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Updated 2024-03-29 09:18
New LPFM Rules Adopted as Anticipated
On April 16, 2020, we wrote about new rules governing applications for and the operation of Low Power FM (“LPFM”) radio stations that were scheduled for adoption by the Federal Communications Commission (“FCC”) at its monthly meeting on April 23. The new rules were indeed adopted, although by written vote of the Commissioners the day...… Continue Reading
Upcoming FCC Broadcast and Telecom Deadlines for May – July
Broadcast Deadlines: May 4, 2020 FM Boosters and Hyper-local Broadcasting – Comments are due with regard to a petition for rulemaking by GeoBroadcast Solutions LLC asking the Federal Communications Commission (“FCC” or the “Commission”) to permit radio broadcasters to use single frequency network (SFN) technology to provide hyper-local programming, emergency alerting, and advertising. TV White...… Continue Reading
FCC Examining Applications for COVID-19 Telehealth and Connected Care Programs
Over the last month, the Federal Communications Commission (“FCC” or the “Commission”) has taken a flurry of COVID-19 pandemic-related actions aimed at increasing access to telehealth and making it easier for carriers to voluntarily assist K‑12 schools, libraries, and health care providers as they respond to COVID-19. Most dramatically, the Commission voted on April 2,...… Continue Reading
Free Press vs. Broadcast Journalism: Truth in the Time of the Coronavirus
The Federal Communications Commission’s (“FCC” or the “Commission”) recent rejection (FCC statement here) of a petition submitted by Free Press to demand FCC action with regard to broadcasters’ coverage of governmental statements about the COVID-19 epidemic has received a great deal of coverage. What may have escaped attention, however, is that, aside from some sharp...… Continue Reading
“Sweeps” Are Under the Rug: FCC Seeks Comment on New Metrics to Establish Significant Viewership
The Federal Communications Commission (“FCC”) has invited comments on it’s Notice of Proposed Rulemaking (“NPRM”) on whether it should update its rules that determine whether a television broadcast station is “significantly viewed” in communities outside of its Designated Market area (“DMA”) for purposes of carriage on Multichannel Video Program Distribution (“MVPD”) systems, both cable and...… Continue Reading
Low Power FM Rule Changes Slated for April 23 FCC Vote
The Federal Communications Commission (“FCC”) has released a draft of a Report and Order scheduled for a vote on April 23, looking toward making several changes in the rules governing Low Power FM (“LPFM”) radio stations. We wrote an article last year when the rules were proposed. Not all the requests for rule changes will...… Continue Reading
Corrected Comment Deadlines for Regulation of RF Emissions in Higher Frequency Bands
On January 9, 2020, we blogged about a Federal Communications Commission (“FCC”) decision resolving many of the issues that it had been considering with respect to limits on exposure of human beings to radiofrequency (“RF”) energy. The FCC also invited comments as to whether it should extend its regulation of RF emissions from the present range of...… Continue Reading
Effective Date of Truth-in-Billing Statute Deferred
Last year, a new law, the Television Viewer Protection Act of 2019 (“TVPA”), was enacted, requiring Multichannel Video Programming Distributors (“MVPDs”) and providers of fixed broadband services to disclose all charges that a consumer will have to pay before he or she signs up for service. The statute requires compliance by June 20, 2020, but...… Continue Reading
FCC Continues Fines for Improper Use of EAS Signals
The Federal Communications Commission (“FCC” or the “Commission”) remains consistent in its enforcement of fines for the improper use of Emergency Alert System (“EAS”) tones. On April 7, 2020, the Commission released a Notice of Apparent Liability for Forfeiture (the “Notice”) proposing to levy a $20,000 fine against Entercom License, LLC (Entercom) station WNEW-FM for...… Continue Reading
Is Hyper-Local FM Radio Coming?
A company called GeoBroadcast Solutions, LLC, has filed a petition for rulemaking with the Federal Communications Commission (“FCC”), to allow FM radio stations to operate on-channel boosters that do not entirely duplicate the content of the main station. The idea is to allow each booster to insert local content intended for just the portion of...… Continue Reading
TV Stations Granted Limited Waiver to Pre-Empt Children’s Programming to Air Local Events in Support of Social Distancing
The Federal Communications Commission’s (“FCC”) Media Bureau announced today that from now until April 30, 2020, full power and Class A TV stations may pre-empt children’s television programming to broadcast live or same-day, recorded community events to enable the public to view those events without attending in person, in furtherance of the “social distancing” advocated...… Continue Reading
FCC Waives Sponsorship Identification for Sponsored COVID-19 PSA’s
The Federal Communications Commission (“FCC”) has announced a waiver of broadcast sponsorship identification requirements concerning air time donated by commercial advertisers for public service announcements (“PSAs”) provided by the Centers for Disease Control and Prevention (“CDC”) and other government agencies addressing the COVID-19 emergency. Sections 317(a) of the Communications Act and 73.1212(a) of FCC’s Rules...… Continue Reading
You May Get Some More Robocalls, Thanks to COVID-19 – But Maybe Not So Much
On March 25, 2020, we blogged that the Federal Communications Commission (“FCC”) had issued a Declaratory Ruling under the Consumer Protection Act (“TCPA”), that the coronavirus pandemic constitutes an “emergency” which invokes a statutory exception permitting certain kinds of robocalls to be made and texts sent without the consent of the recipient. Since that date,...… Continue Reading
STIR/SHAKEN – Dial Another Day
With the new James Bond film delayed until the end of the year, the FCC has something to tide everyone over: STIR/SHAKEN – the SIP-based caller ID authentication process. Last year, Congress passed the Traced Act, which required the Federal Communications Commission (“FCC”) to require caller ID authentication within 18 months of the Traced Act’s...… Continue Reading
Dates Announced for Comments on Regulation of RF Emissions in Higher Frequency Bands
On January 9, 2020, we blogged about a Federal Communications Commission (“FCC”) decision resolving many of the issues that it had been considering with respect to limits on exposure of human beings to radiofrequency (“RF”) energy. The FCC also invited comments as to whether it should extend its regulation of RF emissions from the present...… Continue Reading
Update: Comment Deadlines Available for Proposal to Drop Cable TV Public File Reports of Interest in Video Programming Services
On March 16, 2020, we wrote that the Federal Communications Commission (“FCC”) has proposed to eliminate the rule that requires cable television systems to post in their online public inspection file (“OPIF”) information about the nature and extent of their attributable interests in video program services and which of those services they own are carried on...… Continue Reading
DTS: More or Less, What’s Your Guess?
The Federal Communications Commission (“FCC”) has issued a Notice of Proposed Rulemaking looking toward relaxing restrictions on Distributed Antenna Systems (“DTS”) for full-power television stations and making DTS newly available to Class A and Lower Power Television (“LPTV”) stations. With DTS, a TV station installs multiple transmitters at separate sites. Each transmitter operates on the...… Continue Reading
Auction 105 for the 3.5 GHz Band Delayed
In a Public Notice released last week, the Federal Communications Commission (“FCC”) announced a delay in Auction 105 for the 3.5 GHz band due to COVID-19. Short-form applications will now be due on May 7, 2020 and the auction for priority licenses will take place on July 23, 2020. Here is the complete list of...… Continue Reading
FCC Extends Some April Broadcast Deadlines in Light of COVID-19
In a Public Notice released today, the Federal Communications Commission (“FCC”) announced extensions to certain April deadlines for broadcasters: Children’s Television Annual Report As discussed in our previous CommLawBlog post on the subject, the first annual Children’s Television Report (covering the period from September 16, 2019-December 31, 2019) was already extended to a March 30...… Continue Reading
FCC to Stations: Giving Away Spots Doesn’t Necessarily Have to Cost You When Candidates Come to Buy Time
One of the outcomes of the COVID-19 crisis – according to reports from many radio and televisions stations – has been a precipitous drop in spot sales and customers cancelling existing advertising contracts, leaving lots of airtime to fill. To fill that time, and to help other struggling businesses, some broadcasters have responded by offering...… Continue Reading
You May Get Some More Robocalls, Thanks to COVID-19
I hate them, you hate them, we all hate robocalls with a passion (commonly used four-letter descriptions omitted here). But the Federal Communication Commission (“FCC”) had good reason last week to issue a Declaratory Ruling that under the Telephone Consumer Protection Act (“TCPA”), the coronavirus pandemic constitutes an “emergency” which invokes a statutory exception permitting...… Continue Reading
FM Auction 106 Postponed Indefinitely
As we have seen over the past two weeks, COVID-19 has taken up the Federal Communications Commission’s (“FCC”) time and attention, with other duties and proceedings getting pushed back. That list of impacted proceedings will now include FM Auction 106, which has been postponed indefinitely via a Public Notice released today. Applicants who submitted upfront...… Continue Reading
Upcoming FCC Broadcast and Telecom Deadlines for April – June
Broadcast Deadlines: April 1, 2020 Radio and Television License Renewal Pre-Filing Announcements – Radio stations licensed in Michigan and Ohio, as well as TV stations licensed in Maryland, District of Columbia, Virginia, West Virginia, must begin broadcasts of their pre-filing announcements concerning their applications for a license renewal. These announcements must be continued on April...… Continue Reading
Reminder: Children’s TV Report Filing Due March 30
We remind all full power and Class A television stations that the first annual Children’s Television Report, replacing previous quarterly reports, must be filed by March 30, 2020. The due date is March 30, not April 10, which is when a quarterly report would have been due under the old schedule. This first report must...… Continue Reading
Reminder: Children’s TV Report Filing Due March 30
We remind all full power and Class A television stations that the first annual Children’s Television Report, replacing previous quarterly reports, must be filed by March 30, 2020. The due date is March 30, not April 10, which is when a quarterly report would have been due under the old schedule. This first report must...… Continue Reading
Coronavirus News to Share? FCC Won’t Ensnare
The Federal Communications Commission (“FCC”) has issued a Public Notice assuring radio and TV stations that they may share news content and news-gathering resources on an emergency or ad hoc basis during the coronavirus crisis without reducing their arrangements to writing or putting them in their online public inspection file (“OPIF”) as “shared service” agreements...… Continue Reading
FCC Takes Initial Steps to Expand Broadband Capabilities to Combat COVID-19
In response to the Coronavirus Pandemic, the Federal Communications Commission (“FCC”) has secured pledges from a growing list of major and minor broadband players to loosen billing rules and provide free access to existing public Wi-Fi hotspots. Some carriers are also waiving data caps. With increased reliance on telework as offices send workers home, online...… Continue Reading
Homeland Security Issues Access Letter to Broadcasters and Telecoms
Earlier this week, the Cyber and Infrastructure Security Agency, an agency within the Department of Homeland Security (DHS), issued multiple letters that will provide the bearer access to: restricted areas and times (such as during curfews) if necessary to access communications equipment to ensure continued service; and priority access to fuel for generators and debris...… Continue Reading
A Statement on COVID-19 from Fletcher, Heald & Hildreth, PLC
As COVID-19 continues to challenge our nation, we at Fletcher, Heald & Hildreth PLC are taking action to ensure the health and safety of our team and their loved ones. Starting tomorrow, March 18, 2020, all staff will transition to telework. FHH attorneys and staff are reachable via email and their office telephone numbers and...… Continue Reading
FCC Invites Comment on Extending Deadline for Total Price Disclosure for MVPD Services
The Federal Communications Commission (“FCC”) has invited comments as to whether it should grant a six-month extension of time for Multichannel Video Program Distributors (“MVPDs”) to comply with the “Right to Transparency” provisions of the Television Viewer Protection Act of 2019 (“TVPA”). This proceeding will be a quick one, with Comments due April 6, and...… Continue Reading
FCC Proposes to Drop Cable TV Public File Reports of Interest in Video Programming Services
The Federal Communications Commission (“FCC”) has proposed to eliminate the rule that requires cable television systems to post in their public file information about the nature and extent of their attributable interests in video program services and which of those services they own are carried on their system. Cable operators have acquired ownership interests in...… Continue Reading
TV Must-Carry/Retransmission Consent Elections Must Be Made This Year: Election Notification System Will Now Be All Electronic
In Report and Orders released in July of 2019 and February of 2020, the Federal Communications Commission (“FCC”) has converted the system for television broadcast stations to notify multichannel video program distributors (“MVPDs”), of their election of must-carry or retransmission status from paper sent by certified mail to electronic notices posted on the FCC’s website,...… Continue Reading
Prepare Your Station to Notify the FCC of a Rebroadcast or Prepare to Be Fined
The Federal Communications Commission (“FCC” or the “Commission”) ordered an FM translator owner to pay a fine of $2,000 for rebroadcasting a primary station without notifying the FCC. According to the forfeiture order released March 2, 2020, Carolina Radio Group Inc. – licensee of FM Translator station W225DF in Raleigh, North Carolina – rebroadcast station...… Continue Reading
Upcoming FCC Broadcast and Telecom Deadlines for March – May
Broadcast Deadlines: March 9, 2020 All-Digital AM Broadcasting – Comments are due in response to the Federal Communication Commission’s (“FCC” or the “Commission”) Notice of Proposed Rulemaking seeking input on a proposal to allow AM broadcasters to broadcast an all-digital signal using the HD Radio in-band on-channel (IBOC) mode known as MA3. March 30, 2020...… Continue Reading
Clarifying Statements from “Unfinished Business in the RHC Program” Webinar
While press coverage is always welcome, and while most trade reporters are thorough and careful in their reporting, occasionally one must address a situation where a reporter has wildly misunderstood what was said. That is the case with the Broadband Breakfast article concerning my remarks during an open webinar put on by the Schools, Health...… Continue Reading
The FCC’s Political File Rules: Is Your Station in Full Compliance?
Super Tuesday is less than two weeks away, Michael Bloomberg is spending a king’s ransom on political advertisements, and the Federal Communications Commission (“FCC”) is actively engaged in investigating stations’ compliance with the political file rules. Now is the time to make sure your station staff understands the FCC’s political file requirements and implements any...… Continue Reading
If Your Program Sounds Like It’s Live, but Isn’t, You Must Tell the Audience (Or Suffer the Consequence)
In late January, the Federal Communications Commission (“FCC”) released a Consent Decree penalizing Salem Media Group to the tune of $50,000 for “violat[ing] the FCC’s live broadcast rules by broadcasting prerecorded programming as ‘live’ without announcing before the broadcast that the programming was prerecorded.” In addition Salem has agreed to a three-year compliance plan to...… Continue Reading
Available Now: Getting into the Weeds of CBD & Marijuana Advertising
On Wednesday, January 29th, Fletcher, Heald & Hildreth’s Frank Montero, Dan Kirkpatrick, and Seth Williams presented a webinar that got “into the weeds” of CBD and marijuana advertising. New questions have been raised since the US Department of Agriculture in 2019 published their interim rules on the “Establishment of Domestic Hemp Projects”. To address broadcasters...… Continue Reading
Upcoming FCC Broadcast and Telecom Deadlines for January – March
Broadcast Deadlines: January 31, 2020 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 1, 2019. Please recall that not only corporations...… Continue Reading
Selected New Developments in Broadband – January
Capitol Hill House Democrats are reportedly putting the finishing touches on a broadband-only infrastructure spending bill that could allocate as much as $80 billion to broadband deployment and digital equity. A formal announcement is expected in February. National Telecommunications and Information Administration (NTIA) NTIA is sponsoring an all-day Smart Agriculture & Rural Supercluster Workshop in...… Continue Reading
Dates Announced for Rules Mandating Vertical Location Information in 911 Calls
On November 26, 2019, we wrote about rules adopted by the Federal Communications Commission (“FCC”) to help locate callers in terms of not only the street address but also a caller’s vertical location within a multi-story building, asking “Which Door Should First Responders Kick In?” The new rules were published in the Federal Register on...… Continue Reading
Comment Deadline Announced for “988” Suicide Hotline Proposal
On January 7, 2020, we wrote about a proposal by the FCC to establish “988” as a nationwide abbreviated telephone dialing code to reach the National Suicide Prevention and Mental Health Crisis hotline. The Notice of Proposed Rulemaking has now been published in the Federal Register, establishing the deadlines for comments and replies. Initial Comments...… Continue Reading
Monitor Your Tower Lighting or be Prepared to Pay Up – Scripps Settles with FCC to the Tune of $1.13 Million
In an order released this week, the Federal Communications Commission (“FCC”) announced that Scripps Broadcasting Holdings had agreed to a $1.13 Million settlement with the FCC’s Enforcement Bureau to resolve violations of tower lighting monitoring rules. What makes this case especially interesting is that the party who is paying the fine and instituting a years-long...… Continue Reading
Davina Sashkin Recognized by LexBlog Excellence Awards
We are proud to announce that Davina Sashkin’s CommLawBlog article “Shutdown Uncertainty: What Broadcasters Should Do Now” was awarded 1st runner up for the Best Breaking News Post of 2019 by LexBlog, the leading blog platform for the legal community. This award is given “for outstanding same-day or second-day reporting of a legal news development”....… Continue Reading
Radiofrequency Exposure Limits Revised: FCC Proposes Expanding Rules to Cover Higher Frequencies
The Federal Communications Commission (“FCC”) has resolved many of the issues that it has been considering since 2013 with respect to limits on exposure of human beings to radiofrequency (“RF”) energy. An important aspect of the decision is that existing exposure limits will not be tightened. However, the environmental rules dealing with RF exposure have...… Continue Reading
FCC Sets Comments Deadline for Retransmission Consent Proposal
On January 2, 2020, we wrote about an FCC proposal to modify the present requirement for cable TV systems to give 30 days’ notice to subscribers when a program channel may be removed because of failure to agree on retransmission consent terms. The deadlines for Comments and Reply Comments have now been announced. Initial Comments...… Continue Reading
FCC Wants You to Dial 988 Before It’s Too Late: Abbreviated 3-Digit Access to Suicide Help Line Proposed
The Federal Communication Commission (“FCC”) has proposed to establish “988” as a nationwide abbreviated telephone dialing code to reach the National Suicide Prevention and Mental Health Crisis hotline. An 800 number (1-800-273-TALK) already universally connects to suicide counselors, but people facing a suicide crisis might not remember such a long number. The same hotline will...… Continue Reading
Welcoming Thomas F. Urban II to Fletcher, Heald & Hildreth, P.L.C.
Washington-area based telecommunications, media, and technology law firm Fletcher, Heald & Hildreth, P.L.C. is pleased to announce that Thomas F. Urban II has joined the firm as Of Counsel. Tom has experience representing clients in everything from business disputes and class action cases to RICO actions and complex mortgage fraud cases. When it comes to...… Continue Reading
FCC Proposes to End Radio Station Program Duplication Restrictions
The Federal Communications Commission (“FCC”) has proposed to repeal Section 73.3556 of its Rules, which prohibits two commercial AM or two commercial FM radio stations from devoting more than 25% of the hours in an average broadcast week to duplicating programming if they are commonly controlled (through either common ownership or time brokerage) and the...… Continue Reading
Who Should Say What to Whom When Cable TV Retransmission Consent Negotiations Fail?
Retransmission consent negotiations have been coming down to the wire more and more in recent years, as broadcasters have sought to recoup more of the value they feel their signals have, and cable operators have resisted increases in their expenses. Federal Communications Commission (“FCC”) rules currently require cable operators to notify both subscribers and the...… Continue Reading
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