The NAB is increasing pressure on the FCC to loosen radio ownership limits under the 2022 Quadrennial Review, with Chief Legal Officer Rick Kaplan arguing that rules designed for a pre-digital world now threaten the competitiveness of local broadcasters. In a new episode of the NAB Podcast, Vice President of Media Relations Alex Siciliano spoke with Kaplan about why the current caps no longer reflect modern media dynamics (https://www.nab.org).
Kaplan noted that ownership restrictions were created when broadcast outlets dominated American media. “At one time, when broadcast stations and networks were the only game in town, there may have been reasons why the commission, the FCC in this case, would want to limit the reach of broadcasters across the country,” he said. Today’s environment, he emphasized, bears no resemblance to the 1920s and 1930s framework that still shapes radio regulation. “We have things that we’ve never even conceived of back then…they reach the entire country, if not the entire globe.”
The NAB’s core question for policymakers, Kaplan said, is straightforward: if broadcasters compete with global platforms, why are broadcasters the only ones restricted? “The reason is just historical. We were first, and so we were heavily regulated. If you started today and were to regulate broadcasting, it would look nothing like it does now. But it can often be hard to remove regulations, and so this lethargy is a big thing here.”
Radio ownership limits, he argued, constrain diversity rather than protect it. In New York, a company can own only five FM stations out of more than one hundred. “Those rules, which are now 30 years old, don’t make sense either. We didn’t have Spotify back then. SiriusXM wasn’t there back then. So there have been major, major changes to the marketplace.” He added that Chairman Carr “really understands the issue” and frequently questions why large tech companies operate without similar limits.
Kaplan dismissed claims that the FCC lacks authority to revise national caps, citing Supreme Court precedent affirming the Commission’s broad power to set and modify ownership standards. He also argued that reform would benefit consumers. “If I can own say 10 stations or 20 stations, then I can have all sorts of formats and all sorts of flair. I’m not going to duplicate my formats. That makes no sense.”
Kaplan expects FCC movement within the next year and encouraged broadcasters to engage both Congress and the Commission. Public comments on the 2022 Quadrennial Review are due December 17, with replies due January 16, 2026.