FCC Policy Toward Broadcasters Curious, Berry Tells Michigan Association

The FCC has taken a “curious” approach to regulating broadcasting, said Matthew Berry, chief of staff to Commissioner Ajit Pai, in a speech to the Michigan Broadcaster Association Tuesday. “Where broadcasters support loosening regulatory requirements, the Commission opposes doing so,” Berry said in prepared remarks: “But in areas where broadcasters oppose relaxing regulation, the Commission supports it.” Instead, the FCC should be consistent and “promote regulatory parity” for broadcasting with competing industries. The draft order on AM revitalization is a step in the right direction, Berry said, though progress on the item “has been slower than many would have liked.” Broadcasters should weigh in at the FCC to ensure that proposals such as FM translators for AM and eliminating the ratchet rule are enacted, he said. “Translators aren’t a panacea. But they can serve as a bridge to the future as we work on long-term fixes for the AM band,” Berry said. Though he didn’t comment on the prospects for the AM revitalization, Berry said he was optimistic about prospects for a draft order that would allow broadcasters to disclose contest rules online instead of on air. “At the Commission, we face many difficult and complicated issues. The contest rule isn’t one of them.” Berry said. He expects the FCC will act “to bring broadcasters some common-sense regulatory relief,” on contests “within the next month,” he said. The commission has “made a mess of things” with its recent rules on TV incentive auction procedures and the post-auction band plan, Berry said. The FCC 2010 National Broadband Plan originally called for the incentive auction to generate 120 MHz of spectrum, but Berry said expectations are now reduced because of FCC actions. Berry also criticized plans to repack broadcasters into the duplex gap and reserve a vacant band for unlicensed use. “Broadcasters should have priority” in the broadcast band, he said. “Unfortunately, the Commission’s majority no longer believes that.” Repacking broadcasters into wireless spectrum is “a short-sighted, irresponsible attempt to put a bandage on flawed auction rules,” said Berry. The agency should also take up its required review of its ownership regulations and do away with outdated ownership rules, he said. Berry also said he was “optimistic” about efforts in Congress to change rules to allow the grandfathering of existing joint sales agreements. The commission had no immediate response.