CommLawBlog

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

Now until Oct. 31, 2017, the European Broadcasting Union (EBU) is offering a “Special Limited Registration Period” – a pre-launch opportunity for the registration of .RADIO domain names by radio broadcasters, radio professional, radio amateurs, Internet radios, and radio-related companies. Call letters, corporate names, on-air personality names, and even slogans can all be registered as...… Continue Reading

With the March 1, 2018 Online Public Inspection File deadline for mid-sized and smaller market (and non-commercial) radio stations approaching, Fletcher, Heald, & Hildreth’s Frank Montero and Steve Lovelady recently presented a webinar to help industry professionals navigate through the online filing process. In collaboration with Colorado Broadcasters Association, Montero and Lovelady spoke on a...… Continue Reading

This is a reminder that tomorrow, Thursday, Oct. 12th at 12:00 p.m. EDT, Fletcher, Heald, & Hildreth’s Frank Montero and Steve Lovelady in partnership with Colorado Broadcasters Association, will present a FREE webinar entitled “Online Public Inspection Files: A Refresher Webinar.” You can register for the webinar, for FREE, via this link. While 2017 isn’t...… Continue Reading

Last week, the FCC released a Notice of Inquiry (NOI) seeking comment on a variety of issues related to 911 capabilities and Enterprise Communications Systems (ECS). While you may not be familiar with the term “Enterprise Communications Systems,” you are certainly familiar with the concept. As the FCC’s NOI explains, ECS are telecommunications systems that...… Continue Reading

The Trump Administration recently took some major steps toward providing a regulatory framework that encourages the safe development, testing, and deployment of autonomous vehicles. Several weeks ago, Secretary of Transportation Elaine Chao released Automated Driving Systems 2.0 from the National Highway Traffic Safety Administration (NHTSA), a document aimed at supporting automotive industry innovators in the...… Continue Reading

October 2, 2017– Washington, D.C.-based telecommunications, and broadcasting law firm, Fletcher, Heald & Hildreth (“FHH”), today announced it is a new member of Competitive Carriers Association. FHH provides comprehensive legal services for the technology, telecommunications, and media industries, partnering with clients on transformative deals and innovative solutions to cutting-edge business issues and regulatory concerns. FHH...… Continue Reading

ETRS Form 2 Due Same Day (Except for Hurricane-Impacted EAS Participants) Assuming that it is not delayed due to a real national emergency, the Federal Emergency Management Agency and the FCC are still scheduled to conduct a nationwide test of the Emergency Alert System (EAS) on Sept. 27, 2017, at 2:20 PM EDT. As we...… Continue Reading

Compliance has never been more important for public broadcasters. CPB regularly issues forfeitures of up to $15,000 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...… Continue Reading

On Sept. 20, the FCC announced the second filing window for all full power and Class A television stations receiving new channel assignment as part of the post-incentive auction repack. The filing window will open Oct. 3 and close at 11:59 p.m. EDT on Nov. 2. During this “second priority” filing window, all eligible stations...… Continue Reading

As readers should know by now, annual FCC Regulatory Fees are due to be paid by no later than September 26 by all FCC regulatees. However, in recognition of the havoc caused by Hurricanes Harvey and Irma the FCC has has extended the deadline for regulatees in the areas impacted by those storms (which the...… Continue Reading

Believe it or not, the date by which all radio stations must have their complete public files online is now less than six months away. Television stations have been dealing with this reality for several years now, as have large stations in large markets for the past couple of years. Now, every radio station, both...… Continue Reading

As we wrote about last week, FCC Chairman Ajit Pai is planning to make some major overhauls at the FCC. Eight months into his term, Pai is preparing to “modernize [the FCC’s] rules to match the realities of today’s marketplace.” At this year’s National Broadcast Association’s Radio Show, Pai announced he would present to his...… Continue Reading

Main Studio and Paper Rules on the Chopping Block, AM Revitalization on the Way It’s shaping up to be a busy few months for FCC Chairman Ajit Pai. And did you know September is Modernization Month? Well, at least according to Chairman Pai it is. Today, the Chairman announced a new initiative to curtail, or...… Continue Reading

Just a week after Hurricane Harvey wreaked havoc in Texas and Louisiana, Hurricane Irma, a Category 5 storm, has already hit parts of the U.S. Virgin Islands and Puerto Rico. This is a major storm, with wind gusts measured at 155 mph in Barbuda. This weekend Irma is set to make its way into Florida...… Continue Reading

Now that summer and beach season is over, the Commission has finally released the final listing of regulatory fees for 2017 and their due date. While it might not be as big of news as a Taylor Swift release, this is an important time for the Commission which has announced the final amounts due for...… Continue Reading

While 2017 isn’t even close to being over yet, we’re already looking ahead at next year’s deadlines. TV stations and a large first batch of commercial radio stations have already had to move their public inspection files online. But starting on March 1st of 2018, noncommercial radio stations, as well as the remaining commercial that were...… Continue Reading

The FCC’s Technological Advisory Council (TAC) has initiated a Technical Inquiry into reforming the FCC’s technical regulations. Comprised of very smart industry engineers, academics, and other technological leaders who provide technical advice to the FCC, the TAC aims to provide useful guidance to the FCC on its technical rules and the status of emerging technologies....… Continue Reading

The FCC on Sept. 1 postponed the due date for the submission of 2017 biennial broadcast ownership reports to the FCC until March 2, 2018. Biennial ownership reports are required to be filed every two years by all commercial and (starting this year) noncommercial AM, FM, TV, Class A, and LPTV stations and entities holding...… Continue Reading

Earlier this month, in its war against illegal robocalling campaigns the Federal Communications Commission (FCC) proposed another hefty fine. That is, a fine of 82 million dollars. Yikes! The target of the FCC’s wrath? Mr. Philip Roesel, who wasn’t just calling a la Adele style. Instead, Mr. Roesel is accused of both illegal robocalling in...… Continue Reading

Time to mark your calendars for FCC filing deadlines for broadcasting and telecommunications. Find our list of upcoming deadlines in the industry below. Note our list is not comprehensive. Other proceedings may apply to you. Please do not hesitate to contact FHH if you have any questions. September 1, 2017: Local Telephone Competition and Broadband Report – Facilities-based...… Continue Reading

The FCC’s rules for Citizens Broadband Radio Service (CBRS) have become final, after many years in the works. No, it’s not your grandfather’s “Ten-four, good buddy” citizens band, but a high-end, super-Wi-Fi-type service that someday will serve your portable devices with fast digital signals. But don’t run down to Best Buy quite yet. The engineers are...… Continue Reading

This is a reminder that on Tuesday, August 22 from 2:00-3:15 p.m. (EDT), FHH carriage gurus Dan Kirkpatrick and Paul Feldman will present a FREE webinar entitled “Must-Carry and Retransmission Consent 2017.” Free registration for the webinar is available here. The industry faces an October 1, 2017 deadline requiring all full-power television stations to make...… Continue Reading

No sooner did we report an update on the dispute between the Radio Music License Committee (RMLC) and Global Music Rights (GMR), do we have another update to share. Only this time, the update: (1) is less wonky/more practical, (2) is good news for commercial radio stations, and (3) requires action by affected stations. Radio...… Continue Reading

(As end of GMR Interim License Period Approaches, fight over GMR’s refusal to deal with Pennsylvania radio stations has implications for others around the country) We’ve written (and talked) plenty about the fight between the Radio Music License Committee (RMLC) – which represents the interests of the commercial radio industry in negotiating licenses with performing...… Continue Reading

Being in “the middle” has historically gotten a bad rap. There’s the underappreciated “middle child,” and of course no one wants to be the unneeded “middle man.” This concept has even proven true with the Commission’s wireless spectrum policies. While the FCC has made it a priority to promote industry access to wireless spectrum, these...… Continue Reading

(Stations will pay 60% less than old SESAC rate card) While the fight between the Radio Music License Committee (RMLC) and Global Music Rights (GMR) has captured music licensing headlines in 2016 and 2017 (including here at Commlawblog), it has previously been RMLC v. SESAC which stole the show. (Recall that until GMR came on...… Continue Reading

Tuesday, August 22, 2017 – 2:00-3:15 p.m. (EDT) For all full power TV stations, October 1, 2017 is a critical deadline for electing between must-carry and retransmission consent for the next three years. What should you consider before electing must-carry or retransmission consent? What has changed in the three years since elections were last made?...… Continue Reading

Some FCC regulations are carved in stone, changing about as often as the rules of chess. But not the equipment authorization rules, which lay out the procedures manufacturers and importers must follow to market devices having potential to cause interference to radio communications. The FCC likes to revise and update these every few years. This...… Continue Reading