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FCC Hears Opposing Views on Radio Ownership Caps


Federal Communications Commission (FCC)
Federal Communications Commission (FCC)

FCC Hears Opposing Views on Radio Ownership Caps The debate over local radio ownership limits continues at the Federal Communications Commission (FCC), with Cumulus Media urging the agency to eliminate the restrictions while two music industry organizations are calling for their retention.

In separate ex parte filings associated with the FCC's 2022 Quadrennial Review of Media Ownership Rules (MB Docket 22-459), the parties presented opposing arguments about competition, consolidation and the future of local broadcasting.

Cumulus Media Pushes for Elimination of Caps

In a September 11 filing, Cumulus Media Executive Vice President of Corporate Strategy and Development Collin Jones detailed meetings with advisors to FCC Chairman Brendan Carr and Commissioners Olivia Trusty and Anna Gomez.

Jones argued that local radio ownership restrictions, which have remained unchanged since 1996, no longer reflect the competitive environment facing broadcasters.

According to Cumulus, radio stations now compete for audiences and advertising revenue against streaming music services, podcasts, satellite radio, social media and major digital advertising platforms.

The company maintained that eliminating local ownership caps would allow broadcasters to achieve greater economies of scale, distribute operating expenses across additional stations and invest in local programming.

Jones also argued that the restrictions discourage investment in the radio industry by limiting opportunities for station groups to expand and compete more effectively.

"After 30 years of operating under unchanging restrictions, the need for repeal of the radio ownership caps has become critical," Jones wrote.

Cumulus urged the Commission to complete its 2022 Quadrennial Review and eliminate the local radio ownership limits as quickly as possible.

Music Industry Groups Urge FCC to Retain Limits

Taking the opposite position, the musicFIRST Coalition and Future of Music Coalition (FMC) urged the FCC to preserve the existing local radio ownership rule, including limits on commercial FM station ownership and the current AM/FM subcaps.

In an October 15 filing, attorney Rachel Stilwell reported on a virtual meeting with FCC staff from the Office of Economics and Analytics and Media Bureau.

The organizations argued that the Commission should evaluate competition among terrestrial radio broadcasters as well as competition between broadcasters and other audio platforms.

They also emphasized the importance of maintaining the public interest objectives associated with broadcast ownership regulation, including ownership diversity, viewpoint diversity, localism and efficient use of broadcast spectrum.

The groups further argued that terrestrial broadcasters have a competitive cost advantage over digital audio services because AM/FM stations are not required to pay sound recording performance royalties for over-the-air broadcasts.

Digital and streaming audio services, by comparison, must obtain licenses and pay royalties for their use of sound recordings.

The organizations maintained that this distinction should be considered when evaluating radio's competitive position relative to other audio platforms.

"We believe that music creators should be paid fairly for the use of their work by all platforms that use music as a draw to attract audiences and advertising dollars," the filing stated.

FCC Review Remains at Issue

The competing filings illustrate the continuing disagreement over whether radio ownership regulations should be relaxed to help broadcasters compete with digital media or maintained to protect competition and diversity within local radio markets.

Cumulus is seeking the elimination of local radio ownership caps, while musicFIRST and FMC support retaining the commercial FM limits and existing AM/FM subcaps.

Both positions are now part of the record as the FCC considers its 2022 Quadrennial Review. Neither filing represents a Commission decision on the ownership rules.

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