Move-Ins Exploit Their New Home

Most FM move-ins are theoretically "in the public interest" because they (or a related move-in) provide "first local transmission service" to some small municipality in or near an urban area. So even if a move-in causes the harm described above, at least it benefits its new community of license, right? That's what the licensee's lawyer writes in the "307(b) showing" that justifies the move. And that's what the FCC claims when it grants the "first local service" preference that takes the station away from another community.

So what benefits can the new community of license expect?

• Programming originating from a studio in the community?
• A voice available 7x24 to local public safety and government agencies?
• Advertising that community businesses want and can afford?
• Coverage of community news and events?
• Public service announcements focused on the community's clubs, churches, and volunteer groups?

If this were 20 years ago, at least four answers would be, "Yes!" But after more than 15 years of radio deregulation, all the answers now come up "No" for most move-ins.

How can that be if "providing local self-expression for the community of license" is the regulatory justification for taking an FM station away from its original home? We explain the FCC regulatory angle here. But the lawyers in Washington, DC don't get all the fun -- a little local action is often needed to explain why a community that's already served by many metro-area FM stations needs "its own" FM station.

To obtain the "first local transmission service" preference that make most move-ins possible, the licensee must show that the new community of license is independent of the larger urban area and that there is no other radio station licensed to that community.

Licensees' lawyers often support claims of community independence by:

• getting a letter from the community's mayor,
• obtaining statements from small business owners saying they'd like to advertise on a local radio station,
• soliciting signatures on petitions stating that citizens recognize their community as distinct from the urban area,
• collecting Chamber of Commerce brochures promoting the community's image, etc.

But that's usually the last the community ever sees of the radio station.

Once most stations move in, their signal covers all or most of the metro area. Their studio is usually many miles away, consolidated with all the other stations in the same owner's "cluster," and their programming takes no particular notice of their new community of license.