Audacy is currently going through the Foreign Ownership review process. With that as a backdrop, the FCC's Carr announced he intends to "codify" the commission's foreign ownership rules:
FCC Chair Brendan Carr is pushing to codify foreign ownership rules for broadcasters, aiming to streamline reviews and reduce confusion. Carr says the current system relies too much on unwritten
www.insideradio.com
He's saying he wants to "streamline" them. My expectation is he wants to shut them down. Radio companies will no longer get a 100% foreign ownership waiver. It sounds from this article like he wants to limit foreign ownership to 5%, which is lower than any of the majors now. The real problem in all this is that public companies really have no idea who owns stock in their companies. Especially when there is institutional ownership.
Bottom line is that Carr is trying to change the foreign ownership rules in order to challenge the Audacy bankruptcy plan.
The Audacy bankruptcy may be Carr's focus but it isn't his only one. I noted the following passages from the story with interest:
"In addition, the NPRM explores how the agency should assess foreign ownership in noncommercial educational and LPFM stations — organizations often structured
around nonprofit boards rather than shareholders. “While to date, there have been relatively few instances of requests for proposed foreign ownership of
NCE and LPFM stations under the Commission’s current foreign ownership rules, we believe it would be beneficial to consider how to incorporate the structures
of these stations into the current rules,” the NPRM says.
The FCC proposes attributing equal voting shares to board members unless formal agreements specify otherwise. It also asks whether such voting arrangements
should be disclosed and if alternative models would better fit nonprofit governance structures.
The NPRM further seeks feedback on how foreign ownership should be treated during competitive NCE and LPFM filing windows, including whether declaratory
ruling petitions must be processed before or after a winning applicant is selected. The Commission raises concerns about the possibility of selecting an
applicant whose foreign ownership ultimately violates legal thresholds."
As far as I know, Audacy doesn't own any non-commercial stations, and, by law, it isn't allowed to own any LPFM stations.
Also, with regard to foreign ownership, I would like to have seen a differentiation between countries; as in, countries not considered friendly to the U.S. should not hold any stock or board membership in private broadcasting entities. Of course, my idea would be that countries such as Russia and China shouldn't be involved in U.S. radio ownership; however I suspect that if the administration took this approach, it would list canada and Australia as unfriendly countries.