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FCC Media Bureau News Items - Tue, 04/02/2024 - 20:00
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In the Matter of Amendment of Section 74.1231(i) of the Commission's Rules on FM Broadcast Booster Stations; Modernization of Media Initiative; Amendment of Section 74.1231(i) of the Commission's Rules on FM Broadcast Booster Stations

FCC Media Bureau News Items - Tue, 04/02/2024 - 20:00
The Report and Order adopts rules allowing FM booster stations to originate programming, subject to future adoption of processing, licensing, and service rules as proposed in Further Notice of Proposed Rulemaking.

Pleadings

FCC Media Bureau News Items - Tue, 04/02/2024 - 20:00
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FCC Media Bureau News Items - Tue, 04/02/2024 - 20:00
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La Iglesia de Dios Pentecostes, New LPFM, Columbus, Indiana

FCC Media Bureau News Items - Tue, 04/02/2024 - 20:00
The Media Bureau grants the application of La Iglesia de Dios Pentecostes for a construction permit for a new LPFM station at Columbus, Indiana

The FCC Will Allow FM Geotargeting

Radio World - Tue, 04/02/2024 - 17:26

The FCC will allow FM geotargeting.

The commission has given unanimous approval to the concept of allowing FM radio stations in the United States to originate programming on boosters for a limited amount of time every hour, something boosters currently are not allowed to do.

The order limits the origination to three minutes per hour and requires boosters to handle emergency alerts in the same manner as their primary station. It said commercial, noncommercial and LPFM stations all may participate.

The FCC hasn’t created final rules for processing, licensing and service, and it opened a further notice of proposed rulemaking for that purpose.

But until final rules can be put in place, the FCC will allow existing booster stations to originate programming under one-year, renewable experimental authorizations. The FCC said this approach will allow it to monitor the rollout of the technology and it told its Media Bureau to provide expedited treatment.

[Read the order and FNPRM.] 

Notable victory

This is a big win for technology company GeoBroadcast Solutions, which will offer a system called ZoneCasting to stations. The ruling does not exclude other suppliers from offering such systems.

Broadcasters will be able to air targeted content, different from the primary station’s signal, to specific areas within the primary station’s service contour.  A station would create the zones using synchronized booster transmitters and antennas to overlay a stronger, geographically localized signal in the target region.

GBS believes that this approach will help broadcasters deliver more relevant localized programming and advertisements, including from clients that want to focus on a very small area or can’t afford a broader reach.

GBS filed its petition in 2020 but was met with stiff opposition from many large broadcast groups and the NAB. Among the criticisms were concerns about co-channel interference, disruption to HD Radio signals, increases in the noise floor and a depressive impact on ad rates.

The FCC acknowledged those concerns but ultimately decided that the public interest would be better served by allowing the change.

GBS hailed the decision.

“This rule change will enable FM broadcasters to deliver hyper-local content for the first time in the 100-hundred-year history of the industry,” it said in a press release.

GBS believes the change will allow “a new chapter of targeted and community-centric radio broadcasting.” It said the change comes at a critical time, given the business challenges facing the U.S. radio industry including declining revenue and bankruptcies.

“By enabling geotargeting, FM radio is now equipped to attract advertisers seeking to place hyper-local ads, revitalizing the medium and offering new revenue opportunities.”

The National Association of Broadcasters had been vociferous in opposition, challenging the idea on both business and technical grounds.

But GBS said smaller and independent broadcasters were in its corner. It also particularly thanked Educational Media Foundation for its support, noting that EMF owns the largest number of FM signals in the country. “EMF’s comprehensive comments on our proposal have been crucial,” the company wrote.

The approval on the five-member FCC was unanimous, led by Democrat Geoffrey Starks and Republican Brendan Carr.

Starks said in a statement, “Radio is the only media service that, until today, could not offer geo-targeted content. Talk about competing with one-hand tied behind your back.”

He said small and independent FM broadcasters, many of them minority-owned, drove the change. “They’ve said they want to offer tailored content that speaks to specific communities within their listening audience, including weather and emergency alerts. They’ve told us that times are tough, and that geotargeting could help them generate new ad revenue. They’ve also expressed interest in airing geotargeted content to boost public safety and civic engagement.” Starks noted that 21 civil rights groups also supported the proposal as a way to diversify media ownership.

Commissioner Carr sees the move as deregulatory: “For years, the FCC has ensured that various technologies from cable to 5G to next-gen broadcast TV have the freedom to target their content to specific geographies,” he said in his own statement.

“This has been a proven way to serve the needs of diverse communities while bringing in additional advertisers and revenue opportunities for providers. Except the FCC has never allowed radio broadcasters that same opportunity. It has artificially limited broadcasters’ business models.” He emphasized that the order does not mandate that any broadcaster use the technology.

Starks and Carr complimented one another for their cooperation on the issue.

More info

FM boosters are low-power, secondary stations. The FCC created the service in  1970. Their purpose is to improve signal strength of primary FM stations in areas where reception is poor due to terrain or distance by rebroadcasting the signal of the primary within the primary station’s protected contour.

The post The FCC Will Allow FM Geotargeting appeared first on Radio World.

Categories: Industry News

Starks, Carr Express Support For ‘ZoneCasting’ Rule

Radio+Television Business Report - Tue, 04/02/2024 - 16:54

It’s not often that the senior Republican on the FCC and the lone male Democratic Commissioner see eye-to-eye on matters pertaining to the future of radio broadcasting in the U.S. However, they are in unison when it comes to the opportunities, on a voluntary basis, that can come with the adoption of rules paving the way for GeoBroadcast Solutions to roll out “ZoneCasting” through the use of program origination on an FM booster.

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Categories: Industry News

FCC Unanimously Approves ‘ZoneCasting’ NPRM

Radio+Television Business Report - Tue, 04/02/2024 - 16:12

In a major victory for GeoBroadcast Solutions, overcoming widespread opposition from the NAB, large radio broadcasting companies and even a key voice of African American broadcasters, the FCC has adopted changes to its rules that will allow FM booster stations to originate programming — “subject to future adoption of processing, licensing, and service rules” as proposed in a Further Notice of Proposed Rulemaking Commissioners have up for consideration — and public input.

GeoBroadcast Solutions commended the Democratic leadership of the FCC, as BIA Capital Strategies founder/CEO Tom Buono called the Commission’s ruling “a milestone achievement.”

To be clear, the FCC decision allows radio stations to begin offering “ZoneCasting,” GBS’s hyperlocal service that requires program origination on an FM booster for it to work, on a voluntary basis. That it is voluntary is likely why the FCC approved the proposal in an unanimous 5-0 decision.

A 76-page document outlining the 40-page Report and Order and FNPRM plus appendices was released Tuesday, while the Commission actually adopted the R&O and Further Notice of Proposed Rulemaking on March 27.

WHAT ‘ZONECASTING’ BRINGS

As demonstrated in live testing at KSJO-FM in San Jose, Calif., and at WRBJ-FM in the Jackson, Miss., suburb of Brandon, “ZoneCasting” — as GBS sees it — can “split” a signal for certain parts of an hour by offering localized content including news, sports, traffic and weather.

Some also see it as a solution to addressable advertising desires expressed from marketers and media planners.

For a part of each broadcaster hour, GeoBroadcast Solutions “ZoneCasting” clients “will be able to deliver hyper-local content for the first time in the 100-hundred-year history of the industry,” GeoBroadcast Solutions cheered in a press release issued late Tuesday.

That’s not entirely true: Low-power FM broadcasters across the U.S. provide hyperlocal programming content, ranging from markets such as Portland, Ore., and Washington, D.C., to tiny Mariposa, Calif.

What makes “ZoneCasting” unique from a LPFM service is that, for the first time, a commercially licensed FM signal can be localized.

“This approval signifies a pivotal advancement for the broadcasting industry, introducing a new chapter of targeted and community-centric radio broadcasting,” GBS shares. “This breakthrough paves the way for broadcasters to engage with their listeners on a more personal level, offering content that is relevant to their immediate communities and surroundings.”

Buono, who is widely known for his role at BIA, commented, “By embracing this technology, the radio industry strides confidently into the 21st Century, equipped to compete with social media and other platforms in delivering targeted content. This is a transformative moment that acknowledges radio’s enduring value and its potential for innovation and connection in today’s digital age.”  

A GBS spokesperson said, “We commend the leadership of Commissioners Geoffrey Starks, Brendan Carr, Chairwoman Rosenworcel, and the broad community of industry leaders, civil rights groups, and broadcasters who championed this issue and saw its potential to empower broadcasters to better serve their communities.” 

IMPLEMENTATION ‘ISSUES’ TO BE ADDRESSED

Importantly, a FNPRM will address some implementation issues identified by the Commission.

And, this will create a comment period to begin 30 days from the R&O and FNPRM’s publication in the Federal Register. A reply comment date will be established for 60 days from that publication date.

“GeoBroadcast Solutions looks forward to working with the agency to resolve these related issues in an expedited manner,” it said.   

These include program origination notification, synchronization, and the request by the FCC for comment on whether it should modify section 74.1204(f) of its rules to include a mechanism to address predicted interference while booster construction permit applications remain pending.

There’s also a call for a maximum, as the FCC further proposes to amend section 74.1232(g) of the rules to limit full-service FM stations to 25 program originating booster stations. “This cap on the number of program originating FM booster stations would represent a change from the current rule, which imposes no numerical limit on FM
booster stations,” the FCC said.

The Commission created the FM booster service in 1970, as a “fill-in” for signal contours where obstacles — either man-made or geological in nature — prevented full reception.

WHAT’S NEXT FOR THE NAB?

With the FCC’s unanimous approval of ZoneCasting, GBS extended its gratitude “to all supporters of this groundbreaking advancement, particularly highlighting the smaller and independent broadcasters.” It also singled out KLOVE and Air1 parent organization Educational Media Foundation — one of the largest licensees of FM radio stations in the U.S.

For nearly two years, GBS and the National Association of Broadcasters have been at odds over “ZoneCasting.” The National Association of Black-Owned Broadcasters (NABOB), an early supporter of the GBS technology, reversed course in October 2022. Thirteen Members of the House of Representatives spoke out against “ZoneCasting,” too. Concerns of what “ZoneCasting” would do with respect to interference and reception issues, nevermind its potentially adverse effects on radio advertising rates, increased.

Today, the industry must now move past those worries.

What does the NAB have to say? Its main spokesperson was out of the office with limited email on Tuesday afternoon as news of the FCC’s decision became widely known.

As the FCC sees it, “Based on our review of the comments, we conclude the introduction of program originating boosters has benefits that outweigh the theoretical competitive effects that commenters raise.” The commenters are, chiefly, the NAB.

Other “speculative” situations were also dismissed by the Commission, largely fueled by the voluntary application of “ZoneCasting.”

For details on what Commissioners Brendan Carr and Geoffrey Starks had to say about the R&O and FNPRM, please click here for additional coverage.

Categories: Industry News

Techsurvey Finds Core Listeners Opposed to AI Voices

Radio World - Tue, 04/02/2024 - 15:29

A year after the use of AI on the air became a major discussion point for radio, three-quarters of core listeners have serious concerns about AI replacing on-air hosts, according to the 2024 Jacobs Media Techsurvey.

This is the 20th year that Jacobs has done the Techsurvey but the first time it has included questions about the use of AI in radio and in daily life.

Approximately 29,000 “core commercial radio listeners” in the U.S. and Canada were surveyed in January and February. The company calls it the world’s largest online radio survey.

The results will be released later this month but the consulting firm has released some previews.

A solid 58 percent said they are at least familiar with AI, and nearly eight out of 10 Gen Z listeners said they’re very aware.

More than seven out of 10 people, however, said they were at least “somewhat alarmed” at the speed with which AI was progressing. Every demographic subgroup shared in the concern, including 75 percent of women. A majority of respondents felt AI will have at least some negative impact on society while a mere 5 percent envisioned it will have a “very positive” impact.

By far the biggest pushback was against using cloned voices to take the place of on-air talent; 75% have major concerns with this practice. The responses were consistent across the demographics.

Chris Brunt, Jacobs Media director of AI, revenue and digital, wrote in a  the AI Edge newsletter that “Americans — even Gen Zs — are leery of AI and want humans to be behind the mic.”

There was less concern expressed about stations using AI to read commercials. About one out of four respondents reported having major concerns with that. And 34% of respondents had no problem with AI being used to voice station IDs.

On a broader scale with AI-based applications, the radio fans in the survey largely felt there needed to be some government regulation of the emerging technology. More than half of those surveyed expressed concern on how AI might influence November’s U.S. election. Older respondents expressed the most fear about the upcoming election.

The post Techsurvey Finds Core Listeners Opposed to AI Voices appeared first on Radio World.

Categories: Industry News

A Strategy, Engagement and Development Head for KUT

Radio+Television Business Report - Tue, 04/02/2024 - 15:22

The two biggest noncommercial radio stations serving the Lone Star State’s capital has been upped to a role in which he will a strategic advisor to the general manager and oversee the station’s membership, development, marketing and community engagement teams.

Wade Lee takes on many of Sylvia Carson’s responsibilities after her retirement in December 2023, as he become Asst. General Manager for Strategy, Engagement and Development at KUT and KUTX Public Media in Austin.

“Wade will use data – coupled with an audience focus – to help manage strategic and operational improvements to align our public service with the needs of Central Texas,” said Debbie Hiott, executive director and general manager for the stations. “I look forward to working more closely with him to execute our strategic priorities and deepen cross-departmental collaboration in service to our community.”

Lee joined KUT and KUTX Public Media in 2014 in the development department where he managed major giving and donor events. Prior to joining the station, he worked on the Moody College of Communication development team.

“KUT and KUTX are among the very best public media services in the country,” said Lee. “I’m honored and excited to help further advance the good work produced here.”

Categories: Industry News

CBS O&Os Turn To Gray For Research and Consulting Needs

Radio+Television Business Report - Tue, 04/02/2024 - 14:15

CBS has signed an agreement that sees it retain Gray Television‘s in-house news research and consulting group as a provider of market research and news consulting services to all 14 CBS owned and operated television stations.

The first-of-its-kind partnership began on Monday (4/1) and is a win for Gray’s Strategic Insights & Activation Team, simply known as the “Strat Team.”

Gray created the unit in January 2023 to provide an in-house, customized, and action-oriented news consulting team for all Gray markets. After nearly 15 months and almost 100 research projects exclusively for Gray’s local newsrooms, the Strat Team “has expanded its bandwidth” to support several large-market television stations.

The Strat Team’s leadership previously consulted for CBS’s owned-and-operated stations, among other clients, prior to joining Gray.

“We’re thrilled to expand our relationship with CBS by providing their owned and operated stations with first-class news research and consulting,” Gray Chief Operating Officer Sandy Breland said. “The Strat Team has exceeded every expectation for our content and marketing teams, and their expertise will be an impactful resource for CBS.”

Adrienne Roark, president of Content Development and Integration for CBS News and Stations and CBS Media Ventures, added, “Partnering with Gray’s Strategic Insights & Activation Team supports our mission further to enhance our market insights and our overall strategic planning efforts across the company.”

Jennifer Mitchell, President of CBS Stations, also chimed in. “Their expertise will undoubtedly contribute to our continued success across our 14 CBS-owned stations in delivering high-quality news and content to match our audiences’ evolving viewing needs,” Mitchell said.

Gray Vice President of Research and Consulting Chris Archer and Gray Director of Research Tony Calfo lead the Strat Team.

The team’s consultants and analysts come from a diverse set of backgrounds, combining recent newsroom leadership and extensive experience in data-driven storytelling, digital, and marketing strategies.

Categories: Industry News

Hunter Heads Into Retirement, Concluding Lengthy TV News Career

Radio+Television Business Report - Tue, 04/02/2024 - 14:06

After 27 years, the lead meteorologist for the FOX affiliate owned by Gray Television serving Alabama’s biggest city will soon retire.

He’s worked in television since 1976, and has been at his current station since 1997.

Now, at a yet-to-be-disclosed date this month, Fred Hunter will conclude his career, stepping aside from his role at WBRC-6 in Birmingham.

“His stories have covered famous places and people across the state as well as everyday Alabamians applying their talents and going about their everyday lives,” WBRC said in a news release. “His Absolutely Alabama Christmas series is an Alabama tradition.”

Hunter’s career began at a small radio station, WZOV, in his hometown of Ft. Payne, Ala., in 1971. He has worked in television since 1976, and in such markets as Tuscaloosa and Montgomery, Ala.; Myrtle Beach, S.C.; and in Austin.

“I am filled with gratitude and love for the viewers who have welcomed me into their homes over three decades,” Hunter said. “It has been an honor to share your stories.”

Hunter plans to spend time with his grandchildren and pursue outside interests. “I look forward to having quality time with my family, to rejoin my church family, and the freedom to do something new,” he said.

Categories: Industry News

A Fan Letter About the Novia 262

Radio World - Tue, 04/02/2024 - 14:03

Recently I was given the task of feeding an HD3 channel with a stream, the audio of which was all over the place.

I determined that we would need a compressor and limiter in a device that could receive the stream, process it and then feed the importer. I wanted it to be managed over IP because the client is not located at the broadcast station. And whatever solution we chose needed to be affordable.

I picked the Inovonics Novia 262 Dual-Mode Stereo Audio Processor, a half-rack digital processor. It’s not a brand-new product; the Novia line was introduced in 2017 as a line of utility audio processors. But the 262 had all the features I needed; it was within the budget, under $2,000, and built by a reputable manufacturer with a record of good support. 

The idea of using a simple stream receiver was easily overturned when I saw how reliable the 262’s uptime was and that it brought along a decent processor. Considering that rack space is at a premium, its half-space design is also a winner.

The 262 allows for three different inputs: stream, analog XLR, and AES digital XLR. This met the requirement of being fed by the stream. Also it has connections for GP I/O. 

The audio processing is very simple to work with. A good AGC, a parametric equalizer with three bands of compression. If I desired, the processing could be set to daypart for specific programs. 

I could not ask for an easier setup.

The presets are starting points to allow you to set the processing for your content. The Novia also has alarms to email you if the program is lost. 

I can listen, too, because it feeds a stream encoder for monitoring purposes, which is helpful when doing setup. 

Network setup is easy. It does have a MIB file for SNMP if desired. And to make it even more friendly, the 262 brings along its own 20 Hz–20 kHz tone generator. Thank you, Inovonics.

This little box does so much, and Inovonics is still creating updates. One more selling point: When you call Inovonics with a question, you get a person, with little if any hold time.

I’m using this device to receive a stream and input it into an importer, a perfect fit. The box could also be used as a straight stream receiver or standalone audio processor/limiter. Inovonics says it’s great in front of an STL or codecs. As you can tell, it met my expectations. I have not found fault with it yet.

[Check Out More Product Evaluations in Our Products Section]

The post A Fan Letter About the Novia 262 appeared first on Radio World.

Categories: Industry News

‘Cat Sports’ Swaps Rent For Purchase With Translator Buy

Radio+Television Business Report - Tue, 04/02/2024 - 13:59

It has just 130 watts of power, but that’s enough to cover the Huntington, W. Va.-Ashland, Ky.-Ironton, Ohio market. For Kindred Communications, this coverage is worthy enough of an investment, as it is purchasing an FM translator from a broadcast ministry it’s been leasing for a Sports Talker.

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Categories: Industry News

KQED Is Presented With World Radio Day Award

Radio World - Tue, 04/02/2024 - 13:57

The hardware has arrived at KQED to mark its selection as winner of the fifth annual World Radio Day Award.

Vice President, News, Ethan Toven-Lindsay and Executive Director of Radio Programming and Content DEI Initiatives Ernesto Aguilar are shown at the station after receiving the award.

The award honors a U.S. station that exemplifies the best attributes of the radio industry. The selection of KQED was announced in January

The Academy of Radio Arts & Sciences of America presents the award. Prior recipients of the award KDKA in Pittsburgh, WINS in New York, WRHU on Long Island and WTOP in Washington.

World Radio Day is observed annually to mark the founding of United Nations Radio in 1946. The international day is recognized each year on Feb. 13. 

[Related: “Here’s a Look Inside KQED’s New Facilities”]

The post KQED Is Presented With World Radio Day Award appeared first on Radio World.

Categories: Industry News

AudioScience Expands Its Dante Line

Radio World - Tue, 04/02/2024 - 13:53

AudioScience is shipping the latest addition to its Dante series of audio products, the ASI5751 card for professional audio applications.

The card is equipped with 32 Dante inputs and outputs on a high-speed 1000Mbit Ethernet interface, facilitating high channel count connectivity. 

It can handle 32 mono or 16 stereo streams of PCM playback and recording, providing flexibility in playback and recording, and is driven by a robust Texas Instruments TMS320DM8147 DSP.

“Designed to accommodate a wide user base, the ASI5751 is compatible with both Windows and Linux software drivers, ensuring flexibility in your choice of operating systems,” AudioScience said in its announcement. Audio reproduction is assured with 24-bit PCM precision with sample rates of 48 kHz.

Up to eight cards can be used in a single system.

The ASI5751 is now available for purchase. AudioScience will exhibit at the spring NAB Show.

NAB Show Booth: W3811

[For More News on the NAB Show See Our NAB Show News Page]

The post AudioScience Expands Its Dante Line appeared first on Radio World.

Categories: Industry News

Clendenin Adds Suburban Baltimore FM Translator To Asset Sales

Radio+Television Business Report - Tue, 04/02/2024 - 13:39

As RBR+TVBR shared with readers on April 1, Steve Clendenin has decided to sell WHGM-AM 1330 in Havre de Grace, Md., and FM translator W263CQ in Chesapeake City, Md.

While the second FM translator used for WHGM, W284BE, remains the property of Hope Christian Church of Marlton Inc., Clendenin’s Maryland Media One is now parting ways with FM translator W298CG in Bel Air, Md.

Who’s buying this mini FM? Look no further than “The Bay,” perhaps.

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Categories: Industry News

Ravi Kapur OKs Estrella Media Lease Deal For S.F.

Radio+Television Business Report - Tue, 04/02/2024 - 12:00

The Spanish-language broadcast TV network owned by the privately held media company led by CEO Peter Markham has added an affiliate for the San Francisco-Oakland-San Jose market.

It’s thanks to a newly signed agreement with an individual known for his service to South Asian consumers, and ownership of stations targeting that audience.

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Categories: Industry News

Boise State Closes On Sun Valley FM Acquisition

Radio+Television Business Report - Tue, 04/02/2024 - 12:00

It may have just 100 watts, but at 9,039 feet above sea level, this Sun Valley, Idaho FM can reach Hailey and Ketchum just fine. That’s likely what enticed Boise State Public Radio to acquire the facility, and that deal announced in late 2023 has just closed.

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Categories: Industry News

The FCC’s EEO Form Has Blue Hair

Radio World - Tue, 04/02/2024 - 11:50

Radio World’s “Guest Commentaries” section provides a platform for industry thought leaders and other readers to share their perspective on radio news, technological trends and more. If you’d like to contribute a commentary, or reply to an already published piece, send a submission to radioworld@futurenet.com.

Remember the Progressive Insurance commercial where the life coach, in an attempt to avoid a student’s awkward outburst at seeing someone with blue hair, carefully mutters “we all see it, we all see it.” It doesn’t work of course. The honest but oblivious student blurts out “he has blue hair.”

Joseph C. Chautin III

Reading the FCC’s recent Report & Order reinstating the annual public filing of an EEO form to collect race, ethnicity and gender information on broadcast station employees was kind of like watching that Progressive commercial.

Despite commenters raising legitimate legal concerns about the form’s data being made public on a station-by-station basis, the FCC majority marched straight past those concerns to mandate that the form be specific to a station and in the station public file. The justifications for making it public are flimsy at best and themselves raise new concerns. 

Here’s the crazy thing: The majority’s objective could have been accomplished without the data being public, and it may have even resulted in a 5–0 vote in favor. Cue in the Progressive commercial. We all see it. It’s classic regulatory overreach, the kind that results in legal challenges, confusion, tough decision making and potential liability for broadcasters.

Imagine as a broadcaster trying to complete the form later this year by selecting an employee’s race, ethnicity or gender, realizing in a unique situation that you don’t have the information needed for 100% certainty, seeing that the form instruction allows you to make an informed guess, doing so, and then having the employee or someone else challenge the accuracy of the submitted form. Or, what if someone files a complaint that the station licensee is attempting to mislead the FCC? That’s no fun. Yet one of the R&O’s justifications for making the form public was to “increase the likelihood that erroneous data will be discovered and corrected,” and to “incentivize stations to file accurate data to avoid third-party claims that submitted data is incorrect.”

Does the majority not trust broadcast licensees? This one example opens a Pandora’s box of questions, some of which may require a stop at your employment attorney for advice.

Then there’s the constitutional law question as to whether making the report public is designed to ensure that individual businesses are targeted and pressured into making hiring decisions based on race and gender. 

The FCC’s two prior efforts to collect and require disclosure of employee demographic data after the Supreme Court found employee quotas unconstitutional were shot down in court on — you guessed it — constitutional grounds, violations of the Due Process Clause of the Fifth Amendment. The FCC majority dodges that sticky question, choosing an approach that is likely to draw a legal challenge, and not withstand court review. We all see it. Commissioner Brendan Carr not only saw it, but spoke it in his dissent, declaring that “this is no benign disclosure regime” and pointing to “activist groups” as the catalyst for requiring public disclosure of the collected employment data.

So here we are. Trying to understand a new rule, one for which there is no new form or form instructions yet, one that still has to be approved at the Office of Management & Budget, and one that will likely draw a legal challenge that throws an unknown wrench into whether broadcasters will have to file it this fall. The new requirement has blue hair. It’s the public disclosure. We all see it. But the FCC majority didn’t care and blurted it out anyway.

This commentary appeared in the broadcast newsletter of law firm Hardy Carey Chautin & Balkin LLP.

[Read More Guest Commentaries Here]

The post The FCC’s EEO Form Has Blue Hair appeared first on Radio World.

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