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'Outdated and Unnecessary'

FCC Unanimously Approves Public Correspondence NPRM

The FCC unanimously approved launching a rulemaking on proposals to eliminate rules requiring broadcasters to keep physical copies of customer correspondence on hand to be examined by the public and a requirement that cable operators allow public inspection of the location of their control centers. The proposal received no pushback from industry or FCC commissioners, as expected (see 1605060064). “The proposed elimination of these rules will reduce regulatory burdens on commercial broadcasters and cable operators without adversely affecting the general public,” the Media Bureau said in a news release. FCC Chairman Tom Wheeler credited Commissioner Mike O’Rielly with suggesting the rule changes and leading on the issue. “Given the very few requests for onsite inspection of broadcasters’ correspondence files or cable companies’ headend information, along with modern options, like email and other social media, these rules look outdated and unnecessary,” O’Rielly said.

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All commissioners praised it as a timely update. Commissioner Mignon Clyburn questioned why any member of the public would need to know the location of a cable headend. “When was the last time you overheard two friends talking about the location of their cable operator’s headend?” she asked. Eliminating the requirements will improve security at broadcast stations, Wheeler and other commissioners pointed out. “This should enable broadcasters to lock their doors and redeploy resources once used to help the public access the file at the station,” Wheeler said.

The NPRM recognizes the public has other means beyond a public file for communicating with the FCC, such as through social media, Clyburn said. “While it appears that the general public does not need access to it, principal headend information must be made available to certain entities, including the FCC and local television stations,” the bureau said. “The NPRM asks for comment on how this information should be collected and made available to entities that need it.”

Too often of late, the FCC has imposed unnecessary regulatory burdens that don’t benefit consumers,” Commissioner Ajit Pai said. “Here, we are showing more love toward the public interest and proposing to eliminate two such burdens.” In a news conference after Wednesday’s meeting, Pai said unanimous votes such as the one on correspondence files were a welcome respite from FCC partisan battles, but such agenda items are likely to be rare in the coming months.