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Updated 2024-11-21 15:00
FCC Opens Limited Filing Window for New Noncommercial TV Stations
The Federal Communications Commission (FCC" or Commission") has issued a public notice, DA 24-1065, which announces the opening of a filing window for applications for construction permit for new noncommercial educational (NCE") TV stations in 12 specified communities in various areas of the United States. This window opens at 12:01 a.m. EST on December 4,...... Continue Reading
Comment Deadline Set for Proposed Disclosure Requirements for AI Content in Political Ads
As has been widely publicized, the FCC has proposed that broadcasters be required to air an announcement for all political ads, including both candidate and issue ads that contain content generated by artificial intelligence (AI). The deadlines for comments on this proposal have now been set. Initial comments will be due by September 4, 2024,...... Continue Reading
ETRS Form One Due Oct. 4 for All EAS Participants
The FCC announced today that all EAS Participants must submit their annual Form One filings no later than October 4, 2024. EAS Participants are parties subject to the Emergency Alert System (EAS) rules. Virtually all broadcast stations, wired and wireless cable television systems, Satellite Digital Audio Radio Service, digital audio broadcasting systems, and wireline video...... Continue Reading
FCC Sets Effective Date for Foreign Sponsorship ID Rule Changes
On July 16th, the FCC announced that two changes to its sponsorship identification requirements for foreign government-provided programming, as detailed in its June 10th Second Report and Order, are set to become effective on August 15, 2024. Recall that the FCC modified its sponsorship identification rules in March of 2022 to require broadcasters to identify...... Continue Reading
New Pre-Sunrise and Post-Sunset Power Levels Available for Eligible AM Stations
The FCC is now accepting letter requests from AM stations for pre-sunrise authorization (PSRA) and post-sunset authorization (PSSA). PSRA permits AM stations to operate at increased power during the two hours immediately preceding sunrise. PSSA allows for increased power for the two hours immediately following sunset. According to the FCC's Public Notice, the Audio Division...... Continue Reading
New Commercial FM Programming Non-Duplication Rule Goes Into Effect on August 2, 2024
The FCC recently announced that August 2, 2024, is the effective date of its newly reinstated programming non-duplication rule for commercial FM stations. As we have previously noted here, that rule, which was reinstated in a June 2024 Reconsideration Order, prohibits commonly owned or operated commercial FM stations with overlapping service contours from duplicating more...... Continue Reading
FCC Received Petition for New FM Broadcast Station Class
On June 20, the FCC released a Public Notice announcing a June 13 Petition for Rulemaking submitted by Commander Communication Corporation (Commander") to create a new FM station class A10." In its Petition, Commander proposed a new FM class with operating parameters of maximum of 10,000 watts effective radiated power (ERP) and 100 meters height...... Continue Reading
Partial Return of the Radio Duplication Rule
Continuing its progression of reversals, the FCC announced on June 5, 2024 that it would once again reinstate section 73.3556 of the Commission's rules (the Radio Duplication Rule" or Rule") for commercial FM stations. The Radio Duplication Rule does not apply to noncommercial educational stations nor AM stations. As some of our readers might recall,...... Continue Reading
FCC Amends and Clarifies Foreign Sponsorship ID Requirements
On Monday of this week, the FCC issued a Second Report and Order amending and clarifying its rules concerning the disclosure of foreign sponsorship of programming. Amidst growing concerns regarding the potential influence of Russian, Chinese, and other foreign governments on recent U.S. elections, the FCC implemented new rules in 2022 requiring broadcasters to conduct...... Continue Reading
FCC Announces Lift of Channel Change Freeze for Class A Television, LPTV, And TV Translator Stations
The FCC has announced that the current freeze on major modification to Class A television, LPTV, and TV translator stations will be partially lifted to allow applications to change channels as of August 20, 2024, subject to certain limitations. Channel change applications will be permitted on a nationwide basis without geographic limitation. For the limited...... Continue Reading
FCC Announces Exercise of the Disaster Information Reporting System (DIRS)
The FCC released a Public Notice today announcing a June 10-12 exercise of the Disaster Information Reporting System (DIRS). Communications providers, including broadcast, wireless, satellite, broadband, and wireline providers, interested in participating must register by June 3. DIRS is the FCC online system through which providers report information on the operational status of communications assets...... Continue Reading
FTC Votes to Ban Noncompete Agreements
In late-breaking news, the Federal Trade Commission (FTC") has adopted a final rule banning new noncompete agreements for all workers and effectively nullifying existing agreements and requiring companies to notify most current and past employees that the company will no longer enforce such agreements. In a change from the prior FTC proposal, however, the agreements...... Continue Reading
Broadcast Station Contest Rules Aren’t Just for Contestants, They Apply to the Stations, Too!
The FCC recently released a Notice of Apparent Liability (NAL") for a forfeiture of $8,000 that should be a cautionary tale for other broadcast licensees that conduct contests for listeners or viewers. This fine arose out of the station's failure to conduct a contest in accordance with its announced terms, and specifically to make payment...... Continue Reading
Comments on Proposed Rules for Program Originating Booster Stations Due May 16, Reply Comments Due June 17
The FCC released a Public Notice today establishing deadlines for submitting comments on its proposed rules to permit limited, voluntary program origination on FM boosters. Comments must be filed no later than May 16. Reply comments must be filed no later than June 17. The proposed rules would provide flexibility for stations to use boosters...... Continue Reading
Fletcher, Heald & Hildreth Attorney Peter Tannenwald Recognized by LPTV Broadcasters Association with Gravino Lifetime Achievement Award at NAB 2024
At this year's LPTV Broadcasters Association meeting during the NAB convention in Las Vegas, Peter Tannenwald, retired member of Fletcher, Heald & Hildreth, received the Mike Gravino Lifetime Achievement Award. This award recognizes individuals who contribute to the advancement of the low power TV industry and who exemplify the highest standards of excellence in their...... Continue Reading
Hyper-Local Programming Gets a Boost
On April 2, 2024, the FCC released a Report and Order (R&O") and Further Notice of Proposed Rulemaking (FNPRM") adopting rule changes that will allow FM booster stations to originate up to three minutes of programming per hour. Prior to adopting the changes, the FCC generally defined a booster as a fill-in" translator that is...... Continue Reading
FCC Reinstates Workplace Diversity Reporting Requirement
The FCC issued an Order last Friday reinstating the collection of workforce composition data for television and radio broadcasters, requiring broadcast licensees to file Form 395-B, which collects race, ethnicity, and gender information about the licensee's employees, on an annual basis. The requirement to file Form 395-B had been suspended for almost 20 years, but...... Continue Reading
FHH Protects Client Rape Victim’s Privacy in U.S. Fourth Circuit
On February 21, 2024, an FHH attorney, Thomas F. Urban II, won an important victory for the firm's client, Jane Doe, to protect her right to pursue her civil claims against her rapist without having to expose her identity. Due to Urban's efforts and those of his co-counsel, Walter Steimel of Steimel Counselors Law Group,...... Continue Reading
FCC Clarifies that AI-Generated Voices are Subject to TCPA
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
Corporate Transparency Act Triggers New Federal Filing Requirement for Most Small and Medium Companies.
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
FCC Releases NPRM Seeking Comment on Proposal to Require Subscriber Rebates for Retransmission Consent Blackouts
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
FCC Proposes to Prioritize Application Processing for Stations that Provide Locally Originated Programming
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
FCC Releases NPRM Proposing New Reporting Requirements for Retransmission Consent Blackouts
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
FCC Releases Report and Order Concluding Its 2018 Quadrennial Regulatory Review
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
FDA Adopts New Rules Requirements for “Side Effects” Statements in Prescription Drugs Ads on Broadcast Stations
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
FCC Adopts Report and Order Allowing Certain LPTVs to Convert to Class A Television Stations
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
FCC Adopts Final Deadlines for Submission of C-Band Reimbursement Claims
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
Reminder: Annual DTV Ancillary/Supplemental Services Report Due December 1st
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
FCC Releases Draft Report and Order to Allow Certain LPTVs to Convert to Class A
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
Reminder: November 29th Deadline for FCC Filing to Protect 12.7-13.25 GHz Broadcast Auxiliary/Cable Relay Licenses
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
FCC Announces Another Round of EEO Audits
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
FCC Postpones the Filing Window for New LPFM Stations
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
FCC Proposes Power-Up for Digital FMs
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
EAS Nationwide Test Scheduled for Wednesday, October 4, 2023
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
FCC Announces FM/LPFM Modification Application Filing Freeze
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
FTC Updates Advertising Guides and Increases Scrutiny
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
FCC Announces Opening of Biennial Ownership Report Filing Window
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
TV Station Licensees: Don’t Forget the October 1st Deadline for Uploading Election of Cable TV/Satellite Status
While it's only July, TV station licensees should be mindful of an October 1st deadline for uploading to their station online public information file (OPIF"), the station's election of cable TV/satellite must-carry or retransmission consent status. Under the FCC's rules, for full power and certain Class A/Low Power commercial TV stations, there is a three-year...... Continue Reading
FCC Modifies Next Gen TV Multicasting Rules to Ease Transition
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
Think Before You Post – FHH Attorneys Outline Risks in Social Media Marketing
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
FCC Announces LPFM Construction Permit Application Filing Window
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
FCC Announces End to System Outages and Updated Deadlines
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
FCC Extends Deadlines During Certain FCC System Outages
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
FCC Extends Deadline for Television Stations to Implement Aural Description of Emergency Information
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
Fletcher Heald Attorney Matt McCormick Recognized for Outstanding Service to Broadcast Industry
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
House Panel Advances Bipartisan Bill To Restore FCC Auction Authority
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
Biden Announces Nomination of Anna Gomez to Fifth FCC Seat
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
Upcoming FCC Broadcast Filing Deadlines for June and July
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
FCC Ends COVID-19 Pandemic Relief Measures for Political Advertising Lowest Unit Charge Calculations
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
FCC Announces EEO Mid-term Reviews Begin June 1 and New Online Public Inspection File EEO Mid-term Requirement for Radio Stations
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
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