I think the FCC will have a tough time on enforcing the promised 8 hours of local originated programming daily. Here is my thinking: the FCC has always had a very hands off policy on programming. An example would be Public Affairs programming. The FCC lets the station define what that is and why. For the FCC to define and require certain programming to their specifics could be challenged in court.
The most likely scenario the FCC will encounter on such promises is a lack of ability to provide what is promised. Because LPFM is run by groups generally with no prior radio experience, many groups are making promises without an understanding of just how unrealistic those promises are. I like to review 'sample schedules' submitted by applicants. I will cite one entity that defined their programming as largely local conversations and call-in programming. In their minds the community of under 5,000 they proposed a medical program hosted by local doctors who would host a one or two hour daily program accepting calls from listeners. They proposed an hour with the County Agent sharing information and fielding listener calls each weekday. A member of county government and a member of city government each had an hour behind the microphone daily. Indeed, in the group's ignorance, they sincerely intended to program their station this way. I spoke with them and encouraged them to look at weekly 5 minute segments or short interview or better yet a monthly recording of several 60 second scripts the station would write based on the information the speaker provided them. I pointed out their listening universe was only 5,000 not 1,000,000 or more and that doctors, government and other officials haven't the time to set aside an hour a day. And I pointed out the research and prep required to produce an hour-long talk show. I pointed out they might not even get one call based on the audience universe. Then I said who is the volunteer(s) that can man the console during all these programs. My point is their promise was made sincerely but without the knowledge of real world logistics. How does the FCC fairly rule on that?
Other stations promised programming other than what was on the application. It seems as the board got closer and closer to getting the LPFM on the air, their promotion in the community revealed their earlier programming proposals were not as reflective of the wants of the community, frequently in a rather dramatic way. For example, one station realizes the town wanted a rather mass appeal format and local information during the day with the original format of local volunteers hosting a show of their preferred music and/or subjects airing in the evening on weekdays and anytime on weekends. In fact they hated sounding mainstream on weekdays but opted to do what they discovered the community at large felt they wanted. Sure, they are at community events and such but if you add it all up, they could never reach 8 hours a day but maybe 1.5 on average. There's not the volunteers and possibly not the people out there to provide the content for a truly local 8 hour a day commitment but this was not revealed until after the fact. Does the FCC punished a licensee for their best effort?
About the only thing the FCC can do is take an Underwriting approach. The FCC seems to spend more time telling what is not underwriting versus what is underwriting. Sure, we have guidelines but those really don't protect. Here's an example: at what point does the 'menu items' become an issue worthy of a fine? Is it 3 or 4 or 5 or what? Long ago I read of a station being fined for the underwriting spot for an attorney who simply had in his spot "when he opened his office in 1976". Fine trigger: competitive because the years his office has been open imply his experience makes him better. However it's perfectly fine to say how long a company has been in business.
