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Updated 2024-03-29 14:34
Upcoming Deadlines
With the new year around the corner, it is that time of year when we start to fill out upcoming deadlines in our new calendars! Below find a list of the approaching broadcast deadlines to keep an eye on. January 10, 2023 Issues/Programs Lists – For all commercial and noncommercial radio, television, and Class A television...… Continue Reading
EAS Test Reporting System Filing Deadline
The FCC advised December 15 that parties subject to the Emergency Alert System (EAS) rules (radio and television stations, wired and wireless cable television systems, digital broadcast systems, digital television broadcast stations, Satellite Digital Audio Radio Service, digital cable and digital audio broadcasting systems, and wireline video systems) must submit their annual Form One filings...… Continue Reading
Federal Election Commission Adopts New Online Political Ad Disclaimer Proposal
On December 1, 2022, the Federal Election Commission (“FEC”) adopted a proposal to extend its disclaimer rules to certain types of digital advertising appearing on digital platforms in addition to websites. Before these new FEC rules become effective, they must be transmitted to the heads of both the House of Representatives and the Senate for...… Continue Reading
Next Phase-in of Audio Description Rules Begins January 1, 2023
The Federal Communications Commission released a reminder that as of January 1, 2023, the audio description rules adopted in the Commission’s 2020 Audio Description Order will go into effect in the following designated market areas (“DMAs”): Madison Waco-Temple-Bryan Harlingen-Welasco-Brownsville-McAllen Paducah-Cape Girardeau-Harrisburg Colorado Springs-Pueblo Shreveport Syracuse Champaign and Springfield-Decatur Savannah Cedar Rapids-Waterloo-Iowa City and Dubuque The...… Continue Reading
FHH Files Mandamus in Depp v. Heard Case
On August 8, 2022, Fletcher, Heald & Hildreth filed a petition with the Court of Appeals of Virginia for a writ of mandamus directed to the Circuit Court of Fairfax County, Virginia to compel Judge Penney S. Azcarate to release copies of transcripts relating to the Depp v. Heard case or to compel the Fairfax...… Continue Reading
If You Offer Internet Service, Your Speech is Now Highly Regulated by the FCC
In an order released on November 17, 2022, the FCC dictates in detail the specific words that an Internet service provider must use when communicating with its customers. The FCC has adopted new rules requiring specific information (referred to as the broadband consumer label) to be displayed at the point of sale when offering mass-market...… Continue Reading
FCC Seeks to Fill Challenging Gap in STIR/SHAKEN Robocall Defenses
The FCC Launches Formal Review of How to Bring Non-IP Phone Networks into Caller ID Authentication Ecosystem to Protect Consumers On October 27, 2022, the FCC released a Notice of Inquiry which launches a formal review to consider ways to improve the accuracy of robocall blocking and consumer warning tools for phone networks that are...… Continue Reading
More Emergency Alert System Proposed Changes and Reporting Requirements
To accompany its recently adopted modifications to the requirements for the Emergency Alert System (“EAS”), the Federal Communications Commission (“FCC”) has issued a Notice of Proposed Rulemaking (“NPRM”) to address the FCC’s ongoing concerns about operational readiness and the security of the EAS system from being acted or otherwise misused by bad actors. Comments on...… Continue Reading
Emergency Alert System Required Changes
The Federal Communications Commission (“FCC”) recently adopted modifications to the requirements for the Emergency Alert System (“EAS”), and the new rules will go into effect on December 12, 2022. Fortunately, however, EAS participants, which include most radio and television stations, have one year, until December 12, 2023, in which to make the necessary changes to...… Continue Reading
FCC Publishes Draft of National Broadband Map: Challenge Process Officially Begins
On November 18th, the FCC published a draft of the long-awaited updated National Broadband Map. This version of the map shows the availability of fixed and mobile broadband as reported by internet service providers (“ISPs”) as of June 30, 2022. This map endeavors to improve upon the FCC’s broadband data collection via Form 477, which...… Continue Reading
FCC Fines Gray Television for Violation of Ownership Rules
This week, the FCC issued a Forfeiture Order imposing a penalty of over $500,000 against Gray Television, Inc. for violating the FCC’s rule prohibiting ownership of two top-four television stations in the same Nielsen Designated Market Area (DMA). Gray acquired the CBS network affiliation for KTVA(TV), Anchorage, Alaska, and the FCC found that this action...… Continue Reading
Upcoming FCC Deadlines
December 1, 2022 Television License Renewal Applications Due – Applications for renewal of license for television stations located in Connecticut, Maine, Massachusetts, New Hampshire, Vermont, and Rhode Island must be filed in LMS. These applications must be accompanied by Schedule 396, the Broadcast EEO Program Report, also filed in LMS, regardless of the number of...… Continue Reading
Election Season Refresher: Political Ad Compliance
With midterm elections fast approaching, candidates for public office and advocates for a variety of political issues are looking to radio and television broadcasters to get their message out. However, broadcasters need to keep in mind that airing these ads comes with upload requirements to a station’s political file, which is located within its online...… Continue Reading
FCC Comes Back for Blood in the War Over Foreign Sponsorship Identification
In the latest salvo of the back and forth fight over requiring broadcasters to verify foreign governmental sponsorship of programming, on October 6, 2022, the Federal Communications Commission (“FCC” or “Commission”) released a Second Notice of Proposed Rulemaking (“Second NPRM”). The Second NPRM comes as a response to this summer’s unanimous D.C. Circuit opinion vacating...… Continue Reading
FCC Fines Stations for Failing to Timely File License to Cover Applications
This week, the Commission imposed a $13,000 fine on Radiant Light Broadcasting (RLB), the licensee of two low-power television (LPTV) stations for failing to timely file license to cover applications, and thus operating without licenses for four years. The stations, KRLB-LD and KWWO-LD, were granted construction permits for digital displacement channels and special temporary authority...… Continue Reading
FCC Fines Stations $3.4 Million for Violations of Children’s Television Programming Rules
Last week, the FCC issued a ruling finding that 21 broadcast licensees, including Nexstar Media Group and Sinclair Broadcast Group, had violated the Commission’s rules regarding commercial programming on children’s television. The Commission assessed penalties against these licensees totaling nearly $3.4 million. Particularly notable was the Commission’s ruling that licensees are responsible even for commercials...… Continue Reading
Deadline to Pay 2022 Regulatory Fees Extended for All until September 30
Today, the FCC released a Public Notice extending the deadline for all regulatory fee payors to submit payment for their annual regulatory fees from September 28 to September 30 at 11:59 PM Eastern Daylight Time. Accordingly, payors have an additional two days to pay their fees without incurring a 25% penalty. Such a penalty will...… Continue Reading
FCC IMPOSES $38,000 FINE FOR PREMATURE CONSTRUCTION OF ANTENNA TOWERS
Recently, the Federal Communication Commission (“FCC”) issued a Consent Decree detailing the $38,000 settlement reached with a telecommunications company relating to its failure to complete required environmental and historic preservation reviews before beginning construction on new wireless telecommunications towers and prior to following the prescribed procedures under the FCC’s antenna structure registration (“ASR”) Rules. Under...… Continue Reading
2022 Upcoming FCC Deadlines
2022 Upcoming Broadcast Deadlines September Annual Regulatory Fees – On a date not yet determined, but certainly before September 30, 2022, annual regulatory fees will be due. These will be due and payable for Fiscal Year 2022 and will be based upon a licensee’s/permittee’s holdings on October 1, 2021, plus anything that might...… Continue Reading
Court Strikes Down a Portion of the FCC’s Foreign Sponsorship Identification Rules for Broadcasters
Earlier this year, new FCC rules went into effect requiring radio and television stations to broadcast Sponsorship ID disclosures for programming provided by foreign governmental entities. Yesterday, the federal Court of Appeals for the D.C. Circuit struck down one part of those requirements: the requirement for broadcasters to independently confirm the sponsor’s status by consulting...… Continue Reading
What’s Next for Next Gen TV? FCC Seeks Comments on The Status of Next Gen TV and Sunset of Two Rules.
The FCC has just released a Third Further Notice of Proposed Rulemaking (FNPRM) https://docs.fcc.gov/public/attachments/FCC-22-47A1.pdf seeking comments on the state of the Next Generation Television (“Next Gen TV” or “ATSC 3.0”) transition, and on the scheduled sunset of two rules adopted in 2017. Generally, the FNPRM seeks comments on the progress of broadcasters’ voluntary deployment of...… Continue Reading
FCC Sets Comment Period for Franken FM NPRM
The FCC has set the comment period in the FM6 (a/k/a Franken FM) proceeding. Comments with respect to the FCC’s May 18th Notice of Proposed Rulemaking (NPRM) will be due on July 18th, 2022. Reply comments will be due on August 1, 2022. Those who wish to comment should refer to the filing instructions provided...… Continue Reading
Repacked Stations: Final Deadline for Submitting Invoices for Reimbursement
The Incentive Auction Task Force and Media Bureau (Bureau) has released a public notice reminding all low power TV and TV translator (LPTV/translator) stations, multichannel video programming distributors (MVPDs), and FM stations that they must submit all remaining invoices in the TV Broadcaster Relocation Fund no later than September 6, 2022. All licensees are encouraged...… Continue Reading
FCC Considering Future of FM6 Stations
When the Federal Communications Commission meets on June 8, it is slated to issue a Notice of Proposed Rulemaking regarding FM6 stations, commonly referred to as “Franken FMs.” The FCC has released a draft of the Notice of Proposed Rulemaking that is expected to be adopted at its June 8th meeting. This will be the...… Continue Reading
FCC Announces Legacy CORES to be Decommissioned July 15, 2022
On Friday, May 27th, the FCC issued a Public Notice announcing that the Legacy Commission Registration System (Legacy CORES) – currently used to obtain and update FRNs for individuals, licensees and other entities doing business with the FCC – would be decommissioned on Friday, July 15th, 2022 at 6pm. After that time, the current Commission...… Continue Reading
Depp v. Heard – a Brief Legal Overview
Social media has been exploding with news about the defamation trial between Johnny Depp and Amber Heard in Fairfax County, Virginia. Fletcher, Heald attorneys have considerable experience with this court and this type of claim. As such, we thought our Commlawblog readers might be interested in a breakdown of what is really going on here...… Continue Reading
FCC to Update Rules to Allow Digital Generation and Verification of Antenna Directional Patterns
The FCC has released a draft Report and Order to amend its broadcast radio rules to allow the use of computer models to verify antenna directional patterns. Barring unexpected developments, the Report and Order will be adopted during the Commission’s May 19th open meeting This proposed rule changes are great news for applicants – under...… Continue Reading
Media Bureau Announces Transition of Additional Filings to Licensing and Management System (LMS)
The FCC announced this week that various additional applications must soon be submitted through the LMS online electronic system. Specifically, commencing May 17, 2022, the following filings are required to be submitted through LMS: FM Engineering Special Temporary Authority (STAs) Request for Silent STA Extension of Silent and Engineering STA Suspension of Operations Notification Resumption...… Continue Reading
Upcoming FCC Broadcast Deadlines for May – July
June 1, 2022 Television License Renewal Applications Due – Applications for renewal of license for television stations located in Arizona, Idaho, Nevada, New Mexico, Utah, and Wyoming must be filed in LMS. These applications must be accompanied by Schedule 396, the Broadcast EEO Program Report, also filed in LMS, regardless of the number of full-time...… Continue Reading
FCC Open Meeting on April 21st
On April 21, 2022, the FCC will be hosting its monthly open meeting. The docket includes improving receiver performance, wireless emergency alerts, and two restricted adjudicatory matters. The FCC will consider a Notice of Inquiry to promote more efficient use of spectrum through improved receiver interference immunity performance, thereby facilitating the introduction of new and innovative services....… Continue Reading
Update to FCC’s Covered List: The Commission Identifies Three New Companies as National Security Risks
Last Friday, the FCC expanded its list of companies it believes pose a risk to U.S. national security. The new additions include equipment and services from three companies: Russia’s AO Kaspersky Lab, China Telecom (Americas), and China Mobile International USA Inc. Since March of 2021, the Public Safety and Homeland Security Bureau has maintained a...… Continue Reading
FHH Attorneys on the Faculty of the NAB Leadership Foundation’s Broadcast Leadership Training Program
On March 25th our very own Frank Montero and Seth Williams presented on the subject of broadcast station acquisitions to the most recent class of industry leaders. This training was part of the NAB Leadership Foundation’s Broadcast Leadership Training Program (BLT). FHH is a proud sponsor and provides several faculty members to the BLT program....… Continue Reading
New FCC Foreign Sponsorship Identification Rules for Broadcasters Effective Today
FCC rules requiring radio and television stations to broadcast disclosures for programming provided by foreign governmental entities go into effect today over the objection of some broadcast groups. Broadcasters are required not only to fully comply moving forward, but must also ensure that their existing airtime lease agreements come into compliance as soon as reasonably...… Continue Reading
FCC License Renewal Applications due on April 1st for Radio Stations in Delaware and Pennsylvania, and TV Stations in Texas
FCC License renewal applications and associated EEO Program Reports are due on or before Friday, April 1st for radio licensees located in Delaware and Pennsylvania and television licensees in Texas. Radio and television stations must file renewals regardless of commercial or noncommercial status in the FCC’s licensing Management System (LMS). Both television and radio licensees...… Continue Reading
Political Broadcasting Webinar Now Available On Line
On February 24, 2022, Fletcher, Heald & Hildreth attorneys Frank Montero and Sara Hinkle teamed up with Bobby Baker, Gary Schonmen, and Sima Nilsson of the FCC’s Political Programming Staff to present a webinar on the FCC’s political broadcasting rules. The webinar, presented in collaboration with over twenty state broadcast associations, addressed a number of...… Continue Reading
FCC Eliminates Outdated Radio Technical Rules
On Wednesday, February 16, the FCC adopted a Report & Order to eliminate and amend “outdated or unnecessary” broadcast radio technical rules. As you will see, some of the rule changes do not create new policy or requirements. Rather, the primary purpose of this proceeding is to ensure that all of its rules are consistently with...… Continue Reading
FCC Announces Effective Date of New Political Programming Rules
Recently we posted a blog alerting that the FCC was updating aspects of its political programming and recordkeeping rules. That FCC Order revised the definition of “legally qualified candidate for public office”, and also amended the political file rules. The revised rules are effective 30 days after publication of a summary of the order in...… Continue Reading
FCC Announces Procedures and Deadlines for Upcoming Auction of Full Power TV Construction Permits
The FCC announced this week that Auction 112, an auction of 27 construction permits for full power TV stations, is set to begin on June 7, 2022. The auction procedures were set forth in a Public Notice, and participation will require certification that “the applicant has read the public notice adopting procedures for the auction...… Continue Reading
FCC Set to Decide Fate of Idaho License
The Federal Communications Commission is cracking down on stations that are off the air for a majority of its license term. In June of 2021, Snake River Radio, LLC, applied to renew the license of KPCQ (AM) in Chubbuck, Idaho. However, the FCC’s review of the application and station records found that the station had...… Continue Reading
Sohn FCC Confirmation Hearing Rescheduled
On February 2, 2022, FCC nominee Gigi Sohn was to attend a nomination hearing, but after Democratic Senator Ben Ray Lujan of New Mexico suffered a stroke, the Senate Commerce Committee rescheduled Sohn’s hearing. The rescheduled nomination hearing will be on February 9, 2022, and will likely address concerns over Sohn’s former position on the...… Continue Reading
FCC REVISES POLITICAL PROGRAMMING AND ADVERTISING RULES
Today, the FCC released a Report and Order (Order), updating the political programming and recordkeeping rules for broadcast licensees, cable television system operators, Direct Broadcast Satellite (DBS) service providers, and Satellite Digital Audio Radio Service (SDARS) licensees. The Order revises the definition of “legally qualified candidate for public office” to add the use of social...… Continue Reading
Virginia’s New Consumer Data Protection Act
On March 2, 2020, Virginia Governor Ralph Northam signed the Virginia Consumer Data Protection Act (“VCDPA”) into law, making Virginia only the second state to enact such comprehensive data protection legislation (after California). The law itself becomes effective on January 1, 2023 and will be codified at Virginia Code §59.1-571. The VCDPA applies to all...… Continue Reading
FCC Adopts Affordable Connectivity Program
On Friday, January 14, 2022, the FCC voted to adopt a Report and Order and Further Notice of Proposed Rulemaking that provides detailed guidance for a long-term internet discount program: the Affordable Connectivity Program. The new rules take effect upon publication in the Federal Register, or after the appropriate publication period has passed – either...… Continue Reading
FCC License Renewal Applications due on February 1st for Radio Stations in New York and New Jersey, and TV stations in Kansas, Nebraska, and Oklahoma
FCC License renewal applications and associated EEO Program Reports are due on or before Tuesday, February 1st for radio licensees located in New Jersey and New York and television licensees in Kansas, Nebraska, and Oklahoma. Radio and television stations must file renewals regardless of commercial or noncommercial status in the FCC’s licensing Management System (LMS). Both television and radio...… Continue Reading
FCC Ends the CDBS Filing Era with switch to LMS
Effective at 5 p.m. EST today, Wednesday, January 12, the FCC’s Media Bureau will no longer accept filings in the Consolidated Database System (CDBS). This move by the Media Bureau is part of the ongoing transition to the Licensing and Management System (LMS) database. The Media Bureau’s sunsetting of CDBS filings will be permanent. The...… Continue Reading
Attention Webcasters: January 31 Deadline for Filing Minimum Fee for Webcasting is Rapidly Approaching
The January 31, 2022 deadline for filing your annual minimum fee and related statement of account with SoundExchange under the webcasting statutory licenses under 17 U.S.C. § 112 and 114 allowing radio broadcasters and others to stream sound recordings (the “statutory licenses”) is just around the corner. The easiest way to pay this fee is to...… Continue Reading
Political Broadcast Rules on the Agenda for FCC’s January Open Meeting
On January 27, 2022, the FCC will hold its monthly open meeting. The meeting will address increasing the transparency of internet access service providers, amending the definition of a library to clarify that Tribal libraries are eligible for support from the E-Rate program, and resolving issues associated with white space devices and databases. The most...… Continue Reading
Beasley Media Looking at $20k Fine for Airing Radio Show with EAS Tones
The Federal Communications Commission (“FCC” or the “Commission”) has issued a Notice of Apparent Liability proposing to fine Beasley Media Group Licenses, LLC $20,000.00 after KDWN(AM) in Las Vegas, Nevada apparently transmitted Emergency Alert System (“EAS”) Tones during one of its radio shows – without there being an actual emergency, EAS test, or PSA. Broadcasters...… Continue Reading
Senate Confirms Rosenworcel as First Woman to Head the FCC
On Tuesday December 12, the Senate voted 68 to 31 confirming Jessica Rosenworcel for a third five-year term. The vote came just weeks before her term ended and officially confirmed Rosenworcel as the first female chair of the FCC in the 86-year history of the agency. Although the confirmation of Rosenworcel blocked the GOP from...… Continue Reading
Now your renewal is filed….don’t forget your post-filing announcements.
Last Friday, the Federal Communications Commission released a Public Notice listing radio and television licensees from whom the FCC has accepted applications for license renewal filed on or before the December 1 deadline. Radio licensees located in Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont and television licensees in Colorado, Minnesota, Montana, North Dakota,...… Continue Reading
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