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Updated 2024-04-18 17:49
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
Broadcasters Check your Online Public File Links!
Recently, many broadcasters have been discovering that their stations’ on-line public file hyperlinks are failing to connect. We have learned that this is likely due to recent modifications to the FCC’s internal servers. The hyperlinks currently direct viewers to a webpage that reads as follows: “We’re Sorry. We couldn’t find the page you were looking...… Continue Reading
November Open Meeting
On Thursday, November 18, 2021, the FCC will host its November Open Meeting. The headlining item this month addresses the ability to text 988, the National Suicide Prevention Lifeline 3-digit number. The FCC adopted an item that assigned 988 as the National Suicide Prevention Lifeline and required certain providers to support calling to that number...… Continue Reading
FCC Commits $1.1 Billion to Connectivity Fund Program
The Federal Communications Commission has continued to show its commitment to digital equity by committing $1.1 billion to schools and libraries in the second wave of the $7.17 billion Emergency Connectivity Fund (ECF) program. This funding supports off-premises educational needs in all 50 states, the District of Columbia, Puerto Rico, Guam, and the Virgin Islands....… Continue Reading
CEDC First Meeting
The FCC’s Advisory Committee on Diversity and Digital Empowerment (ACDDE) has been rechartered and rebranded as the Communications Equity and Diversity Council (CEDC). Fletcher Heald partner Frank Montero served on the ACDDE in the early 2000s when it was first established. The overall mission for the CEDC is to expand on the work done by...… Continue Reading
Biden Announces Nominations for Key Communications Positions
This month, President Biden has finally announced nominations for FCC Chair in Jessica Rosenworcel and for the open Democratic seat on the FCC in Gigi Sohn, respectively. The President also announced his nomination of Alan Davidson for Director of the National Telecommunications and Information Administration at the Department of Commerce. With the dual FCC nominations,...… Continue Reading
December 1st and Television License Renewal Deadlines
FCC License renewal applications and associated EEO Program Reports are due on or before Wednesday, December 1st for radio licensees located in Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont and television licensees in Colorado, Minnesota, Montana, North Dakota, and South Dakota. Radio and television stations must file renewals regardless of commercial or noncommercial...… Continue Reading
Broadcast Deadlines
Upcoming FCC Broadcast and Telecom Deadlines for December – February December 1, 2021 Biennial Ownership Reports – All licensees and entities holding an attributable interest in a licensee of one or more AM, FM, TV, Class A television, and/or Low Power TV (LPTV) stations must file a biennial ownership report reflecting information as of October...… Continue Reading
2021 Biennial Ownership Reports
It’s that time of (every other) year again – The FCC announced that the filing window has opened and Biennial Ownership reports are due Wednesday, December 1st 2021. Every odd-numbered year, the FCC collects information about the owners of commercial and noncommercial licensees of broadcast stations. The FCC collects this data to ensure that the...… Continue Reading
Filing Window for New NCE FM Station Construction Permits
On April 21, 2021, the FCC released a Public Notice announcing an upcoming filing window to submit applications for new noncommercial educational (NCE) FM station construction permits. The filing window will open at 12:01 am EDT on Tuesday, November 2, 2021, and close at 6:00 pm EST on Tuesday, November 9, 2021. (Applications filed in...… Continue Reading
Upcoming FCC Broadcast and Telecom Deadlines for June – August
Broadcast Deadlines: June 1, 2021 Radio License Renewal Applications Due – Applications for renewal of license for radio stations located in Arizona, Idaho, Nevada, New Mexico, Utah, and Wyoming must be filed in Licensing and Management System (LMS). These applications must be accompanied by Schedule 396, the Broadcast Equal Employment Opportunity Program Report (EEO), also...… Continue Reading
Broadband Infrastructure Grants: Partnering With Your Local Community
The U.S. Commerce Department’s National Telecommunications and Information Administration (“NTIA”) has announced the application requirements for the $288 million Broadband Infrastructure Program. This program will make awards in the range of $5 million to $30 million for fixed broadband infrastructure expansion critical to closing the rural/urban digital divide. While state and local governments will be...… Continue Reading
The Emergency Connectivity Fund: Getting Ready for the Application Window
The Universal Service Administrative Co. (“USAC”) will soon establish a deadline to file applications for funding from the $7.171 billion Emergency Connectivity Fund recently established by Congress and the FCC. These funds can be used to provide broadband Internet access services, Wi-Fi hotspots, and equipment to non-profit schools (elementary and secondary) and libraries to enable...… Continue Reading
Upcoming FCC Broadcast and Telecom Deadlines for May – July
Broadcast Deadlines: June 1, 2021 Radio License Renewal Applications Due – Applications for renewal of license for radio stations located in Arizona, Idaho, Nevada, New Mexico, Utah, and Wyoming must be filed in Licensing and Management System (LMS). These applications must be accompanied by Schedule 396, the Broadcast Equal Employment Opportunity Program Report (EEO), also...… Continue Reading
Dates Announced for Non-Commercial Educational Station Filing Window
Last week, the Federal Communications Commission (“FCC”) announced that the next Full Power Non-Commercial Educational Station (“NCE”) Filing Window would take place from November 2, 2021 to November 9, 2021. Those that wish to apply must file a Form 2100, Schedule 340 electronically through the FCC’s Licensing & Management System (“LMS”). The FCC is limiting each...… Continue Reading
Now Available: Writing Contracts for a Post-Covid World Webinar
On March 23, Fletcher Heald attorney Thomas Urban presented a webinar on how COVID-19 has affected contract litigation and how companies should be prepared for future public health emergencies. During the presentation, Tom broke down the differences in contract doctrines and provided viewers with specific case law that could be applicable in potential lawsuits. The...… Continue Reading
Selected New Developments in Broadband – Through March 30
Capitol Hill President Biden on March 11, 2021 signed a further Coronavirus emergency spending package into law – the American Rescue Plan (ARP) Act ($1.9 trillion). A very high-level summary of the major spending components of the legislation can be found here (courtesy of CTC Technology & Energy) – but the notable highlights include a...… Continue Reading
The Supreme Court Overturns Third Circuit on Media Ownership Rules
On Thursday, April 1, 2021 the Supreme Court unanimously voted to overturn the United States Court of Appeals for the Third Circuit in Philadelphia (“Third Circuit”) in the case of Federal Communications Commission (“FCC”) v. Prometheus Radio Project, No. 19-1231. The possibility of this result was something we had considered in a previous post, which...… Continue Reading
Upcoming FCC Broadcast and Telecom Deadlines for April – June
Broadcast Deadlines: April 1, 2021 Radio License Renewal Applications Due – Applications for renewal of license for radio stations located in Texas must be filed in Licensing and Management System (LMS). These applications must be accompanied by Schedule 396, the Broadcast Equal Employment Opportunity Program Report (EEO), also filed in LMS, regardless of the number...… Continue Reading
Kansas Corporation Commission Rules on Interconnection and Porting Obligations Applicable to VoIP Services
On March 23, 2021, the Kansas Corporation Commission (“KCC”) issued a long-awaited Order resolving jurisdictional and other issues surrounding interconnection and porting issues between Voice over Internet Protocol (“VoIP”) providers and rural local exchange carriers (“LECs”) in Kansas. VoIP providers and rural LECs in Kansas have had a long‑running and contentious battle regarding number porting...… Continue Reading
Final Reminder: Writing Contracts for a Post-COVID World on Tuesday, March 23
For over a year, COVID-19 has created immeasurable change to our way of life and the global economy. By now, you have probably already heard of or dealt with contractual disputes—from advertising to insurance and many other fields—related to non-performance caused by the pandemic. While many cases are still being litigated, it is important to...… Continue Reading
Thomas F. Urban II Elected Member of Fletcher, Heald & Hildreth
Washington, DC – The Members of telecommunications, media, and technology law firm Fletcher, Heald & Hildreth, PLC are proud to announce that they have elected Thomas F. Urban II as a Member of the Firm effective immediately. Joining the firm in January 2020, Mr. Urban had an impactful first year with his active litigation practice,...… Continue Reading
FCC Warns Inactive/Non-Responsive C-Band Earth Stations: File or Be Terminated
As readers of CommLawBlog know, the Federal Communications Commission (“FCC” or the “Commission”) has reallocated the lower portion of the C-Band used for satellite communications and auctioned that portion of the spectrum for wireless services. In connection with that auction, operators of C-Band Fixed Satellite Service (FSS) earth stations will have to modify their operations...… Continue Reading
Upcoming FCC Broadcast and Telecom Deadlines for March – May
Broadcast Deadlines: March 12, 2021 NPRM: Permit FM Booster Stations to Transmit Geo-Targeted Content – Reply Comments are due in response to the Federal Communications Commission (“FCC” or the “Commission”) Notice of Proposed Rulemaking with regard to possible changes to the booster station rules that could enable FM broadcasters to use FM booster stations to...… Continue Reading
New Webinar: Writing Contracts for a Post-COVID World
For over a year, COVID-19 has created immeasurable change to our way of life and the global economy. By now, you have probably already heard of or dealt with contractual disputes—from advertising to insurance and many other fields—related to non-performance caused by the pandemic. While many cases are still being litigated, it is important to...… Continue Reading
ATSC 3.0 Order Encourages the Deployment of Broadcast Internet Services
On December 10, 2020, the Federal Communications Commission (“FCC” or the “Commission”) released a Report and Order that is intended to encourage further deployment of the ATSC 3.0 Next Generation Television Standard (ATSC 3.0), and particularly to facilitate the expansion of new and innovative ancillary and supplementary “Broadcast Internet” services by noncommercial educational (NCE) stations....… Continue Reading
The Implications of COVID-19 on Contract Law
For nearly a year, the world has battled a pandemic defined as Coronavirus-19 or COVID-19. This virus has caused enormous damage worldwide in terms of human life, health, and economic devastation. This destruction has been acutely felt here in the United States, with the death of hundreds of thousands of Americans and the long-term illness...… Continue Reading
Offense Not Limited to the Field: The NFL’s Aggressive Push To Protect Its Trademarks
It’s that time of year again when the biggest event in professional football triggers all sorts of questions from broadcasters and advertisers about how that event may be mentioned in broadcast programming. You guessed it: I’m talking about the Super Bowl. Most people have undoubtedly heard the Super Bowl referred to as “the Big Game”...… Continue Reading
Upcoming FCC Broadcast and Telecom Deadlines for February – April
Broadcast Deadlines: February 1, 2021 Radio License Renewal Applications Due – Applications for renewal of license for radio stations located in Kansas, Nebraska, and Oklahoma must be filed in the Licensing and Management System (“LMS”). These applications must be accompanied by Schedule 396, the Broadcast Equal Employment Opportunity (“EEO”) Program Report, also filed in LMS,...… Continue Reading
Selected New Developments in Broadband – January
Capitol Hill Although President Trump criticized the final $900 billion COVID-relief legislative package (containing both COVID-relief and an omnibus spending bill that averted a government shutdown) for providing too little financial relief to Americans and too much wasteful spending, on December 27 he signed the package into law. Regarding the $7 billion broadband spending component...… Continue Reading
Davina Sashkin Elected Co-Managing Member of Fletcher, Heald & Hildreth
Washington, DC – Telecommunications, media, and technology law firm Fletcher, Heald & Hildreth, P.L.C. (FHH) is pleased to announce that Davina Sashkin has been elected to serve as as Co-Managing Member of the Firm effective January 1. 2021. Ms. Sashkin joins current Co-Managing Members Matthew H. McCormick and Dan A. Kirkpatrick in overseeing the Firm’s...… Continue Reading
Upcoming FCC Broadcast and Telecom Deadlines for January – March
Broadcast Deadlines: January 30, 2021 Children’s Television Programming Reports – Each commercial TV and Class A television station must electronically file its annual Children’s Television Programming Report, on FCC Form 2100 Schedule H, to report on programming aired by the station and other efforts in 2020 that were specifically designed to serve the educational and...… Continue Reading
FCC Takes Step Forward to Establishment of Rip and Replace Program
The Federal Communications Commission (“FCC” or the “Commission”) took a significant step forward this month in concretizing its program for extirpating equipment from the country’s communications networks that poses a threat to national security. The Commission’s Order in large part implements the objectives of the Secure and Trusted Networks Act of 2019 (the “Secure Networks...… Continue Reading
Enforcement Bureau Cracks Down on Properties Allowing Pirate Radio
Yesterday, the Federal Communications Commission’s (“FCC”) Enforcement Bureau released three Notices of Illegal Pirate Radio Broadcasting to multiple New York City-based property managers for housing an unlicensed radio broadcasting operation. In conjunction with the notices, the FCC issued an Order – without the typical notice and comment procedures – implementing the Preventing Illegal Radio Abuse Through Enforcement Act (“PIRATE...… Continue Reading
Now Available: NETA Webinar Series
Over the last few weeks, attorneys Bob Winteringham, Dan Kirkpatrick, and Frank Montero have presented a series of compliance webinars for the National Education Telecommunications Association as a part of their course entitled “Navigating Common Compliance Matter,” which covered important compliance topics for broadcast stations. Those webinar topics include: Corporation for Public Broadcasting compliance...… Continue Reading
Selected New Developments in Broadband – December
Capitol Hill What will happen in broadband under a Biden Administration is at the top of everyone’s agenda. While we expect a large infrastructure/stimulus package (to include broadband) in the first 100 days, precise details are yet to emerge. Turning to the lame duck session, emergency broadband funding as part of COVID relief and/or the...… Continue Reading
Upcoming FCC Broadcast and Telecom Deadlines for December – February
December 1, 2020 Radio License Renewal Applications Due – Applications for renewal of license for radio stations located in Colorado, Minnesota, Montana, North Dakota, and South Dakota must be filed in the Licensing and Management System (LMS). These applications must be accompanied by Schedule 396, the Broadcast Equal Employment Opportunity (EEO) Program Report, also filed...… Continue Reading
FCC Restructures Intelligent Transportation System Rules
On November 19, the FCC issued a Report and Order for which the Wi-Fi community can be justly grateful at their Thanksgiving celebrations. For some years the Federal Communications Commission (“FCC” or the “Commission”) has been concerned that the potential for Intelligent Transportation Systems (ITS) in the 5.85 – 5.925 band has never panned out. ...… Continue Reading
31st Annual FCBA Charity Auction Begins November 10
The following is a message from the Federal Communications Bar Association (“FCBA”): It’s that time again – on Tuesday, November 10, 2020, the FCBA Young Lawyers Committee and the FCBA Foundation will hold their 31st Annual FCBA Charity Auction virtually this year. While the event is still free and open to the public, unlike prior...… Continue Reading
Selected New Developments in Broadband – November
Capitol Hill On November 4, Senate Majority Leader Mitch McConnell indicated he is willing to resume negotiations on COVID-19 relief legislation before the end of the year (he had previously indicated no legislation is possible before the end of the year). Whether this would be standalone legislation or part of a necessary government funding package...… Continue Reading
Now in Effect: FCC Repeals Radio Duplication Prohibitions
Back in August, we wrote about the Federal Communications Commission’s (“FCC”) decision to end the prohibition of commonly owned radio stations in the same service (AM or FM) that have 50% or more overlap of their primary service contours from duplicating more than 25% of their programming. Now that the decision is published in the Federal Register, it...… Continue Reading
Now Available: The New FCC Radio License Filing Window – What You Need to Know
On October 29, Fletcher Heald attorneys Frank Montero and Keenan Adamchak in cooperation with the National Federation of Community Broadcasters (“NFCB”) presented a webinar on the upcoming noncommercial educational (“NCE”) FM and lower power FM (“LPFM”) filing windows. In this webinar, they explored the NCE and LPFM application forms, processes, and FCC tie-breaking criteria, as well as pointing out...… Continue Reading
FCC Authorizes All-Digital AM Service
Taking the next step in its ongoing efforts to revitalize the AM broadcast service, the Federal Communications Commission (“FCC”) has authorized AM radio stations to convert to all-digital broadcasting. Making such a switch is expected both to improve the quality of the signal received by listeners and to expand the area in which the audience...… Continue Reading
After 16 Years, FCC Lifts TV Filing Freeze
The Federal Communications Commission’s (“FCC”) Media Bureau announced via Public Notice the end of a filing freeze on certain full power and Class A TV station modifications that lasted more than 16 years and the leadership of seven FCC chairpersons. The freeze was part of the FCC’s effort to keep a stable technical database first...… Continue Reading
Broadcast Local Public Notice Rule Changes Go Into Effect October 30
The Federal Communications Commission’s (“FCC”) Local Public Notice Rule Changes have been published in the Federal Register and will go into effect tomorrow, October 30. These changes – which we detailed at length in a previous post – eliminate the obligation to publish a public notice of certain broadcast applications in newspapers, requiring instead that...… Continue Reading
Upcoming FCC Broadcast and Telecom Deadlines for November – January
Broadcast Deadlines: November 16, 2020 Amending the Schedule of FCC Application Fees – Comments are due in response to the Federal Communications Commission’s (“FCC” or the “Commission”) Notice of Proposed Rulemaking requesting comments on proposed changes to its application fee schedule, which the FCC considers to be significant and which include fee amounts, most of...… Continue Reading
Fletcher Heald Partner Frank Montero Named “Radio’s Point Man in DC” by Radio Ink
Fletcher Heald partner Frank Montero was featured on the cover of this month’s Radio Ink magazine. The cover story interview describes Frank’s decades of experience in broadcasting, how the industry is handling the COVID-19 crisis, potential changes to FCC leadership, and legal issues broadcasters could face in the future. For more details, check out Radio...… Continue Reading
FCC Proposes Ten Application Limit for New NCE Stations in 2021 Filing Window
In correspondence with members of Congress, Federal Communications Commission (“FCC”) Chairman Ajit Pai had signaled that an application filing window for new Noncommercial Educational (“NCE”) stations would be opening sometime fairly soon. In a Public Notice (“PN”) released October 19, the FCC confirmed that a filing window will be coming. The specific dates of the...… Continue Reading
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