By Eve K. Reed and Ari Meltzer on Posted in Broadcast Attribution,Broadcast Regulation,Ownership Rules,TransactionsOn November 29, 2019, the U.S. Court of Appeals for the Third Circuit issued its mandate in the latest chapter of the seemingly never-ending litigation saga concerning the Federal Communications Commission’s (FCC’s) media ownership rules. As a result, the rules left in place by the 2016 broadcast quadrennial review are now again in effect. The… Continue Reading
By Eve K. Reed, Megan Brown and Kathleen A. Kirby on Posted in Broadcast Regulation,Foreign Ownership,TransactionsThe Department of Commerce (Department) has proposed regulations that would apply broadly to an expansive range of “transactions” involving information and communications technology and services (ICTS) – including radio and television broadcasting equipment – with foreign entities designated as “foreign adversaries.” These proposed rules would apply not only to traditional “transactions” such as mergers and… Continue Reading
By Ari Meltzer and Eve K. Reed on Posted in Broadcast Attribution,Broadcast RegulationThe seemingly never-ending cycle in which the FCC adopts an order in its quadrennial media ownership review only to have that order overturned by a panel of the United States Court of Appeals for the Third Circuit is likely to continue unless the Supreme Court intervenes. On Wednesday, November 20, the Third Circuit denied petitions… Continue Reading
By Ari Meltzer on Posted in Broadcast RegulationWith the FCC’s announcement that FCC Form 2100, Schedule 399 (better known as Form 399) is now available for LPTV, TV Translator, and FM Stations seeking reimbursement for expenses incurred in relation to the broadcast television repack, the reimbursement process for these stations is now underway. For many licensees that also own full power and… Continue Reading
By John Burgett on Posted in Advertising Issues,Broadcast Regulation,Political BroadcastingIf the initial excitement you feel at the prospect of what will hopefully be another bountiful political advertising market quickly gives way to a sick, uneasy feeling as you try to recall the FCC’s rather complex, and often confusing, political broadcasting rules, then this “update” is for you. Although there haven’t been any significant changes… Continue Reading
By Gregory Masters on Posted in Broadcast RegulationFM translators have become a more pervasive and important component of terrestrial radio broadcasting than ever before. Aided by the FCC’s AM revitalization initiative and increases in programming services via FM digital multicast streams, the number of authorized translator stations has increased sharply in recent years, as have the opportunities for translator licenses to carry… Continue Reading
By Ari Meltzer on Posted in Broadcast RegulationOn Tuesday, July 9, Jane Hinckley Halprin will preside over the initial stages of her first hearing as the FCC’s administrative law judge to determine a series of questions regarding the role of a convicted felon in the ownership of four AM radio stations. Given the absence of any record on which to evaluate Judge… Continue Reading
By Eve K. Reed on Posted in Broadcast Regulation,Ownership RulesOn January 22, 2019, the FCC’s Order eliminating broadcasters’ obligation to file paper copies of contracts pursuant to Section 73.3613 of the Commission’s rules will go into effect. Covered contracts include those related to network affiliations, control of station licenses, certain employment agreements, joint sales agreements (“JSAs”), and local marketing agreements (“LMAs”) (collectively, “Section 73.3613… Continue Reading
By Kathleen A. Kirby and Ari Meltzer on Posted in Broadcast RegulationAs a result of the partial government shutdown, the Federal Communications Commission suspended most operations yesterday, January 3, 2019, and most Commission staffers are furloughed. Despite the shutdown, many FCC computer systems will remain operative, and certain deadlines will remain unaltered. For example, staff involved with spectrum auctions are unaffected by the lapse in funding,… Continue Reading
By Kathryne Dickerson, Gregory Masters and Kathleen A. Kirby on Posted in Broadcast RegulationOn October 5, 2018, the Federal Communications Commission, as part of its ongoing efforts to revitalize AM radio, released a Second Further Notice of Proposed Rulemaking(SFNPRM) seeking comment on revised proposals regarding interference protection to Class A AM stations (so-called “clear channel” stations). The SFNPRM is a follow-up to the Commission’s Further Notice of Proposed Rulemaking… Continue Reading
By Eve K. Reed, Wayne D. Johnsen and Tessa Capeloto on Posted in Broadcast Regulation,Foreign OwnershipThe Federal Communications Commission (FCC) has released a public notice setting October 12, 2018 as the initial deadline for “United States-based foreign media outlets” to file reports with the FCC. The reports are required pursuant to the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (NDAA) and must contain certain specified information.… Continue Reading
By Ari Meltzer on Posted in Broadcast RegulationSound the alarms, or rather, don’t . . . At least not yet. The FCC and FEMA announced today that they are postponing the nationwide test of the Emergency Alert System and the Wireless Emergency Alert System originally scheduled for this Thursday, September 20, 2018, due to the ongoing response to Hurricane Florence. The test… Continue Reading
By Kathryne Dickerson and Joan Stewart on Posted in Broadcast RegulationOn July 13, 2018, the FCC released the text of a Notice of Proposed Rulemaking (“NPRM”) that, consistent with the draft item released in June, proposes sweeping changes to the current children’s television programming rules. Comments on the FCC’s proposals are due September 24, 2018 and replies are due October 23, 2018. In the NPRM,… Continue Reading
By Wiley on Media on Posted in Broadcast RegulationWiley Rein hosted a luncheon roundtable discussion on Wednesday featuring Brendan Carr, Commissioner of the Federal Communications Commission (FCC) and an alumnus of the firm. The event was attended by over 120 guests including many clients and leaders in the communications industry, as well as press.… Continue Reading
By Joan Stewart on Posted in Broadcast RegulationThe Federal Communications Commission has released a draft Notice of Proposed Rulemaking proposing sweeping changes to the current children’s television programming rules (NPRM). The Commission is expected to officially adopt the NPRM at its next open meeting on July 12, 2018. In the draft NPRM, the Commission proposes to modify its “outdated” children’s programming rules… Continue Reading
By Eve K. Reed and Kathleen Scott on Posted in Broadcast Regulation,Broadcast Technology,Telephone Consumer Protection ActThe Federal Communications Commission (“FCC” or “Commission”) has taken its first step in addressing several key issues under the Telephone Consumer Protection Act (“TCPA”) that were raised by the recent D.C. Circuit decision that resolved an appeal of the Commission’s 2015 Omnibus TCPA Order. Specifically, the D.C. Circuit’s March decision in ACA International v. FCC… Continue Reading
By Ari Meltzer, John Burgett and Joan Stewart on Posted in Broadcast RegulationWith the first phase of the post-incentive auction repack rapidly approaching, licensees of full power and Class A television stations should be mindful of upcoming deadlines for notifications to multichannel video programming distributors (MVPDs), medical facilities, and viewers. The requirements apply both to stations that submitted a successful bid to change bands and to stations that… Continue Reading
By Eve K. Reed and Ari Meltzer on Posted in Broadcast Attribution,Broadcast RegulationUPDATE 4/12/2018: Comments are due on May 11, 2018 and reply comments are due on May 29, 2018. The FCC wants to know whether and how it should revise the process for applying to assign or transfer control of a television satellite station. Television satellite stations are full power television stations that retransmit some or… Continue Reading
By Ari Meltzer on Posted in Broadcast RegulationOn Friday, President Trump signed into law the Consolidated Appropriations Act, 2018 (H.R.1625), which includes an amended version of the Repack Airwaves Yielding Better Access for Users of Modern Services (RAY BAUM’S) Act of 2018 (H.R.4986), funding for the Federal Communications Commission (FCC), and funding for the National Telecommunications and Information Administration (NTIA). While the $1.3… Continue Reading
By Eve K. Reed on Posted in Broadcast RegulationIn another proceeding initiated as part of its effort to modernize the rules that apply to broadcasters, the Federal Communications Commission (FCC) is seeking comment on whether and how to update the requirement that licensees file paper copies of certain contracts and other documents with the agency within 30 days of their execution. As a… Continue Reading
By Kathryne Dickerson and Ari Meltzer on Posted in Broadcast Regulation,MVPD RegulationAs lawyers, we frequently receive questions along the lines of, “I know the rule says [x], but what if I do [y] instead? That’s consistent with the spirit of the rule, right?” We now have further proof that complying with the “spirit of the rule” may not be good enough. In a recent decision, the… Continue Reading
By Kathleen A. Kirby and Ari Meltzer on Posted in Broadcast Regulation,First AmendmentBroadcasters found themselves facing a conundrum on Thursday when President Trump, in a meeting with Congressional leaders about immigration, reportedly referred to Haiti and certain African countries as “shithole countries.” 24-hour cable networks immediately reported on the President’s comments, repeating the crass term and even including it on their lower-thirds. Unlike their cable, newspaper, online… Continue Reading
By Eve K. Reed on Posted in Broadcast Attribution,Broadcast Regulation,Ownership RulesThe FCC’s Order on Reconsideration (Order) adopting sweeping changes to the media ownership rules has been published in the Federal Register. This establishes February 7, 2018 as the effective date for all but one of the rule changes adopted in the Order. As previously explained, the Order (i) eliminates the 42-year-old newspaper/broadcast cross-ownership rule; (ii)… Continue Reading
By Elizabeth E. Goldin on Posted in Broadcast Regulation,EmploymentWhile the Federal Communications Commission (FCC) may be modernizing many of its rules governing broadcasters, a recent, sizable fine serves as a reminder that the agency will enforce those laws on the books. In a Notice of Apparent Liability for Forfeiture (NAL) issued earlier this week, the FCC proposed a $20,000 fine against a broadcaster… Continue Reading
