Foreign Adversary Control Proposal Re-examination Urged by NAB to FCC
FCC Proposes New Rules for Foreign Adversary Ownership in Broadcasting
The Federal Communications Commission (FCC) has proposed new rules to gather information about foreign adversary ownership or control from broadcast licensees. These rules aim to fill gaps in the FCC's existing rules and provide a comprehensive view of threats from entities owned or controlled by foreign governments considered adversaries.
The FCC's proposal would formalize and potentially increase the frequency and scope of foreign ownership and control disclosures. Broadcasters and other entities holding licenses would be required to make certifications and disclosures relating to foreign adversary ownership or control. This includes leased airtime, issue ads, and spot time.
However, the National Association of Broadcasters (NAB) has expressed concerns about the FCC's proposal. The NAB argues that there is no proof that a "dramatic change in the FCC's rules is needed." They suggest that the commission could gather foreign adversary control information from broadcast licensees by more efficient means.
One such method proposed by the NAB is the use of existing, less frequent filing mechanisms, such as the eight-year renewal applications where broadcasters already provide foreign ownership information. The NAB contends that requiring thousands of licensees to submit certifications "makes no sense."
The NAB also argues against expanding foreign sponsorship identification rules to leased airtime beyond the current requirements, considering such expansion beyond statutory authority and unduly burdensome for local stations.
Moreover, the NAB insists that any license revocation process for late or inaccurate filings should include more robust due process protections, such as hearings before an administrative law judge, rather than the FCC's current summary revocation approach.
The NAB suggests that the commission could require broadcasters to certify that they are not directly or indirectly "owned by, controlled by or subject to the jurisdiction of a foreign adversary."
Reply comments on the FCC's proposal (GN Docket No. 25-166) are due Aug. 19. The NAB's comments highlight the need for a balanced approach that considers the practical implications for broadcasters, particularly small stations with limited staff.
In a related development, the NAB has urged the commission to increase the thresholds applicable to "dominant minority" interests, as the current proposed thresholds are deemed too low. They also suggest adopting definitions consistent with existing requirements for disclosing interest holders to streamline the process of gathering information for certifications.
The NAB's comments come as the FCC looks at how to receive and certify information from radio and TV broadcasters. The commission is also considering the need for additional rules in this area due to the lack of evidence indicating unknown and otherwise undiscoverable relationships between foreign adversaries and FCC-regulated entities.
The White House has designated China, Russia, Iran, North Korea, Cuba, and the Maduro Regime in Venezuela as foreign adversaries. The FCC's proposed rules are intended to ensure the commission has a comprehensive view of threats from entities owned or controlled by these governments.
[1] NAB's Filing on FCC's Proposal for Foreign Adversary Ownership Disclosures
[2] FCC's Notice of Proposed Rulemaking on Foreign Adversary Ownership Disclosures
[4] NAB's Opposition to FCC's Proposal for Expanded Foreign Ownership Disclosure Requirements
[5] FCC's Proposal to Expand Foreign Ownership Disclosure Requirements
- The National Association of Broadcasters (NAB) has submitted a filing, titled "NAB's Filing on FCC's Proposal for Foreign Adversary Ownership Disclosures," to address concerns about the FCC's proposal for foreign adversary ownership disclosures in broadcasting.
- The Federal Communications Commission (FCC) has issued a Notice of Proposed Rulemaking, titled "FCC's Notice of Proposed Rulemaking on Foreign Adversary Ownership Disclosures," proposing new rules to gather information about foreign adversary ownership or control from broadcast licensees.
- The NAB has opposed the FCC's proposal to expand foreign ownership disclosure requirements, as stated in "NAB's Opposition to FCC's Proposal for Expanded Foreign Ownership Disclosure Requirements," suggesting a more balanced approach and the adoption of streamlined processes for certifications.
