On 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
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What the FCC Shutdown Means for Broadcasters
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
Commission Seeks Comment on Revised Proposals for Protection of Class A AM Stations
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
FCC Sets October 12, 2018 Deadline for Registration of United States-Based Foreign Media Outlets
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
National EAS Test Postponed Until October 3, 2018
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
NPRM Proposes Momentous Changes to the Children’s Television Programming Rules
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
Wiley Rein Hosts FCC Commissioner Brendan Carr for Luncheon Roundtable
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
Draft NPRM Proposes Momentous Changes to the Children’s Television Programming Rules
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
FCC Seeks Comment on Key TCPA Issues
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
Transitioning TV Stations Should Be Mindful of Notification Requirements
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
FCC Seeks Comment on Proposal to Streamline Assignment/Transfer of TV Satellite Stations
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
LPTV, TV Translator, and FM Radio Stations to Benefit From New Repack Funding
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
Comment Dates Set on FCC Proposal to Eliminate Paper Contract Filing Requirement for Broadcasters
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
When the Commission Says Certified Mail, It Means Certified Mail
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
President Trump’s “S&!%hole” Remark Shines New Light on FCC’s Ambiguous Policy on Profanity/Indecency
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
FCC Media Ownership Rule Changes Effective February 7, 2018; Comments Due March 9, 2018 on Proposals to Increase Broadcast Ownership Diversity
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
FCC Actively Enforcing Broadcast EEO Rules
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
Elimination of Main Studio Rule Effective on January 8, 2018
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
Comments Due December 29 on Proposals to Modernize Broadcast Ancillary/Supplementary Services Reporting and Local Public Notice Requirements
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
FCC Authorizes Voluntary Transition to ATSC 3.0
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
FCC Draft Order Would Authorize Voluntary Transition to ATSC 3.0
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
FCC to Consider Sweeping Changes to Media Ownership Rules
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
FCC Votes to Eliminate Main Studio Rule
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
“Zombies” Among Us – FCC Approves Sale of Station Sold in Auction, Not Yet Sharing
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