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John Burgett

John Burgett

John Burgett represents broadcasters, financial institutions, and investors in a wide variety of complex regulatory, corporate, and transactional matters before the FCC.  John has extensive experience counseling clients on digital television technology issues.

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Commission Releases Circulation Version of ATSC 3.0 NPRM

Posted in Broadcast Regulation, Broadcast Technology
On February 2, 2017, the Federal Communications Commission released the proposed text of a Notice of Proposed Rulemaking (Circulation NPRM) in the Next Gen TV (a/k/a ATSC 3.0) proceeding in which the agency proposes to authorize television broadcasters to use the Next Gen TV transmission standard on a voluntary, market-driven basis, while continuing to deliver… Continue Reading

FCC Seeks Comment on Updated Catalog of Post-Auction Reimbursement Expenses

Posted in Broadcast Regulation, Spectrum
On October 13, 2016, the Federal Communications Commission (FCC)’s Media Bureau released an update to the Catalog of Eligible Expenses (the “Catalog”) that it will use as a guide when processing requests for reimbursement from the TV Broadcaster Relocation Fund.  Comments on the proposed updates are due by November 14, 2016 and reply comments are due… Continue Reading

The $88.4 Billion Question – What’s Next in the Incentive Auction?

Posted in Broadcast Regulation, Spectrum
The FCC has announced that the total clearing cost for the reverse auction (the aggregate of provisionally winning bids) is $86,422,558,704. Under the final stage rule, the proceeds from the forward auction (net of bidding credits and impairment discounts) must be sufficient to cover incentive auction costs, which include: (1) the aggregate of broadcaster clearing… Continue Reading

Five Things Television Broadcasters Should Know About ATSC 3.0

Posted in Broadcast Regulation, Broadcast Technology
UPDATE (4/27/16):  The FCC has solicited comments on the Petition for Rulemaking.  Comments are due by May 26, 2016 and reply comments are due by June 27, 2016. There is a lot of buzz in the broadcast industry about ATSC 3.0.  Yesterday, a coalition of groups representing broadcasters and equipment manufacturers took an important step… Continue Reading

Auction Update: Confirm Your Station Coverage and Population Data

Posted in Broadcast Regulation, Spectrum
In a Public Notice released yesterday, the FCC’s Office of Engineering and Technology (OET) announced that the final version of the TVStudy software, which calculates television stations’ coverage areas for use in the Incentive Auction and subsequent repacking, is now available on the Commission’s LEARN website.  OET also released a preliminary table showing the baseline… Continue Reading

FCC Releases Preliminary List of Auction-Eligible Facilities; Asks Stations to Certify Accuracy of Technical Data By July 9, 2015

Posted in Broadcast Regulation, Spectrum
On June 9, 2015, the Federal Communications Commission (FCC or Commission) issued a Public Notice identifying a preliminary list of 2,202 full power and Class A television stations that are eligible to participate in the Incentive Auction and receive protection in the post-auction repack.  Specifically, the list includes those stations found to be subject to… Continue Reading

Closed Captioning Quality Control: FCC Establishes Procedures to Report Non-Certifying Video Programmers

Posted in Broadcast Regulation
As part of its efforts to improve the quality of closed captions, the FCC today issued a Public Notice detailing the procedures for video programming distributors (VPDs) – including broadcasters and MVPDs – to submit reports identifying those video program suppliers who do not provide widely-available certifications regarding the quality of the closed captions provided… Continue Reading

FCC Seeks Comment on Use of “Last-In-First-Out” Method for Selling Political Ads

Posted in Broadcast Regulation, Political Broadcasting
The FCC’s Media Bureau issued a Public Notice today seeking comment on a petition for declaratory ruling urging the Commission to prohibit stations’ use of the Last-In-First-Out (or “LIFO”) method of selling preemptible advertising time to political candidates or, if not prohibited, to require that stations using the LIFO method always give political candidates preemption… Continue Reading

FCC Releases Public Notice Proposing Starting Prices, Repack Optimization Factors, and Other Incentive Auction Details

Posted in Broadcast Regulation, Spectrum
The Federal Communications Commission (FCC or Commission) has released its Auction Comment Public Notice (Comment PN), which the Commission adopted by a 3-2 party-line vote at its December 11, 2014 open meeting.  The Comment PN proposes certain procedures that the FCC will follow in the forthcoming broadcast incentive auction and the subsequent repacking of broadcast… Continue Reading

FCC Seeks Comment on Draft TV Broadcaster Relocation Fund Reimbursement Form

Posted in Broadcast Regulation, Broadcast Technology, Spectrum
The FCC’s Media Bureau issued a Public Notice today seeking comment on a draft TV Broadcaster Relocation Fund Reimbursement Form (“Reimbursement Form”), which broadcasters and MVPDs will use to submit information necessary to get reimbursed for their expenses incurred during the post-auction repacking process.  Comments on the Reimbursement Form are due October 27, 2014. Congress allocated… Continue Reading

Pandora Requests FCC Permission to Exceed 25% Foreign Ownership Benchmark Under Section 310(b)(4), Providing First Test of FCC’s Case-by-Case Approach to Broadcast Foreign Investment

Posted in Broadcast Regulation, Foreign Ownership, Music Licensing
Just over a year ago, Internet streaming music provider Pandora filed an application seeking FCC consent to acquire a South Dakota radio station, KXMZ(FM).  As we explained at the time, Pandora was motivated in part by a desire to qualify for lower royalties for public performances of musical works in the repertories of the American… Continue Reading

Political Advertising 101: A Refresher Course for Very Busy People

Posted in Advertising Issues, Broadcast Regulation, Political Broadcasting
With campaign spending essentially unlimited, 2014 is certain to be another record-breaking year for political advertising sales.  Before the election season gets too hectic (if it isn’t already), we strongly recommend that all station staff handling political buys and/or maintaining the political file take some time to brush up on the key rules governing political… Continue Reading

Media Bureau Issues JSA/SSA Processing Guidance

Posted in Broadcast Attribution, Broadcast Regulation
Citing a recent uptick in the number of proposed television transactions that include same-market sharing arrangements, the Federal Communications Commission’s (FCC or Commission) Media Bureau issued a Public Notice on March 12, 2014, aimed at providing broadcasters with guidance as to how the Bureau will process applications for proposed transactions that couple sharing arrangements with… Continue Reading