CommLawBlog

Many noncommercial educational (NCE) stations – and their lawyers – were caught by surprise last week when the FCC issued a $115,000 civil penalty against an NCE licensee. The Cesar Chavez Foundation (CCF) was hit for running underwriting spots promoting for-profit entities. CCF agreed to the monetary penalty as part of an FCC approved consent...… Continue Reading

Do you know what FCC filing deadlines are in the coming months? We do. Time to mark up calendars so you’re not late on these important deadlines. Call FHH if you have trouble meeting this deadlines or need assistance. February 9 – Revising Requirements for “Twilight Towers” – Comments are due with regard to the Public...… Continue Reading

As we previously reported, the deregulatory changes the FCC recently adopted to its media ownership rules are due to take effect on Feb. 7. Prometheus Radio Project and Media Mobilizing Project, however, have filed an appeal of those rule changes in the U.S. Court of Appeals for the Third Circuit and, as expected, have now...… Continue Reading

Last Friday, the FCC published the December Notice of Proposed Rulemaking regarding the national ownership cap in the Federal Register. As we wrote about back in December, the NPRM addresses the current prohibition on any entity owning or controlling television stations that reach more than 39 percent of US television households. The NPRM requests comment...… Continue Reading

Telecommunications companies today got a rude awakening when Axios broke news that the Trump administration is considering a recommendation to centralize and build a 5G wireless network. According to multiple news outlets, members of the U.S. National Security Council (NSC) presented senior White House officials with recommendations to centralize the United States’ 5G network in...… Continue Reading

Could the FCC’s children’s programming requirements (colloquially known as “kidvid”) be on their way out? If Commissioner O’Rielly gets his way, it seems that they might be; Or at the very least they will be subject to some significant revision. In a blog post released on Friday, O’Rielly argued that the rules are outdated, impose...… Continue Reading

Three weeks into 2018, we’ll confess to still writing “2017” on the occasional check. Admit it: you probably have too (we can’t be the ONLY ones still writing checks every now and again). Webcasters complying with the statutory licenses found in Sections 112 and 114 of the Copyright Act – which permit them to webcast...… Continue Reading

While many outside the nation’s capital were engrossed in this weekend’s football games, those inside the beltway were engrossed in their own local sport: politics (especially because D.C.’s team – who shall remain nameless even as that name may be trademarked – hasn’t played for the Lombardi trophy in 26 years). Specifically, “Shutdown” was THE...… Continue Reading

Since Chairman Pai took over the leadership of the FCC, he has emphasized that one of his main goals has been to “close the digital divide and bring the benefits of the Internet age to all Americans.” So it comes as no surprise that the FCC has taken several measures recently to overhaul the Lifeline...… Continue Reading

CommLawBlog is happy to say that Fletcher Heald & Hildreth has, once again, served as lead legal advisor on more transactions than any other law firm, according to S&P Global’s Media and Entertainment and New Media category. This is the EIGHTH (yup! You read that right!) year in a row that we have received this...… Continue Reading

Fletcher, Heald & Hildreth and CommLawBlog are happy to welcome well-known broadcast attorney Mark Lipp to our broadcast and media practice. Mark joins FHH as a member effective as of Jan. 15. Mark is well-known for representing broadcast stations in a variety of FCC issues including enforcement, renewals, auctions, litigation, and transactions. He also advises...… Continue Reading

The window for Class A and B AM stations (and certain Class C and D AM stations) to apply for new cross-service FM translators will open at 12:01 a.m. Eastern Time on Thursday, Jan. 25, 2018, and close at 5:59 p.m. Eastern Time (not at 11:59 p.m.) on Jan. 31, 2018. This will be the...… Continue Reading

A Proposed Fine of $13.4M for Undisclosed Sponsored Content Serves as a Warning to Other Broadcast Stations As we closed the books on 2017, the FCC announced that it plans to fine Sinclair Broadcast Group Inc. a record $13.4M, for having not adequately disclosed sponsored content in its programming. The fine was calculated by the...… Continue Reading

On Dec.14, the FCC released a Public Notice unveiling a draft Program Comment that will supposedly resolve the longstanding issues surrounding collocating equipment on so-called “Twilight Towers.” Twilight Towers have been stuck in limbo as a result of an ambiguity in the Commission’s rules. Since 2001, the Commission has had rules in place that require...… Continue Reading

Join us on Thursday, Jan. 18, 2018 from 2 p.m. – 3:30 p.m. EST for a political broadcasting rules refresher webinar! Presented in collaboration with the Colorado Broadcasters Association and Fletcher, Heald & Hildreth, the webinar will be hosted by FHH’s all-star attorneys Frank Montero, Scott Johnson, and Dan Kirkpatrick. And, as an added bonus,...… Continue Reading

Last week the FCC unanimously adopted a new member to the Emergency Alert Systems (EAS) family: the “Blue Alert.” Transmitted through the broadcast EAS and Wireless Emergency Alert (WEA) systems, the Blue Alert is a voluntary alert code that can be used by state and local authorities to alert the public of credible “threats to...… Continue Reading

Chairman Pai and the FCC last week continued their campaign of revamping FCC rules, this time by adopting a Report and Order tackling the Commission’s Commercial Mobile Radio Services (CMRS). The Order deletes Sections 20.7 and 20.9 of the Commission’s rules and is intended to generally eliminate an “outdated and incomplete list of certain services”...… Continue Reading

Last week, the Federal Communications Commission took steps to review and update its Rural Health Care Program (RHCP) via a Notice of Proposed Rule Making and Order. The item seeks comment on how to improve RHCP, including extending a waiver to allow for the rollover of RHCP funds from Fiscal Year 2017 into mid-2018. The...… Continue Reading

All of us at Fletcher, Heald & Hildreth wish you peace this holiday season and a happy, healthy, and prosperous New Year!… Continue Reading

The fight over the Open Internet (better known as net neutrality) continued Thursday with the Federal Communications Commission voting to reverse the 2015 Title II Order, which reclassified broadband Internet access as a “telecommunications service.” This decision means that the Internet will return to its pre-2015 Title I “information service” classification (For a history of how...… Continue Reading

Our websites are global, our e-commerce offerings reach customers around the world, our Internet radio broadcasts elicit responses from listeners around the globe and our consultants often hail from London to New Delhi. Whether people pay us, whether we pay them, or whether we just correspond with people interested in our products, services and programs,...… Continue Reading

Effective Jan. 8, 2018, AM, FM, and television broadcast stations will no longer be required to maintain a main studio. The Commission voted back in October to eliminate the Main Studio Rule based on findings that the cost of maintaining a main studio outweighed the benefits. The Order was published in the Federal Register on...… Continue Reading

It’s never too early to get a jump start on upcoming deadlines as the New Year approaches. Below is a list of upcoming FCC deadlines to keep on your radar. Note our list is not comprehensive. Other proceedings may apply to you. Please do not hesitate to contact FHH if you have any questions. January 10, 2018...… Continue Reading

It was around this time last year that one of the most closely watched fights in music licensing history – if not copyright generally – went to the next level as the Radio Music License Committee (RMLC) sued Global Music Rights (GMR). The RMLC lawsuit alleges that Irving Azoff-founded newest Performing Rights Organization (PRO), was...… Continue Reading

When Ajit Pai took over as Chairman of the FCC, it was widely expected that he would take steps to relax existing restrictions on media ownership. The last month, in particular, has seen a flurry of activity on that front. As we reported, the Chairman released at the end of October the proposed text of...… Continue Reading

As we reported back in October, the Commission has proposed to end the requirement that all digital television, LPTV, and TV translator stations file annual ancillary/supplementary services reports. Plus, it instead requires only stations which actually offer such ancillary/supplementary services to file the forms and report on any revenues received. While this proposal has been...… Continue Reading

The FCC proposed a fine of $25,000 against a manufacturer of fluorescent lighting fixtures. Wait a minute. Lighting fixtures? Well, sure, the FCC regulates radio transmitters. And digital devices, which produce radio waves as a by-product that can interfere with communications. But lighting fixtures? Will the bathroom plumbing be next? In fact fluorescent fixtures are...… Continue Reading

If you’re a traditional landline user who grew up prank calling friends, you’re probably familiar with the dialing code *67, which blocked the outgoing Caller ID information from being transmitted to the call recipient. But you probably didn’t know that, under one of the FCC’s privacy rules, your decision to block your Caller ID transmission...… Continue Reading

New Opportunities for Next Gen Broadcasters and Simulcast “Host” Stations, but Controversies Remain. Yesterday, the FCC adopted a Report and Order authorizing television broadcasters to use the “Next Generation” broadcast television (Next Gen TV) transmission standard (also called “ATSC 3.0”) on a voluntary, market-driven basis. This Order may herald a revolutionary change in TV broadcasting, opening...… Continue Reading

The Federal Communications Commission has taken a very tiny step toward eliminating unnecessary obstacles to the installation of communications facilities on existing structures without triggering historic review obligations. For the last year, the FCC has been reviewing the various regulatory obstacles that are hindering, delaying, and making more expensive the process of establishing new cell...… Continue Reading

Acting with commendable promptness, the Media Bureau has relieved virtually all television stations from the requirement to file ancillary/supplementary service reports, at least for this year and likely for future years as well. These reports are traditionally due on Dec. 1 of every year. As we reported back in October, the reports are the ones...… Continue Reading

Changes to the equipment authorization rules the FCC adopted last July appeared in the Federal Register this morning and take effect today. Major changes include the option of putting required labeling on a device’s display screen, and combination of the former verification and Declaration of Conformity procedures into a new procedure called Supplier’s Declaration of...… Continue Reading

At CommLawBlog, we follow domain name issues closely. Unlike lightning, we find two recurring problems striking regularly. These problematic issues are: the failure to renew domain names and a continuing tendency to register valuable domain names in someone else’s name. While both may seem innocuous, they can cause major problems down the line. Let’s took...… Continue Reading

Note our list is not comprehensive. Other proceedings may apply to you. Please do not hesitate to contact FHH if you have any questions. November 13, 2017 – EAS National Test – Participants’ ETRS Form Three Due – All EAS participants must submit Form Three, which reports the results of the the national EAS test held on...… Continue Reading

At its October meeting, the FCC proposed to clear away further regulatory underbrush by eliminating, or drastically modifying, two rules. The first is the requirement that all TV stations engaged in digital broadcasting file annual reports concerning Ancillary/Supplementary services that might have been offered. Second is the requirement that licensees filing certain applications publish and/or...… Continue Reading

On Oct. 24, 2017, the Federal Communications Commission released a Report and Order in which the agency reduced the reporting requirements (found under Section 43.62 of the FCC’s rules) for providers of U.S.-international telecommunications services. Specifically, the FCC eliminated the annual international Traffic and Revenue Reports and streamlined the Circuit Capacity Report filing requirements. The...… Continue Reading

Florida Finds No Public Performance Right in Pre-1972 Sound Recordings If you have been following the ongoing saga regarding the attempts of pre-1972 (aka “oldies”) sound recording owners to collect royalties when those recordings are performed, you will know that some recent key court rulings have been issued near major holidays. For example, New...… Continue Reading

As expected, FCC Chairman Ajit Pai yesterday released his proposed Order modifying the FCC’s media ownership rules. Consistent with what he announced at an Oct. 25 House Energy and Commerce Committee FCC Oversight Hearing, the Order, if adopted, will allow nearly unrestricted television duopolies in almost every market, eliminate radio/TV cross-ownership restrictions, and abolish the Commission’s long-standing prohibition...… Continue Reading

Compliance has never been more important for public broadcasters. CPB regularly issues forfeitures to public broadcasting stations when the Office of Inspector General (“OIG”) finds non-compliance with the provisions of the Communications Act, the terms of the CSG General Provisions, or errant NFFS reporting. Compliance, though, is more than just checking boxes and filling out...… Continue Reading

On Oct. 24, 2017, the FCC issued a Report and Order eliminating the Commission’s rule requiring each AM, FM, and television broadcast station to maintain a main studio located in or near its community of license (i.e. the Main Studio Rule). In the same Order, the FCC eliminated existing requirements that are associated with the...… Continue Reading

The FCC is having second thoughts about the auctioned “middle layer” of the planned Citizens Broadband Radio Service at 3550-3700 MHz. You may remember how this is all supposed to work, with three categories of users. The “Incumbent Access” (IA) users, already in place in the band, will have interference protection from all the others....… Continue Reading

The FCC scored a legal victory in court this past week when the D.C. Circuit Court of Appeals upheld its requirement that EAS participants report to their State Emergency Communications Committee (SECC) their progress on developing multilingual EAS alerts (an SECC is a committee assigned to implement EAS in a specific state). EAS participants must...… Continue Reading

On Sept. 28, 2017, the Federal Communications Commission released a Notice of Proposed Rulemaking (NPRM) that seeks to permit the assignment of toll free numbers via alternative market-based approaches, including the auctioning of numbers. Furthermore, consistent with such a market-based approach, the Commission proposed the development of a secondary market allowing subscribers to reassign their...… Continue Reading

It’s that time again – time to get dressed to the nines for a night of bidding, imbibing, and banter all for a good cause. Pull up your calendars and mark Thursday, Nov. 2, 2017 for the 28th Annual FCBA Charity Auction hosted by the FCBA Young Lawyers Committee. This event is the place to...… Continue Reading

This is a reminder to not snooze on next week’s CPB compliance webinar! On Wednesday, Oct. 25 at 2:00 p.m. EDT. Fletcher, Heald, & Hildreth’s CPB Compliance guru Bob Winteringham will present a FREE one-hour webinar to help you navigate the twists and turns of CPB compliance. You can register for the webinar, for free, via this...… Continue Reading