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Category Archives: Broadcast Attribution

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FCC Releases Draft Orders that Would Eliminate FRN/RUFRN Requirement for NCEs and Allow NCEs More Flexibility to Conduct Third Party Fundraising

Posted in Broadcast Attribution, Broadcast Regulation
On March 30, 2017, the FCC or Commission released two draft items that, if adopted at the Commission’s April Open Meeting, would reduce regulatory burdens on noncommercial educational (NCE) broadcasters. FCC Form 323-E and Permissive Use of SUFRNs The first item is a draft Order on Reconsideration (Draft Recon Order) that would roll-back a requirement… Continue Reading

FCC Eliminates Public File Requirement for Letters/Emails from the Public

Posted in Broadcast Attribution
On January 31, 2017, the newly Republican-majority Federal Communications Commission voted unanimously to eliminate the requirement that commercial TV and radio stations retain in their public files copies of letters and emails from the public. (Non-commercial educational broadcasters are not required to do so.) Chairman Pai noted in a Statement accompanying the Report and Order… 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

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

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 Establishes Comment Deadlines for 2014 Quadrennial Ownership Review

Posted in Broadcast Attribution, Broadcast Regulation
Update: The FCC has extended the deadlines for submitting media ownership comments.  Comments and reply comments are now due on August 6 and September 8, respectively. The FCC has published its Further Notice of Proposed Rulemaking on media ownership in the Federal Register, triggering the comment deadlines in that proceeding.  Comments are due by July 7, 2014 and… Continue Reading

FCC Releases Report and Order on TV JSA Attribution and Ownership Further Notice of Proposed Rulemaking

Posted in Broadcast Attribution, Broadcast Regulation
On April 15, 2014, the FCC released the text of its Report and Order making certain television joint sales agreements (JSAs) attributable under the FCC’s media ownership rules and its Further Notice of Proposed Rulemaking regarding that simultaneously initiates the 2014 Quadrennial Review of its media ownership rules and seeks to resolve the still-pending 2010 Quadrennial Review… Continue Reading

FCC Acts to Attribute Television JSAs and Prohibit Joint Retransmission Consent Agreements; Initiates 2014 Quadrennial Ownership Review

Posted in Broadcast Attribution, Broadcast Regulation
The Federal Communications Commission (FCC or Commission) today took actions that implicate media ownership and television retransmission consent negotiations.  The FCC adopted: Orders that will: (1) make television joint sales agreements (JSAs) attributable where a brokering station sells more than 15% of the advertising time for a brokered station; and (2) effectively prohibit top-four television… 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

What’s Next For Television Joint Sales Agreements, Shared Services Agreements, and Joint Retransmission Negotiations?

Posted in Broadcast Attribution, Broadcast Regulation
A fierce battle is shaping up in DC about relationships into which same-market broadcasters may enter.  In one corner are FCC Chairman Tom Wheeler, the cable industry, and several “public interest” groups (although, as noted below, some have accused Chairman Wheeler of not going far enough).  In the other corner are the two Republican FCC… Continue Reading

Wiley’s Word: Media Ownership Review – First, Do No Harm

Posted in Broadcast Attribution, Broadcast Regulation
Based on my experience as Chairman of the Federal Communications Commission, and as a long-time Washington D.C. communications lawyer, I know something about media ownership regulations.  It was under my stewardship that, in 1975, the agency adopted rules prohibiting the common ownership of a newspaper and radio or television stations in the same market –… Continue Reading

Guidance for Media Companies and Investors: What To Expect When Seeking Approval Under § 310(b)(4) for Foreign Ownership Over the 25% Benchmark

Posted in Broadcast Attribution, Broadcast Regulation, Foreign Ownership
As we reported back in November, the Federal Communications Commission (FCC or Commission) issued a Declaratory Ruling announcing that it will consider proposals for foreign investment in the parent company of a broadcast licensee in excess of section 310(b)(4)’s 25% benchmark on a case-by-case basis.  This declaratory ruling potentially opens the door for media companies… Continue Reading

Predicting the Media Landscape in 2014

Posted in Broadcast Attribution, Broadcast Regulation, Copyright, First Amendment, Privacy, Program Content
2013 proved to be a transformative year for the media industry.  We saw the M&A market heat up, with Sinclair, Gannett, Tribune, and Gray all growing their broadcast portfolios, while iconic names such as Belo, Fisher, and Allbritton either departed or entered into agreements to depart the broadcast field.  This past year saw digital rights… Continue Reading

FCC Shifts Biennial Ownership Deadline Up Five Hours

Posted in Broadcast Attribution, Broadcast Regulation
Procrastinators (or, really, anyone trying to use the FCC’s CDBS system) beware — you have five fewer hours to file your biennial ownership reports! In a Public Notice, the FCC announced that a scheduled power outage at Commission headquarters will result in the unavailability of the FCC’s CDBS system after 7:00 p.m. on December 20,… Continue Reading

Broadcast Ownership Report Deadline Extended to December 20

Posted in Broadcast Attribution, Broadcast Regulation
Call it a Thanksgiving pardon for broadcasters and their attorneys: the FCC has issued an Order extending until December 20, 2013 the deadline for commercial full-power AM, FM, TV, LPTV, and Class A stations and entities with attributable interests to file their biennial ownership reports . As we previously reported, the FCC had earlier extended… Continue Reading

FCC Opens a Proceeding to Consider Elimination of the UHF Discount

Posted in Broadcast Attribution, Broadcast Regulation
The Federal Communications Commission (FCC or Commission) today issued a Notice of Proposed Rulemaking (NPRM) to consider whether to eliminate the UHF discount.  The UHF discount is an exception to the national television ownership rule that prohibits a single entity from owning stations that reach in the aggregate more than 39% of total television households nationwide. … Continue Reading

Pandora’s Proposed Broadcast Radio Station Purchase Raises Objections Based on FCC Foreign Ownership and Attribution Rules as Well as Performance Royalty Issues

Posted in Broadcast Attribution, Broadcast Regulation, Copyright, Foreign Ownership, Music Licensing
In June, Pandora announced plans to purchase a South Dakota radio station, KXMZ(FM), from Connoisseur Media, LLC.   From the outside, it might have seemed curious that a pure-play Internet webcaster would seek to enter the broadcast radio business by purchasing a single station.  But Pandora explained that, among other things, the company wanted to buy… Continue Reading