FCC proposes eliminating physical letters/emails in NPRM

By David Burns – Pillsbury Law

Burns_David_18317_cwbOn a day when a major broadcast ownership decision from the U.S. Court of Appeals for the Third Circuit garnered most of the attention, the FCC worked on more prosaic matters, issuing aNotice of Proposed Rulemaking to eliminate the requirement that commercial broadcast stations maintain letters and e-mails from the public in their public file.  This requirement is one of the only vestiges of the physical public file that remained after the FCC’s decisions to move television and radio public files online.

The FCC based its proposal to eliminate the requirement in part upon the increase in communication between the public and broadcast stations on social media platforms, and the corresponding decrease in communication by letter and e-mail.  The NPRM also proposes to eliminate a requirement that cable television operators maintain the location of their cable system’s principal headend in their public file.

Initial comments on the FCC’s proposals will be due 30 days after the NPRM is published in the Federal Register, with reply comments due 60 days after Federal Register publication.

As we wrote recently, eliminating the requirement to maintain correspondence from the public in a physical file would free stations from the need to provide free and unfettered access to their offices, and to maintain staff at all times during business hours ready to handle public file requests.

The NPRM enjoyed support from all five Commissioners, each of whom issued a separate statement in support of the proposal—a somewhat rare display of unanimity by the current Commission.  Of particular interest was Chairman Wheeler’s statement that today’s proposal, if adopted, would enable broadcasters to “lock their doors and redeploy resources once used to help the public access the file at the studio.”  Many in the TV and radio community may find themselves quietly nodding in agreement.

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