Communications Litigation Today was a Warren News publication.
'Dangerous Precedent'

Auto Industry, CTA Execs Will Blast AM Radio Vehicle Bill in House Hearing

Alliance for Automotive Innovation President John Bozzella and CTA CEO Gary Shapiro sharply criticize a draft revised version of the AM Radio for Every Vehicle Act in written statements ahead of their testimony at a Tuesday Innovation Subcommittee hearing. Conversely, Navajo Nation Washington Office Executive Director Justin Ahasteen and Midway Broadcasting CEO Melody Spann Cooper endorse the updated measure in their written testimony. The revised AM Radio for Every Vehicle Act, like earlier version HR-3413/S-1669 (see 2305260034), would mandate that U.S. automakers keep AM radio technology in future domestic-made vehicles. House Commerce Committee Chair Cathy McMorris Rodgers, R-Wash., signaled a change in position on the AM radio requirement by leading the revised draft released earlier this month (see 2404160067). Rodgers and other panel Republicans were previously skeptical about enacting a mandate (see 2306060088). The hearing will begin at 10:30 a.m. in 2322 Rayburn.

We are concerned that Congress is considering legislation to mandate analog AM radio that would create a completely new authority for [the National Highway Traffic Safety Administration] by requiring automakers to install equipment in a vehicle under a new definition of ‘standard equipment,’” Bozzella says. “Such an expansive authority via this new definition would open the door to future acts of Congress that would effectively circumvent established requirements in the [Federal Motor Vehicle Safety Standards] process.”

The bill under consideration vitiates these good government processes and enables Congress to categorize nearly anything as ‘standard equipment’ and, in turn, require it for all new vehicles,” Bozzella says. “Authorizing and imposing unnecessary mandates sets a dangerous precedent for future legislation. To address rising crime, would Congress use this new precedent to require bulletproof glass in all new vehicles? We do not believe this is appropriate, and it should give all members of Congress pause.”

Proposed legislation is especially inappropriate in service of the radio industry, which has historically sought government mandates to survive, rather than investing in technologies that would improve sound quality and reduce audible distortion,” Shapiro says. “For many years, the consumer technology industry has urged broadcasters to embrace improvements in AM radio technology, including radio data systems, AM stereo, and digital radio.” Although “some AM radio broadcasters have recently shifted to a digital signal, the number remains paltry -- a case of ‘too little, too late,’” he says.

We anticipate that, even in the absence of legislative mandates, most car models -- especially those common among rural consumers and those that prefer gas-powered engines -- will continue to offer analog AM radio, driven by market demand,” Shapiro says. “We are concerned by the imposition of an unnecessary, unjustified mandate, as well as its precedent and impact on innovation and electric cars.” He’s “unaware of any successful recent effort in Congress to mandate technology to protect a legacy industry, or any non-safety-focused consumer product mandates.”

Spann Cooper, testifying on behalf of NAB, emphasizes “the foremost reason that Congress should care about AM radio is that it is a lifesaver. No other communications medium has the reach or resiliency of AM radio.” Extensive February outages on AT&T’s wireless network (see 2402220058) demonstrate “how delicate our communications infrastructure can be,” she says: “When the power goes out and cell towers go down, Americans can depend on radio to provide them the emergency information they need.”

The federal government has a long history of advancing public safety in the automobile, from seatbelts to airbags to back-up cameras,” Spann Cooper says. “Congress should do the same here, ensuring Americans’ continued access to emergency information through their car radios as a safety feature.”

The Navajo Nation is vast” and its reservation is “bigger than West Virginia,” Ahasteen says. “And the most remote residents of the Nation are those most likely to communicate primarily in Navajo and needing this radio service. For that reason, the decision was made right from the beginning” that the reservation’s KTNN “station would be built as a primarily AM station, though an FM channel would eventually be added as well, to ensure the signal reached as many Navajo citizens as possible.” Despite this, KTNN “would have to build dozens of transmitters across the Navajo Nation in order to get” the same level of “coverage with FM stations, which is economically impractical,” he says: "The only real solution is AM radio.”

Ahasteen urges House Innovation “to recognize the unique and indispensable role that AM radio plays for the Navajo people. As we work to bridge the digital divide, we cannot afford to undermine the existing tools that serve our community so effectively.” He asks “that you consider the lifeline that AM radio represents for the Navajo Nation and other similarly situated communities across the country and work with us to ensure its continued operation, especially in vehicles, which are often the hubs of information in our rural landscape.”