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NAB's Kaplan Blasts FCC Foreign-Sponsored Content Draft

The FCC draft order on new requirements that broadcasters air disclosures for content sponsored by foreign governments is overly broad and “asymmetric regulation” because it doesn’t address foreign-sponsored content on MVPDs or the internet, NAB General Counsel Rick Kaplan blogged…

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Monday: “There is simply no good reason why the Commission needs to saddle thousands of leases with new burdens of any kind.” NAB and other broadcast organizations had ex parte discussions with the agency (see 2104160069). “The Draft Order’s central problem -- both legally and as a matter of policy -- is that it imposes burdens on any broadcaster that engages in a lease, without any regard for whether the broadcaster ever has or ever will engage in a programming contract with a foreign governmental entity,” said NAB in calls last week with aides to Commissioners Nathan Simington and Brendan Carr, per a filing posted Monday in docket 20-299.The FCC proposal would require diligence from broadcasters to determine if any programmer is an agent of a foreign government, Kaplan blogged. “You might be wondering if there is an exception for the station leasing time to a long-standing trusted business partner, right? Nope. What if you are leasing time to a local church for services on Sunday mornings? Nope.” Additional burdens make broadcasting a less attractive investment, Kaplan said. “If the Commission is truly committed to increasing diversity among broadcast owners, it should carefully weigh the impact of its new regulatory actions before piling more on,” he said. “It is patently unfair to require anything of broadcasters who do not have reason to believe they are engaging with a foreign government or its agent.” The agency didn’t comment.