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Two stations airing the same program at the same time

For the past few years, Easy 99.1 has been the home to classic American Top 40 with Casey Kasem. They have the 70s on Saturday morning from 6 to 9, and the 80s on Sunday morning from 8 to noon. But just recently, MyFM 101.3 picked up classic AT40. At first they were only airing the 70s, and they air it at the exact same time that 99.1 airs it. I was quite upset by this. I’m pretty sure 99.1 often advertised themselves as being the only station where you can hear Casey Kasem. And even more recently, 101.3 started carrying the 80s version, in fact I heard it for the first time this morning, except they air it on Sunday from 6 to 10. Should this even be allowed? 2 stations in the same market airing the same show at the same time?
 
Most syndicators use community of license protection for their "market exclusive" clauses. WMRC 101.3/1490 definitely is not heard in Plymouth, and Milford is several miles beyond the protected contours of the WPLM-FM "Easy 99.1" signal.

The logic is especially clear in the south, where class C stations are licensed. Suppose there's a class C in Atlanta carrying Casey's show. If the standard was "the stations can't have any signal overlap", then no station in Macon, GA or Anniston, AL could air that program, because listeners in small towns like Tallapoosa, GA or Eatonton, GA would receive duplicate programs. For the most part, Atlanta stations have listeners in and near Atlanta, and coverage 50+ miles from downtown is wasted.
 
The FCC makes no laws or rules on programming. Two stations running the same program at the same time isn't an issue to them. As for AT 40 affiliation agreements, that could be a different matter all together. If you are comparing one station airing the 1970s and one playing the 1980s, those may be considered as different programs as the appeal is different.
 
This is fairly common in public radio. NPR has no rules about market exclusivity. If you're a dues-paying member, you have access to all of their shows. When you air them is up to you.

The situation described by the OP is handled by the syndicator, which is Premiere Radio Network. They handle AT40. They may consider them two different shows. Usually they will contact the primary station in advance before offering it to the second station.
 
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