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FCC Warns Broadcasters on Public Interest Duties


Federal Communications Commission
Federal Communications Commission

The Federal Communications Commission has issued a forceful reminder to radio and television broadcasters that their licenses are conditioned on serving the public interest, warning that the agency is prepared to take enforcement action against stations that fail to meet those obligations.

In a seven-page Public Notice released May 28, the FCC emphasized that broadcasters are "public trustees" of the nation's airwaves and that holding a broadcast license is a privilege granted in exchange for operating in the "public interest, convenience, and necessity." The Commission said broadcasters should review their operations to ensure compliance with longstanding statutory requirements.

The notice, released under DA 26-530, reiterates that broadcast spectrum is a limited public resource and distinguishes broadcasters from other media platforms because they receive free access to federally licensed spectrum. In return, the FCC said, stations are required to serve the needs and interests of their local communities.

"Programming decisions by broadcasters must be made in service of the public and be responsive to the needs of the local community they are licensed to serve, not the private interests of national networks," the Commission wrote.

The FCC stressed that despite the elimination of regulatory requirements such as the main studio rule, program origination rule and ascertainment requirements, broadcasters' public interest obligations remain unchanged. The agency also reaffirmed its role in evaluating whether stations are fulfilling those responsibilities.

Among the obligations highlighted in the notice are maintaining accurate quarterly Issues/Programs Lists in stations' online public inspection files, providing equal opportunities to political candidates, avoiding news distortion, and complying with rules governing obscene, indecent, profane and hoax broadcasts. The FCC described Issues/Programs Lists as a "significant and representative indication" that a station is addressing the needs and interests of its community.

The Commission also said it will continue reviewing broadcast ownership structures with an eye toward promoting competition, localism and viewpoint diversity. Applications involving license renewals, assignments and transfers will remain subject to public interest review.

The notice outlines several actions the FCC may take if it determines a broadcaster has failed to serve the public interest, including enforcement measures, conditional or short-term license renewals, requiring early renewal filings, or designating applications for hearing. The agency cited past cases involving Entercom's KDND-FM in Sacramento and WJEH-AM in Gallipolis, OH, as examples of public interest reviews.

The Public Notice concludes with a warning that the Commission "will not hesitate" to use its statutory authority to ensure broadcasters meet their public interest obligations or relinquish the privilege of holding a broadcast license to those who will.

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