such as EAS, political, sponsorship ID, and station identification, are extended to all the free streams of programming provided by a station.

Finally, publication of the Order and FNPRM in the Federal Register also establishes the dates for filing comments in response to the Commission's broad array of proposals posited by the Further Notice of Proposed Rule Making.  The FNPRM contains specific proposals to adopt new rules regulating the public interest obligations of radio broadcasters. These proposals include the possible requirements for a standardized disclosure form for a stations public service programs, limits on a station's ability to originate programming from locations other than the station's main studio, and possible limitations on the current ability of stations to operate without manned studios. Comments for this proceeding are due on or before October 15, 2007, and Reply Comments are due on or before November 13, 2007. 

A full summary of the new rules, as well as the proposals contained in the further rule making can be found in our earlier blog here. 

The proposed rulemaking has a far greater potential impact than the digital rules themselves- a removal of the ability to operate unmanned could have a huge impact on the noncommercial broadcast world.

In a world where internet media is dominating more and more- the question seems to be raised- should rules on over air broadcast be lessened, because of the reduced impact, or increased, because the availability of non-location specific programming has increased so much?