CommLawBlog

Given the increasing power of artificial intelligence (AI) technologies to generate content that mimics human voices, the FCC issued a unanimous Declaratory Ruling clarifying that current AI technologies that generate human voices constitute artificial or prerecorded voices" subject to the Telephone Consumer Protection Act (TCPA). The TCPA protects consumers from unwanted calls made using artificial...... Continue Reading

The federal Corporate Transparency Act (CTA"), enacted by Congress on January 1, 2021, established new ownership disclosure and reporting requirements for most small and medium sized U.S. companies (Reporting Companies"), including both existing and newly created companies. The deadline for filing the required report is January 1, 2025, but companies should not wait to review...... Continue Reading

On January 17, 2024, the FCC released a Notice of Proposed Rulemaking (NPRM") seeking comment on a newly proposed requirement for cable operators and direct broadcast satellite (DBS") providers, which, if enacted, would require those cable operators and DBS providers to make available rebates to their subscribers for programming blackouts caused by failed retransmission consent...... Continue Reading

On January 17, 2024, the FCC released a Notice of Proposed Rulemaking (NPRM") seeking comment on a proposed rule that would prioritize review of certain broadcast applications filed by stations that certify that they provide locally originated programming. Eligible Stations Under the proposed rule, priority review would be available to radio and television stations (excluding...... Continue Reading

On December 21, 2023, the FCC released a Notice of Proposed Rulemaking (NPRM") proposing new reporting requirements for multichannel video programming distributors (MVPDs"). The amendments to the FCC's rules, if enacted, would give MVPDs 48 hours to notify the FCC when a blackout of 24 hours or more of a broadcast television station, or stations,...... Continue Reading

After receiving a mandated deadline from the U.S. Court of Appeals for the D.C. Circuit, the FCC presented its long-awaited Christmas gift to the broadcast industry with the December 26 release of the 2018 Quadrennial Review Report and Order (R&O"). By a 3-2 vote, with both Republican commissioners dissenting, the R&O found that the FCC's...... Continue Reading

The Food and Drug Administration (FDA") has adopted a Final Rulerequiring that when a direct-to-consumer TV or radio ad for a prescription drug makes statements relating to side effects of thedrug, those statements must be presented in a clear, conspicuous, and neutral manner." This FinalRule implements one requirement of the Federal Food, Drug, and Cosmetic...... Continue Reading

On December 12, 2023, the FCC adopted a Report and Order (R&O") providing certain qualifying Low Power TV (LPTV") stations with a limited opportunity to convert to Class A status. The R&O came after the FCC circulated a draft last month and implements the requirements of the Low Power Protection Act (LPPA"), which is intended...... Continue Reading

On December 5, 2023, the FCC released a Public Notice adopting two final reimbursement claims submission deadlines for eligible incumbents and stakeholders as part of the ongoing transition of the 3.7-4.2 GHz band (C-band"). Claimants seeking reimbursement for all claims for C-band transition costs incurred and paid by claimants as of December 31, 2023, including...... Continue Reading

All commercial, Class A, and Low Power television stations that provided feeable ancillary or supplemental services between October 1, 2022 and September 30, 2023 must file an Annual Ancillary/Supplemental Service Report by December 1, 2023. Reports are filed on a station-by-station basis in the FCC's Licensing and Management System (LMS) on Form 317. Ancillary or...... Continue Reading

On November 22, 2023, the FCC circulated a draft Report and Order (R&O") that would, if adopted, provide some Low Power TV stations with the opportunity to convert their stations to Class A status. The draft Report and Order is slated to be voted on at the FCC's next Open Meeting on December 13, 2023....... Continue Reading

We remind parties with 12.7 - 13.25 GHz (13 GHz") Broadcast Auxiliary/Cable Relay licenses that you have until November 29, 2023 to make a filing at the FCC to protect those licenses, as the FCC moves towards repurposing some or all of that band for other uses. In a May 19, 2023 Notice of Proposed...... Continue Reading

On October 30, 2023, the FCC released yet another list of broadcast stations that will be audited regarding their compliance with the FCC's Equal Employment Opportunity (EEO") rules. Licensees of the audited stations will have to upload their audit responses to their online public inspection files by December 14, 2023. Approximately twice per year, the...... Continue Reading

The FCC announced today via Public Notice that it has revised the filing window period to apply for new LPFM stations, on which we reported in a previous blog post. The filing window was slated to open on November 1, 2023, and close November 8, 2023, but it will now open on December 6, 2023...... Continue Reading

The FCC has issued a proposal that would allow more FM stations to increase digital power and allow asymmetric power on digital sidebands. Interested parties have until September 21 to file comments. Reply comments are due October 6. Power Increase for Digital FM Stations In the Order and Notice of Proposed Rule Making (NPRM) released...... Continue Reading

The Federal Emergency Management Agency (FEMA") and the Federal Communications Commission (FCC") have announced that a nationwide test of the Emergency Alert System (EAS") will take place on October 4, 2023, at 2:20 pm EDT. As we previously reported, EAS participants, with limited exceptions, should have already filed their ETRS Form 1 providing the FCC...... Continue Reading

This week, the FCC announced that between September 1, 2023 and November 8, 2023, it will not accept LPFM and FM translator minor modification applications. This application freeze arises in conjunction with the filing window for LPFM construction permits, which will be open from November 1, 2023 through November 8, 2023. More details regarding this...... Continue Reading

On June 29th, the Federal Trade Commission (FTC) released updated rules to combat deceptive advertisements and endorsements. Along with new endorsement guidelines and answers to FAQs, these new rules mark a potential new era of FTC enforcement for advertisers who participate in online marketing. There have been huge shifts in the social media advertising landscape...... Continue Reading

This week, the Commission issued a Public Notice announcing that the filing window for submitting biennial ownership reports will open on October 2, 2023. All licensees of commercial and non-commercial full power television, Class A television, low power television, AM radio, and FM radio stations, as well as any entity having an attributable interest such...... Continue Reading

In a recently released Third Report and Order, the FCC has revised its Next Generation Broadcast Television (ATSC 3.0 or Next Gen TV) rules to enhance the transition from the current TV technology (ATSC 1.0). Among other things, the Order allows a Next Gen TV station to modify its license to include certain non-primary video...... Continue Reading

What are the rules for social media advertising campaigns and the use of influencer endorsements? Seth Williams and Jackie Fisher tackled that question in Media Financial Management's Town Hall Webinar, #Sponsored: Avoiding Risks in Social Media and Influencer Marketing. Influencer marketing-where individuals use their social media following to generate interest in brands, events, or products-has...... Continue Reading

On June 22, the FCC announced that a filing window for applications for new low power FM (LPFM) station construction permits will open on November 1, 2023 and close on November 8, 2023. LPFM proposals in the entire FM band, from channels 201 to 300, will be eligible for filing during this window. This LPFM...... Continue Reading

On June 21st, the FCC announced that the Universal Licensing System (ULS), Tower Construction Notification System (TCNS), E-106 System, and Antenna Structure Registration System (ASR) are now operational following an outage that began on June 9th. As discussed in our prior blog post, the FCC had previously extended filing deadlines to address the system...... Continue Reading

The FCC announced that it would extend deadlines to accommodate outages in the Universal Licensing System (ULS), Tower Construction Notification System (TCNS), E-106 System, and Antenna Structure Registration Systems (ASR). These extended deadlines include: Regulatory Filings in ULS and ASR. All regulatory filings that needed to be or will need to be made in these...... Continue Reading

The Federal Communications Commission (FCC") has largely granted the NAB's request and will again extend for 18 months to November 26, 2024, the effective date of the FCC's rule governing accessibility of emergency communications. This rule requires broadcasters to provide, during non-newscast programming, an aural representation of any visual, non-textual emergency information, such as radar...... Continue Reading

The Oregon Association of Broadcasters honored retired Fletcher, Heald & Hildreth attorney Matt McCormick with the Tom McCall Leadership Award, which honors an individual for their outstanding service to the state and/or nation on behalf of the broadcast industry. The entire FHH family joins the Oregon Association of Broadcasters in offering their warmest congratulations to...... Continue Reading

The House Subcommittee on Communications & Technology on Wednesday, May 24th unanimously advanced a bill to renew the Federal Communications Commission's (FCC") authority to auction commercial airwaves and use the proceeds to pay for both next generation 911 and the Secure and Trusted Communications Networks Reimbursement Program. The bipartisan 50-0 vote comes after the FCC's...... Continue Reading

President Joe Biden has announced that he plans to nominate Anna Gomez to serve as an FCC Commissioner. Currently, Gomez is a Senior Advisor to the State Department's Bureau of Cyberspace and Digital Policy. She previously served as the Deputy Administrator for the National Telecommunications and Information Administration (NTIA) and held a variety of roles...... Continue Reading

June 1 Annual EEO Public Inspection File Report - Broadcasters with Station Employment Units comprised of radio and/or television stations with five or more full-time employees licensed to communities in Arizona, the District of Columbia, Idaho, Maryland, Michigan, Nevada, New Mexico, Ohio, Utah, Virginia, West Virginia, or Wyoming must upload to the stations' respective Online...... Continue Reading

On the heels of the expiration of the federal COVID-19 Public Health Emergency, the FCC has announced that they too will be rescinding some pandemic-related relief measures. As of Monday, May 15th, the FCC issued a Public Notice announcing that, effective immediately, broadcasters will no longer be permitted to exclude free time that they provide...... Continue Reading

The FCC announced today via Public Notice that mid-term EEO reviews for radio stations in DC, Maryland, Virginia, and West Virginia will begin on June 1. We discussed EEO mid-term reviews earlier this year in anticipation of this announcement. The Public Notice stated that each television station that is part of an employment unit of...... Continue Reading

On April 24, 2023 the FCC released its most recent list of broadcast stations that will be audited regarding their compliance with the FCC’s Equal Employment Opportunity (“EEO”) rules. Licensees of the audited stations will have to upload their audit responses to their online public inspection files by June 8, 2023. Approximately twice per year,...… Continue Reading

During her address today at the 2023 NAB Show, FCC Chairwoman Jessica Rosenworcel shared two developments in the Next Generation Television (“Next Gen TV” or “ATSC 3.0”) rulemaking.  The Future of Television Initiative  The Chairwoman introduced the Future of Television initiative (the “Initiative”), a private-public leadership group hosted by the NAB, dedicated to “develop[ing] a...… Continue Reading

On March 30, 2023, the FCC released a Notice of Proposed Rulemaking (“NPRM”) seeking comment on the following proposed rules for a one-year filing window for eligible LPTV stations to apply for conversion to Class A designation: Eligibility Requirements The Commission proposes three eligibility requirements that LPTV stations must meet to apply for conversion to...… Continue Reading

On March 9, 2023, the FCC’s spectrum auction authority expired for the first time since it was initially granted in 1993. The authority enabled the FCC to auction spectrum when it received conflicting applications for a frequency in the wireless or broadcast services. Under the Balanced Budget Act of 1997, the FCC’s spectrum auction authority...… Continue Reading

At the FCC Commissioners’ meeting on March 16, the FCC imposed new STIR/SHAKEN and robocall mitigation requirements on all providers, including intermediate providers and regardless of their STIR/SHAKEN implementation status. All providers are now required to take “reasonable steps” to mitigate illegal robocall traffic and must submit a certification and mitigation plan to the Commission’s...… Continue Reading

March 31 Supply Chain Annual Report – Providers of advanced communications services that purchased, rented, leased, or otherwise obtained covered communications equipment and services on the Covered List in 2022 must submit an annual report on or before March 31, 2023 covering information as of December 31, 2022. The current version of the Covered List...… Continue Reading

On March 17th our very own Frank Montero and Seth Williams presented a lecture on how to close a broadcast station acquisition to the latest class of industry leaders. The session was part of the National Association of Broadcasters Leadership Foundation’s Broadcast Leadership Training Program (BLT). We are thrilled to be among the supporters of...… Continue Reading

On March 7, 2023, Gigi Sohn, President Biden’s nominee to the Federal Communications Commission, withdrew following a bitter 16-month lobbying battle which blocked her Senate confirmation. Ms. Sohn was first nominated on October 26, 2021, but failed to receive a confirmation vote in the Senate. The White House renominated Sohn on January 3, 2023. From 2013...… Continue Reading

We remind radio licensees that Spring marks the mid-point of the current license term for some. This mid-point is significant because it marks the beginning of the period during which the FCC will conduct mid-term reviews to determine compliance with EEO requirements for radio station employment units that employ 11 or more full-time employees. Even...… Continue Reading

April 1, 2023 Delaware or Pennsylvania Television License Renewal Applications Due – Applications for renewal of FCC licenses for television stations licensed to Delaware or Pennsylvania must be filed in LMS, the FCC’s online filing system. Schedule 396 the Broadcast EEO Program Report must accompany these applications. EEO Public File Reports – All licensed full-service radio and television broadcast stations,...… Continue Reading

Congratulations to the National Association of Broadcasters, the National Alliance of State Broadcasters Associations, and all state broadcast associations on a successful NAB State Leadership Conference this past week in Washington, D.C. Fletcher, Heald, & Hildreth is proud to have sponsored this year’s State Leadership Conference.… Continue Reading