The National Association of Broadcasters (NAB) has submitted extensive reply comments in the Federal Communications Commission’s “Delete, Delete, Delete” proceeding. Their argument centers on the need for significant regulatory relief for radio and television broadcasters facing increasingly intense competition from largely unregulated digital platforms.
NAB’s filing highlights the sheer volume of regulations burdening broadcasters. Part 73 of the FCC’s rules, governing broadcasting, spans 423 pages – more than any other regulated communications service and more than double the regulations for cable and satellite providers under Part 76. “The rules governing broadcasting are not only excessive, but they are also obsolete and counterproductive,” NAB argued in its filing. “They discourage investment, hinder innovation, and place broadcasters at a structural disadvantage.”
A significant portion addresses what NAB calls “tired, retrograde, rent-seeking proposals” from the pay TV and music industries. The organization strongly criticizes proposals from pay TV providers regarding retransmission consent, arguing they are designed to “artificially depress the fees they pay broadcasters for repackaging and reselling broadcast content.” NAB contends the pay TV industry has “waged war on the system of retransmission consent since its inception” and now relies on “regulatory rent-seeking” to gain advantages.
Similarly, NAB opposes submissions from music industry groups, describing their advocacy as “copy-paste” positions recycled to maintain “dominance over radio stations that face overwhelming and still growing competitive pressure from online audio and satellite radio providers.”
NAB advocates for eliminating “antiquated radio and television station ownership restrictions.” The organization argues these rules particularly handicap broadcasters competing against larger, unregulated digital platforms. Ownership deregulation, NAB contends, would enable broadcasters to achieve economies of scale necessary to invest in programming and technology while providing free, over-the-air service.
The reply comments also cover technical proposals, including those related to LPFM service, FM allocation requirements, and the ATSC 3.0 transition. NAB opposes some technical changes, such as increasing LPFM station power, while supporting others like eliminating certain STA filing requirements.
Multiple commenters cited support eliminating or significantly reducing public file and EEO reporting requirements. Broadcasters report devoting significant resources to these files, despite evidence of minimal public access. NAB urges the FCC to approve its petition to accelerate the industry’s transition to NexGen TV (ATSC 3.0) by removing regulatory barriers. “The Commission needs to act now to facilitate a faster ATSC 3.0 transition so that TV broadcasters can catch up to other marketplace competitors and offer enhanced services to consumers,” NAB stated.
The proceeding presents a significant opportunity for broadcasters. NAB’s filing reflects the industry’s belief that without substantial modernization, local broadcasters will continue to face economic and competitive challenges. With the comment period closed, the FCC will evaluate submissions, potentially reshaping the broadcast regulatory landscape.