FCC Unanimously Expands Online Public File Rules, Approves EAS NPRM
Despite unanimous votes to extend online public file rules to pay-TV carriers and radio stations and for an NPRM on improving the nationwide emergency alert system, there were still some party-line divides over the items, based on commissioner statements afterwards. The items were adopted largely as expected (see 1601080047 and 1601210055). The public would have been "outraged" by the original version of the EAS NPRM system because it contemplated extending EAS regulations to the Internet, said Commissioner Mike O'Rielly. Commissioner Ajit Pai said the FCC didn't quite go far enough to ease the burden of online public file on smaller entities, though he conceded the commission did "cut them slack." There "was a lot of back and forth" in the lead up to the items, said Chairman Tom Wheeler.
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New online public file rules require commercial radio stations in the top-50 markets with more than five employees to initially comply, with a two-year phase-in period for other stations said a Media Bureau release. The order requires the uploading only of files that aren't already on file with the commission, the release said. During the two-year period, exempt stations can still upload files online if they like, it said. Entities that have transitioned to online file can cease keeping a public file, as long as they keep an online backup that would be accessible if the FCC's website goes down, it said.
Cable systems with fewer than 1,000 subscribers are exempt from online file requirements because they're also exempted from several other online file requirements, including for political files. Cable systems with 1,000-5,000 subscribers get the same two-year transition period as smaller broadcasters. Both broadcasters and cable systems having technical or financial difficulties accomplishing the transition can apply for waivers of the requirement, bureau staff told us.
Though Pai said he had argued against an aspect of the rule that requires noncommercial stations to post their donor lists online, that tenet remains. Pai said the rule could lead to retaliation against such donors. He did praise the inclusion of a waiver process that will allow NCE stations to opt out of that requirement.
The EAS NPRM seeks comment on streamlining state EAS plans, making them more uniform, and improving EAS security. It seeks comment on whether "technological advancements have improved the ability of cable providers to offer more specific and informative alert content" and on using community based alerting to spread alerts to those with limited English proficiency or disabilities.
Proposals to extend EAS rules to "capture the Internet" are disturbing, said O'Rielly. The item seeks comment on expanding alerts to "emerging video" which O'Rielly said is outside FCC jurisdiction. Capturing Hulu and Netflix in "the morass" of FCC EAS rules would trigger a lot of public discontent, he said.