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Media Bureau Recodifies Class D FM Public File Exemption

The FCC Media Bureau reinstated language exempting Class D FM stations from the FCC’s issues/programs list requirements that was inadvertently dropped from the rules in the 1980s, said an order listed in Thursday’s Daily Digest. “This amendment to the Rules…

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does not change any regulatory obligations. Instead, section 73.3527 will more accurately state the entities to which it applies, eliminating potential confusion among Class D FM stations,” said the order. The language was left out of the rules for issues/program lists when they were revised in 1988, the order said. “The 1987 NPRM that preceded that order did not propose any change to the Class D exemption; nor did the 1988 Order discuss any such change,” said the Media Bureau. “However, the Class D Note did not appear in the 1988 edition of the CFR (Code of Federal Regulations), nor in any subsequent edition.” The Media Bureau issued a ruling in a 2009 forfeiture order arguing that the FCC had intended to eliminate the exemption, but that ruling is now disavowed, the Media Bureau said.