NAB calls broadcast ownership rules ‘existential challenge’ in FCC filing

The National Association of Broadcasters has filed comments with the Federal Communications Commission as part of the agency’s “Delete, Delete, Delete” initiative, making a sweeping case for regulatory relief with a particular focus on eliminating broadcast ownership restrictions.

In the filing submitted April 11, NAB argued that the FCC’s decades-old ownership caps represent the industry’s most pressing regulatory burden, describing them as “devastating to the viability and future vitality of TV and radio broadcasters.”

“Far and away the most important step the Commission can take in this entire docket – not just with respect to broadcasting – is to eliminate the TV national audience reach cap and the local TV rule, and, at the least, significantly reform and relax the local radio rule,” NAB wrote in its filing.

The association emphasized the competitive disadvantage broadcasters face against less-regulated digital competitors.

“No longer can broadcasting remain the Mount Everest of communications services that the Commission – akin to mountaineers – regulates because it is there,” NAB stated.

Ownership rules called “existential challenge”

NAB argued that without reforming ownership rules, addressing other regulatory burdens would not meaningfully help broadcasters compete in the modern media landscape. The group characterized the ownership restrictions as the industry’s “existential challenge” and claimed current rules prevent broadcasters from achieving the necessary scale to compete against technology platforms and streaming services.

The filing specifically called for:

• Eliminating the 39% national TV ownership cap
• Repealing local TV ownership rules that limit common ownership in markets
• Deleting restrictions on AM ownership
• Modifying FM ownership rules to permit a single entity to own up to eight commercial FM stations in Nielsen Audio markets 1-75

The association pointed to FCC Chairman Brendan Carr’s previous characterization of the situation as a “break glass moment” for broadcasters, quoting his observation that legacy regulations prevent capital from flowing to broadcasters and force them to “compete against unregulated Big Tech companies with one hand tied behind their backs.”

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Beyond ownership: comprehensive regulatory relief

While prioritizing ownership rules, NAB’s filing identified numerous other regulatory requirements it believes should be eliminated or modified:

ATSC 3.0 transition: NAB requested elimination of the “substantially similar” rule immediately and the ATSC 1.0 simulcast requirements by February 2028 to facilitate the industry’s transition to NextGen TV.

Public file requirements: The filing called for significant reductions in online public file obligations, noting that according to a FOIA request, only 0.060 percent of the U.S. population viewed broadcasters’ online public files in 2021 despite extensive compliance requirements.

Foreign sponsorship identification: NAB urged deletion of recently expanded rules requiring broadcasters to make special disclosures for certain content from foreign entities, arguing they impose burdens without corresponding public benefits.

Equal Employment Opportunity (EEO): The association advocated substantially reducing EEO requirements to a general prohibition against discrimination, arguing current compliance obligations are excessive and ineffective.

Children’s programming: NAB requested elimination of children’s programming mandates, citing marketplace changes that have made such requirements unnecessary given the abundance of children’s content available across multiple platforms.

Emergency alerts and technical rules

The filing also addressed emergency alerting regulations, requesting that the FCC:

• Update rules to permit software-based Emergency Alert System (EAS) operations
• Modify the “false EAS alerts” rule to focus on actual alerts rather than simulations
• Terminate pending inquiries into multilingual alerts and mandatory Disaster Information Reporting System filing

NAB further requested deletion of several outdated technical rules, including the telephone broadcast rule, FM radio duplication rule, and AM efficiency standards.

“If NAB’s comments demonstrate anything, it is that behind the scenes of providing the local news, playing hit music on the radio, or airing live sports, engaging hit shows, or other major events, broadcast stations face an unrelenting struggle of uploading thousands of documents, complying with hundreds of pages of rules, or taking on a myriad of obligations.”