The Main Studio Rule Is Dead; Long Live the Main Studio

by Pillsbury - CommLawCenter
Contact

In a move that would have once been stunning, but which now was so expected as to be anticlimactic, the FCC today voted to eliminate the Main Studio Rule.  In doing so, it also eliminated various associated requirements such as the mandate that a station’s main studio be staffed during normal business hours with at least two employees (one management, one staff), and that it have the capability to locally originate programming.  The FCC did require that stations eliminating their main studio make any part of their public file that is not yet online available to the public during normal business hours “at an accessible place within its community of license.”  It also required stations to ensure that community members can continue to reach the station by telephone without cost, typically by maintaining a local or toll-free number.

Even though the FCC eliminated the rule on its own motion rather than in response to a petition (the times they are a-changin’ at the FCC), the move was not without controversy, with Commissioners Clyburn and Rosenworcel voting against the change.  Both expressed concern that allowing a station to close its local main studio would forever sever the intimate connection between the station and its community.  That is not a concern to be taken lightly, as the close connection between stations and their communities is what has made broadcasting unique among its many competitors.

Realistically, however, the elimination of the rule will not mark the elimination of main studios.  Main studios did not originally arise from regulatory fiat, but from practicality.  In the early days of radio, when pressure from musicians’ unions caused many radio stations to ban the airing of recorded music, main studios were a necessity.  There were no satellites, fiber feeds, or microwave links to relay programming long distances, so stations had to create programming under their own roof.  Even those stations that did play records had to have a place to play them close to the transmitter.  Early telephone lines were noisy, expensive, unreliable, and depending on your location, possibly unavailable.

But technology marched on.  One of my fun experiences as a young lawyer was representing one of the oldest radio stations in the world and seeing the antique sound lathes used to cut grooves in disks so large you could barely get your arms around them.  Programs were “syndicated” by physically transporting these disks around the country from station to station.  Even with this advance in technology, however, stations still had to have a place near their transmitter to play the disks, so by definition, every station had some local program origination capability.

As wireline connections around the country became more ubiquitous and reliable, and radio networks began to grow, the main studio changed with it.  No longer did every minute of programming need to be produced at the transmitter site; it could be relayed from long distances.  It was during this period, specifically 1939, that the FCC created the Main Studio Rule, forever freezing in bureaucratic amber what a main studio should look like.

Since then, a thousand technological advances have changed broadcasting (one of them being the advent of commercial TV).  Equipment became smaller, more reliable, and automated.  Microwave, satellite, and now Internet transmission made program distribution to stations easy and relatively inexpensive.  Hard-drive based music servers allowed diverse program schedules to be created and aired on radio stations without anyone needing to sit at a turntable flipping an LP every three minutes.  Relieved of these mechanical duties, on-air talent could focus all their energies on connecting with their audience rather than “tending” the station and its equipment.  And because of the ease with which audio and video can be relayed, that on-air talent could now do all of that from nearly anywhere in the world.  The days of having to be within a few hundred feet of the transmitter at all times are long gone.

Of course, that’s the operational side of the equation.  One of the reasons the Main Studio Rule was created was to “enable members of the public to participate in live programs and present complaints or suggestions to the stations.”  However, the wonder of many of the technologies discussed above is not that they exist, but that they are sufficiently inexpensive that not only stations but audiences are using them.  Once, appearing on a live radio program would have required a trip to the main studio.  Later, calling in to a live network program in New York from Kansas would have been so expensive as to likely exceed the value of any prize you might win.

That problem was first solved with toll-free calling to the distant studio — a technology that came on the scene 25 years after the Main Studio Rule was created.  Then toll-free numbers were supplanted by Voice-Over-Internet-Protocol (VOIP) equipment and cellphones that eliminated the need to pay separate long distance charges.  That capability was then improved upon by Skype and other services that allowed viewers and listeners to appear aurally and visually anywhere in the world with a broadband connection.

As for listeners being able to “present complaints or suggestions to the stations,” if toll-free numbers didn’t address that, email certainly did.  And if not email, then texts and social media.  I would be surprised to hear if there is a single station in the country that gets more main studio visits in a year than it receives messages via social media in a day.

So with the elimination of the Main Studio Rule will main studios just disappear?  Hardly.  They’ll just look less like 1939.

For most stations, main studios will continue to be useful hubs for organizing programming and operations.  They just won’t all need to look and operate the same.  Stations emphasizing a hyper-local format will have main studios so sophisticated that the original drafters of the Main Studio Rule would be in awe; a local studio with capabilities far beyond what any national radio network had in 1939 or afterwards.

Other stations, for example those whose formats focus on importing high-quality regional or national programming and distributing it locally, will have main studios with topnotch communications and automation gear, but probably no employee staring at the front door all day just in case someone shows up to see the public file (which is or soon will be online).  We live in the age of optimization, and main studios will be optimized to connect with a station’s audience, not to meet a 1939 conception of what a main studio should look like.

Of course, we have to be realistic.  Some stations will certainly shut down their main studio (particularly if we define a “main studio” as a place of daily program origination) because they believe they can operate more efficiently without that affectation of early radio.  There will also be those that close their main studio to reduce operating costs to the greatest extent possible.  In an era when competition from the Internet and other media has caused numerous rural stations to shut down and mail their licenses back to the FCC, allowing a station to operate without a main studio certainly seems preferable to forcing it to go dark because it can’t meet studio expenses.

And in that regard, perhaps it’s time to acknowledge what the Main Studio Rule really was — a government mandate to maintain a rigid brick-and-mortar presence in an Internet Age.  It’s existence hindered stations from evolving and adapting to the rapidly changing business strategies of their many non-broadcast competitors.  Of course the analogy doesn’t stop there.  Just as most people like the idea of a physical store where they can go and handle the merchandise, they like the idea of a main studio — a place where, if they ever felt like it, they could visit and see the product being created.  Of course, many of the people that like the idea of having a physical store buy everything online, and many that like the idea of a traditional main studio are streaming their music and video from non-broadcast sources.

Broadcasters could perhaps afford the luxury of having a formal main studio designed to suit the FCC when they were the only game in town, but that was then, and this is now.  Most broadcasters will continue operating a main studio in one form or another, and if viewers and listeners find the programming from such stations is better and tune in accordingly, there will be plenty of stations with elegant main studios for the foreseeable future.  If, however, the stations that divert those funds to program acquisition or other initiatives are the ones attracting larger audiences, then, and only then, will the era of the main studio finally draw to a close.

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Pillsbury - CommLawCenter | Attorney Advertising

Written by:

Pillsbury - CommLawCenter
Contact
more
less

Pillsbury - CommLawCenter on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.