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Category Archives: Foreign Ownership

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Now Effective – The FCC’s Streamlined Broadcast Foreign Ownership Rules and New Rules Governing Foreign Ownership Compliance

Posted in Broadcast Regulation, Foreign Ownership, Transactions
With the publication of an announcement in the Federal Register on April 20, 2017, the FCC’s new foreign ownership rules, originally adopted on September 30, 2016, are now finally effective. The FCC’s September 2016 order made two significant changes to the agency’s foreign ownership rules. First, the new rules contain “streamlined” procedures that broadcasters must… Continue Reading

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

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 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

FCC Could Decide Soon Whether Pandora Can Exceed Foreign Ownership Limit

Posted in Broadcast Regulation, Foreign Ownership
The Federal Communications Commission (FCC) is poised to decide whether Internet streaming music provider Pandora can exceed the Commission’s foreign ownership limit in its acquisition of a South Dakota radio station.  As we previously wrote, in June 2014, Pandora filed a Petition for Declaratory Ruling requesting authority to exceed the 25% benchmark for foreign investment… Continue Reading

FCC Seeks Comment on Pandora’s Petition for Relief from the Communications Act’s 25% Foreign Ownership Benchmark

Posted in Broadcast Regulation, Foreign Ownership, Music Licensing
In the latest chapter of the attempt by Internet streaming music provider Pandora to acquire a South Dakota radio station, the Federal Communications Commission (FCC) has asked for comments on the petition for declaratory ruling that Pandora filed in late June.  The petition, as we explained previously, is the first one filed by an entity… 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

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

FCC Will Review Foreign Ownership Exceeding 25% in Broadcast Companies on Case-by-Case Basis

Posted in Broadcast Regulation, Foreign Ownership
On November 14, 2013, the Federal Communications Commission (FCC or Commission) issued a Declaratory Ruling clarifying its foreign ownership policy for broadcast licensees.  Specifically, the Commission stated that it will now consider, on a case-by-case basis, proposals for foreign investment in the parent company of a broadcast licensee in excess of 25%.  Prior to the… Continue Reading

FCC Ruling Could Expand Broadcaster Access to Foreign Investment

Posted in Broadcast Regulation, Foreign Ownership
The Federal Communications Commission (FCC or Commission) is expected to adopt a declaratory ruling at its November 14, 2013 open meeting clarifying the FCC’s foreign investment rules for broadcast properties.  Specifically, the declaratory ruling will reverse long-standing policy and affirm that the FCC will consider proposals for foreign investment in broadcast licensee parent companies in… Continue Reading

FCC To Consider More Permissive Approach to Foreign Ownership

Posted in Broadcast Regulation, Foreign Ownership
Updated. The FCC has announced that it intends to consider foreign investment in broadcast companies at its November 14, 2013 open meeting. Specifically, the Commission will address a petition for declaratory ruling filed by a group of broadcasters and consumer organizations seeking clarification of the FCC’s policy for foreign investment in broadcast licensees under Section 310(b)(4)… 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