The confirmation hearing for Anna Gomez, the Democrat nominated by President Biden to join the Federal Communications Commission (FCC), is expected to take place in the coming weeks.
If confirmed, this will mark the first time since January 2021 that the Commission will have a full complement of members, breaking the previous 2-2 split that has hindered FCC Chair Jessica Rosenworcel’s progress on pending matters.
One of the crucial issues awaiting resolution is the quadrennial review of media ownership rules. The FCC needs to conclude both the 2018 and 2022 reviews, which involve similar issues and positions held by broadcasters. While it is unlikely that ownership limits will be rolled back, the addition of a third Democratic vote may enable the FCC to adopt a more measured approach to deregulation, contrasting with the preferences of the two Republican members. The FCC may reevaluate the national cap on television ownership.
Washington attorney David Oxenford says, “Some have speculated that the confirmation process could be completed early this summer,” Oxenford says. “But, as we’ve seen with that process already during this administration, there can always be surprises, and the process can change over time.”
Beyond ownership concerns, there may be increased scrutiny of radio stations’ Equal Employment Opportunity (EEO) practices if the FCC moves forward with a plan to reinstate the collection of annual employee reports (Form 395-B) from stations. This practice was suspended in 2004 due to constitutional concerns related to inquiries about the race and gender of employees.
In 2021, the FCC initiated a rulemaking process (MB Docket No. 98-204) to gather further input on the legal, logistical, and technical aspects of employee data collection requirements for FCC Form 395-B. Chair Rosenworcel has expressed the importance of restarting data collection to assess workforce diversity within the industry, and a third Democratic vote could facilitate its reinstatement.
According to Inside Radio, the FCC may also make a decision on the long-pending “Franken FM” issue, which involves allowing owners of low-power TV stations on channel 6 to use new technology and reach analog radio receivers on 87.7 FM. Discussions revolve around potential grandfathering status and the elimination of distance separation rules for noncommercial FMs operating in that frequency range.
The FCC is also exploring expanded certification and reporting requirements for the Emergency Alert System, as well as enhanced public file obligations. These obligations would involve broadcasters using a standard certification form to assess whether airtime buyers have ties to foreign governments.
