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Eve K. Reed

Eve K. Reed

Eve Reed represents broadcast and other communications clients in a wide variety of regulatory matters before the FCC and in litigation before federal and state courts.

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FCC Grants First Petition for Declaratory Ruling Allowing 100% Foreign Ownership of Broadcast Station Licensees

Posted in Broadcast Regulation, Foreign Ownership, Transactions
The Media Bureau of the Federal Communications Commission (FCC) has released the first-ever decision permitting foreign citizens to own 100% of broadcast station licensees. In the declaratory ruling, the FCC authorized two Australian citizens each to own 50% of Frontier Media, LLC, the parent company of broadcast licensees owning seven AM radio stations, eight FM radio… Continue Reading

FCC Considers Prohibiting Unconditional MFNs and Unreasonable ADMs

Posted in Broadcast Regulation, MVPD Regulation
At its September 29, 2016 open meeting, the Federal Communications Commission (FCC or Commission) adopted a Notice of Proposed Rulemaking (NPRM) in which it proposes rules prohibiting “certain practices some multichannel video programming distributors (MVPDs) use in their negotiations for carriage of video programming” that the Commission believes “may impede competition, diversity, and innovation in… Continue Reading

FCC Meeting Update: Foreign Investment Rules and Independent Programming Proposal, But No Set Top Box Rules

Posted in Broadcast Regulation, MVPD Regulation
At its September 29, 2016 open meeting, the FCC adopted rules to make it easier for broadcasters to seek approval for foreign ownership, reformed the methodology for publicly traded broadcasters and common carriers to assess compliance with the statutory foreign ownership limits, and proposed rules it believes will strengthen the position of independent programmers in negotiations with… Continue Reading

FTC Workshop Shines Additional Light on Need for Effective Disclosures

Posted in Advertising Issues, Program Content
At a recent Federal Trade Commission (FTC) workshop, the focus was squarely on how advertisers and marketers should ensure the effectiveness of consumer disclosures, particularly on new digital platforms. Terming the topic one of “exceptional importance” that has been under study for more than one hundred years, FTC Chairwoman Edith Ramirez opened the workshop by… Continue Reading

FCC Bids Adieu to UHF Discount

Posted in Broadcast Regulation
They say all good things must come to an end, and for the FCC’s UHF discount, the end has arrived (pending the outcome of near-certain litigation).  Earlier today, the FCC issued a Report and Order eliminating its 30-year old policy of applying a 50% “discount” to market populations served by UHF stations when calculating compliance with the… Continue Reading

The More Things Change, The More They Stay the Same… FCC Tweaks Broadcast Ownership Rules in 2014 Quadrennial Review Order

Posted in Broadcast Regulation
On August 25, 2016, the FCC released the text of a Second Report & Order that concludes both its 2010 and 2014 “quadrennial review” proceedings (the “2016 Order”). The Commission is required by statute to review its rules governing the ownership of broadcast radio and television stations every four years to determine whether they “are… Continue Reading

FCC Chairman Wheeler Circulates Proposed Media Ownership Rules

Posted in Broadcast Attribution, Broadcast Regulation
FCC Chairman Tom Wheeler has circulated to his fellow Commissioners a proposed final rule in the 2010/2014 Quadrennial Media Ownership proceeding.  Based on an FCC fact sheet summarizing Chairman Wheeler’s proposal, the new rules would largely keep the existing media ownership regulations in place.  Although the proposed changes are few, some could be significant to… Continue Reading

FCC to Demonstrate New Online Public File Interface on June 13, 2016; New Rules Effective June 24, 2016

Posted in Broadcast Regulation, Political Broadcasting
The Federal Communications Commission (FCC) has announced that it will hold a public demonstration of the expanded Online Public Inspection File (OPIF), which will replace the current Broadcast Public Inspection File (BPIF) and which television and radio stations, cable systems, and satellite television and radio systems will be required to use for their online public files. … Continue Reading

Third Circuit Vacates Joint Sales Agreement Attribution Rule, Expresses Displeasure Regarding FCC Delay in Concluding Quadrennial Reviews, and Orders Mediation Regarding an Eligible Entity Definition

Posted in Broadcast Attribution, Broadcast Regulation, Transactions
In what will no doubt become quickly known as Prometheus III, the United States Court of Appeals for the Third Circuit has issued its opinion reviewing the latest of the Federal Communications Commission’s (“FCC’s”) decisions (or lack of decisions) in the Quadrennial Review of its media ownership rules pursuant to Section 202(h) of the Telecommunications… Continue Reading

The New Online Public File Rules Go Into Effect on June 24, 2016

Posted in Broadcast Regulation, Political Broadcasting
The Federal Communications Commission (FCC or Commission) has announced that its new online public file rules, adopted in January of this year, will go into effect on June 24, 2016. Beginning on June 24, 2016, the following entities must place all new public file material into the online public file database: Commercial Radio Stations located… Continue Reading

New FCC Online Public File Requirements Approved by OMB; Effective Date Coming Soon

Posted in Broadcast Regulation
This morning, the Office of Management and Budget (OMB) approved the FCC’s new online public file requirements for radio stations, cable systems, DBS operators, and SDARS operators.  The rules are not yet effective, but will become effective on a rolling basis on the schedule below after an approval notice is published in the Federal Register. … Continue Reading

FCC Proposes Expanding Video Description Requirements

Posted in Broadcast Regulation, MVPD Regulation
UPDATE: The NPRM has been published in the Federal Register.  Comments are due on June 27, 2016; Reply Comments are due July 26, 2016. On April 1, 2016, the Federal Communications Commission released a Notice of Proposed Rulemaking (NPRM) seeking comment on whether to expand its video description requirements to cover additional networks, to increase… Continue Reading

FCC Rejects Petition to Expand Multilingual EAS; Imposes New Reporting Requirement for EAS Participants

Posted in Broadcast Regulation
The FCC has rejected a petition by a group of organizations seeking to make emergency information more accessible to non-English speakers. In an Order released on March 30, 2016, the Commission declared that it “support[s] the general goal of making emergency alert content distributed over the Emergency Alert System (EAS) more accessible to persons whose primary… Continue Reading

Proposed Changes to Emergency Alert System Could Impose New Burdens on Broadcasters, MVPDs, and Wireless Providers

Posted in Broadcast Regulation, Broadcast Technology
On March 24, 2016, the Federal Communications Commission (FCC or Commission) published in the Federal Register a Notice of Proposed Rulemaking (NPRM) seeking comment on a number of proposed changes to the infrastructure and rules supporting the Emergency Alert System (EAS) and the Wireless Emergency Alerts (WEA).  Although many of the proposed changes relate to… Continue Reading

Broadcasters’ Media Ownership Challenge Heading Back to Third Circuit

Posted in Broadcast Attribution, Broadcast Regulation
Broadcasters challenging the FCC’s 2010 quadrennial media ownership order (or lack thereof) are now facing their third time presenting arguments before the U.S. Court of Appeals for the Third Circuit.  Just over a week before the U.S. Court of Appeals for the D.C. Circuit was scheduled to hear oral arguments in the case known as… Continue Reading

Deadlines Announced for Broadcast Foreign Ownership Rulemaking Comments

Posted in Broadcast Attribution, Broadcast Regulation, Foreign Ownership, Transactions
In a post last week, we told you that the Federal Communications Commission had issued a Notice of Proposed Rulemaking (“NPRM”) proposing to streamline the process for broadcast companies to obtain Commission consent to exceed the 25% benchmark for foreign investment in their parent companies.  Today, the NPRM was published in the Federal Register, and… Continue Reading

FCC Proposes to Streamline Foreign Ownership Approval Process for Broadcasters, Creating Potential for New Investment Opportunities

Posted in Broadcast Attribution, Broadcast Regulation, Foreign Ownership, Transactions
On October 22, 2015, the Federal Communications Commission (“FCC” or “Commission”) issued a Notice of Proposed Rulemaking (“NPRM”) proposing to simplify the process for broadcast companies to obtain Commission consent to exceed the 25% benchmark set by Section 310(b)(4) of the Communications Act for foreign investment in their parent companies.  The NPRM also seeks comment… Continue Reading

FCC Modernizes Contest Rules

Posted in Broadcast Regulation, Contests
On September 17, 2015, the Federal Communications Commission (FCC or Commission) unanimously approved a Report and Order (R&O) modernizing its Contest Rule.  As originally promulgated in 1976, the Contest Rule required broadcasters to periodically announce on-air the material terms of a licensee-conducted contest (material terms include how to enter, eligibility restrictions, entry deadline dates, prize… Continue Reading

FCC Seeks Comment on Proposals to Update “Totality of the Circumstances” Test for Retransmission Consent Negotiations

Posted in Broadcast Regulation, MVPD Regulation
The Federal Communications Commission (FCC or Commission) is seeking comment on whether to update the standards that it considers for determining whether parties have negotiated in good faith for retransmission consent of a broadcast signal.  Comments will be due 60 days after publication in the Federal Register; reply comments will be due 30 days later.… Continue Reading

FCC Issues Procedures Governing Competitive Bidding in First-Ever Broadcast Television Spectrum Incentive Auction; Sets March 29, 2016 Deadline for Television Stations to Submit Initial Bids

Posted in Broadcast Regulation
On August 11, 2015, the Federal Communications Commission (FCC or Commission) released a Public Notice that sets forth the procedures that will govern competitive bidding in Auction 1000, the first-ever incentive auction of broadcast television spectrum.  As we mentioned previously, the Procedures PN establishes March 29, 2016 as the “date on which bidding will begin”… Continue Reading

D.C. Circuit Upholds FCC Incentive Auction Order, Allowing Auction Process to Continue Forward

Posted in Broadcast Regulation, Spectrum
 Marking a win for the Federal Communications Commission (Commission or FCC) in the latest incentive auction battle, on June 12, 2015, the D.C. Circuit sustained the Commission’s Incentive Auction Order and a related Declaratory Ruling. As we explained before, the Order, adopted on May 15, 2014, sets forth the rules of the upcoming reverse and… Continue Reading

FCC Media Bureau Allows Pandora to Acquire Radio Station, Approving Pandora’s Plan for Compliance with Waiver of Communications Act’s 25% Foreign Ownership Limit

Posted in Broadcast Regulation, Foreign Ownership, Transactions
Just over a month after the Federal Communications Commission (FCC or Commission) adopted its Declaratory Ruling (Pandora Ruling) allowing Internet streaming music provider Pandora to exceed the Communications Act’s 25% benchmark for foreign investment in broadcast licensee parent companies, the FCC’s Media Bureau granted Pandora’s application to acquire South Dakota radio station KXMZ. The Bureau… Continue Reading

FCC Grants Pandora Relief from the Communications Act’s 25% Foreign Ownership Limit, Signals Intent to Consider Revising Broadcast Foreign Ownership Compliance Mechanisms in the Future and Provides Limited Guidance Regarding Compliance in the Meantime

Posted in Broadcast Regulation, Foreign Ownership, Transactions
As we predicted last week, the Federal Communications Commission (FCC or Commission) has acted on the request by Internet streaming music provider Pandora for permission to exceed the 25% benchmark for foreign investment in broadcast licensee parent companies imposed by Section 310(b)(4) of the Communications Act. In the Pandora Ruling, the FCC authorized foreign investors… Continue Reading