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
By Kathryne Dickerson and John Burgett on Posted in Broadcast RegulationOn December 8, 2017, the Order eliminating the FCC’s main studio rule was published in the Federal Register. As a result, the rule change will be effective on January 8, 2018. Requirements associated with the main studio rule, such as having at least two employees (one manager and one staff) present on a full-time basis… Continue Reading
By Eve K. Reed on Posted in Broadcast RegulationThe FCC’s Notice of Proposed Rulemaking (NPRM) seeking comment on whether to modernize the requirements that broadcasters report annually on their provision of digital television (DTV) ancillary or supplementary services and provide local public notice of the filing of certain applications has been published in the Federal Register. As the FCC has announced, this sets… Continue Reading
By Kathryne Dickerson and John Burgett on Posted in Broadcast Regulation,Broadcast TechnologyOn November 20, 2017, the Federal Communications Commission released a Report & Order (Order) authorizing television broadcasters to use the Next Gen TV standard (a/k/a ATSC 3.0) on a voluntary, market-driven basis. The Order also includes a Further Notice of Proposed Rulemaking (FNPRM) that seeks further comment on three specific issues related to the ATSC… Continue Reading
By Kathryne Dickerson and John Burgett on Posted in Broadcast Regulation,Broadcast TechnologyOn October 26, 2017, the Federal Communications Commission released a draft Report & Order (“Draft Order”) that would allow television broadcasters to use the Next Gen TV standard (a/k/a ATSC 3.0) on a voluntary, market-driven basis. The Draft Order will be voted on at the Commission’s November 16th Open Meeting. Below, we summarize the key… Continue Reading
By Kathleen E. Scott, Eve K. Reed, Joan Stewart and Ari Meltzer on Posted in Broadcast Attribution,Broadcast RegulationFederal Communications Commission (FCC or Commission) Chairman Ajit Pai is proposing some of the most dramatic changes to the Commission’s media ownership rules in decades. At its November 16 Open Meeting, the agency will consider an Order on Reconsideration that would: (i) eliminate the 42-year-old newspaper/broadcast cross-ownership rule; (ii) eliminate the radio/television cross-ownership rule; (iii)… Continue Reading
By Kathryne Dickerson and John Burgett on Posted in Broadcast RegulationAt its October 24, 2017 Open Meeting, the FCC voted to eliminate its 78-year-old main studio rule, requiring each radio and television station to maintain a main studio located in or near its community of license. Commissioners voted along party lines, with Chairman Pai and Commissioners O’Rielly and Carr voting in favor of eliminating the rule… Continue Reading
By Ari Meltzer, John Burgett and Jessica Rosenthal on Posted in Broadcast Regulation,TransactionsThe FCC has, for the first time, approved an application for the assignment of the license of a television station that agreed to relinquish its spectrum in the Broadcast Television Incentive Auction but has not yet commenced channel sharing. These so-called “zombie” or “nomad” licenses have perplexed broadcasters and the FCC staff for months. In April,… Continue Reading
By Kathryne Dickerson and John Burgett on Posted in Advertising Issues,Broadcast Regulation,Political BroadcastingOn October 19, 2017, Democratic Senator Amy Klobuchar of Minnesota introduced a bill, co-sponsored by Sens. Mark Warner (D-VA) and John McCain (R-AZ), aimed at regulating online political advertising. The bill, dubbed the “Honest Ads Act,” would require online platforms to identify the purchasers of certain political ads, maintain a “public file” containing specific information… Continue Reading
By Eve K. Reed on Posted in Broadcast RegulationThis week, the United States Court of Appeals for the D.C. Circuit affirmed an FCC order issued in March 2016 that declined to require emergency alerts in languages other than English. In a 2-1 decision, the Court found the agency’s determination to be consistent with the Communications Act and reasonable, and thus denied the petition… Continue Reading
