Lawmakers Bow Bill to Undo D.C. Circuit Ruling Against Some FCC Foreign-Sponsored Content Rules
Rep. Anna Eshoo, D-Calif., and other lawmakers filed the Identifying Propaganda on Our Airwaves Act Monday in a bid to undo the U.S. Court of Appeals for the D.C. Circuit’s July ruling that vacated the FCC’s requirement that broadcasters check…
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federal databases to determine if entities leasing time on their stations are agents of foreign governments, as expected (see 2209020032). Sens. Brian Schatz, D-Hawaii, and Marsha Blackburn, R-Tenn., filed the Senate version. The FCC unanimously approved an NPRM on updating the rule to account for the court decision earlier this month (see 2210060068). The NPRM sought comment on proposals to require certification or screenshots of federal databases from broadcasters and programming lessees to demonstrate they aren't foreign agents. The D.C. Circuit’s ruling in NAB v. FCC (see 2207120069) “was a disastrous decision” and the “American people deserve to know when radio programming they hear on public airwaves is foreign government-funded propaganda,” Eshoo said: “Our legislation unambiguously grants the FCC the authority to require broadcasters to conduct reasonable diligence to identify foreign agents and their shell companies so Americans will know who is funding the information on our public airwaves.” Under “current regulations, the New Axis of Evil can use shell companies to broadcast regime-funded propaganda across American airwaves,” Blackburn said. FCC Chairwoman Jessica Rosenworcel hailed the measure, saying "consumers deserve to trust that public airwaves aren’t being leased without their knowledge to foreign governments." Eshoo's office also cited support from Commissioner Geoffrey Starks. NAB is "closely reviewing this legislation," a spokesperson emailed. It "and several other broadcast organizations have worked to ensure the rules are focused on the handful of broadcasters that air foreign government-sponsored programming, without creating burdens for the vast majority of broadcasters that do not air this content. ... We share the goal of ensuring that the public understands when it is watching or listening to foreign propaganda.”