CommLawBlog

The FCC has sent a strong signal that at its February 23 open meeting it will adopt a proposal to ease FM translator siting restrictions for AM owners. As part of an experiment to increase transparency in the agency’s rulemaking process, new Chairman Ajit Pai, long a fan of radio, publicly released a draft decision … Continue Reading

Back in early January, the FCC’s Media Bureau released an Order denying a number of Petitions for Reconsideration of an earlier Bureau Order that had adopted new requirements regarding FCC Registration Numbers (“FRNS”) and “Restricted Use FRNs” (“RUFRNS”) used in broadcasters’ biennial ownership reports. The Petitions had objected to application of certain new FRN and … Continue Reading

Fletcher, Heald & Hildreth is pleased to announce that Laura Stefani has become a member of FHH. She came to the firm in 2014 with as Of Counsel. Her promotion became effective as of January 1, 2017. Her primary professional focus has been emerging technologies and spectrum use. She has considerable experience with unlicensed wireless … Continue Reading

Commercial broadcasters soon will not need to keep paper copies of viewer and listener correspondence about station operations in their public inspection files. The FCC voted 3-0 on Tuesday to eliminate the requirements at its first public meeting under new Chairman Ajit Pai. The Order also resolves a security issue for stations because they will … Continue Reading

On January 27, 2017, the FCC’s Media Bureau released two Public Notices announcing: (1) a methodology for establishing construction deadlines for post-incentive auction facilities; and (2) instructions and proposed deadlines for filing applications related to the post-incentive auction broadcast transition. Although these public notices provided transitioning stations with some much-needed clarity regarding the post-auction process, … Continue Reading

Do you know what upcoming FCC filing deadlines now and through February apply to you? We do. Note our list is not comprehensive. Other proceedings may apply to you. Please do not hesitate to contact FHH if you have any questions. EEO Recruitment – Comments are due by January 30 on a petition concerning EEO recruitment practices. … Continue Reading

(Our Annual Reminder to be careful how you use “Super Bowl”® and other NFL trademarks) If I had my way, I’d probably never write on this topic again. Every year I rack my brain for a hook to help re-remind readers about the dangers of using the term “Super Bowl”® – and any “Super Bowl”®-related … Continue Reading

SoundExchange reports, payments due soon On February 2nd the groundhog best known as “Punxsutawney Phil” will be plucked from the comfort of his underground lair and ceremoniously asked to “predict” the end of winter. Of course, this tradition was memorably portrayed in the 1993 movie “Groundhog Day” in which Bill Murray’s Phil Connors relives a … Continue Reading

The FCC has announced that effective immediately, it will no longer accept applications for construction permits for new digital companion channels filed by analog Low Power Television stations. While this article refers to only LPTV stations, TV translators are subject to all the same rules and to the new freeze. This freeze removes the only … Continue Reading

We take this opportunity to remind earth station licensees and registrants that the FCC’s International Bureau does not issue notifications of license expiration dates, or reminders to file renewal applications. We expect to see more licenses up for renewal this year as compared to the last few years. So please take a moment to review … Continue Reading

Decision has 5G implications Wow—FCC enforcement actions don’t get any juicier than this: an anonymous whistleblower, alleged misrepresentations to the FCC, and a complex $100 million fine to Straight Path Communications, Inc. for apparently misrepresenting that it had constructed 28 and 39 GHz licenses on applications to renew those licenses! All this is revealed in a … Continue Reading

Wow—FCC enforcement actions don’t get any juicier than this: an anonymous whistleblower, alleged misrepresentations to the FCC, and a complex $100 million fine to Straight Path Communications, Inc. for apparently misrepresenting that it had constructed 28 and 39 GHz licenses on applications to renew those licenses! All this is revealed in a Consent Decree between Straight Path and … Continue Reading

Lately, there has been a lot of news about all the political jockeying at the FCC over who will stay and who will go, plus who must leave and who will be appointed. Will he or she be a Republican or Democrat? Will the Democrats stay? Wait….what? Democrats stay? Didn’t Trump win the election? How can … Continue Reading

FHH’s own managing member, Frank Montero was featured in a front page profile interview for Radio World Magazine where he discusses his views on the Trump Administration’s impact on the new FCC and the potential effect on broadcasters. Here is the interview: … Continue Reading

On Friday, January 7, after the sun had set and the FCC’s doors were locked for the night, the agency released two decisions addressing complaints that a dozen TV stations did not provide sufficiently complete information about political advertising in their public inspection files during the 2016 Presidential campaign. That sounds kind of like a … Continue Reading

The FCC’s Media Bureau and the Incentive Auction Task Force are (again!) reminding all television owners (including those participating in the broadcast incentive auction and those who may potentially be subject to repacking) to provide updated contact information for every station in your portfolio. Important information can reach those owners more quickly with a street … Continue Reading

The (seemingly never-ending) saga of the FCC’s attempts to revise its biennial ownership reporting requirements for broadcasters has taken an interesting, and somewhat unexpected turn. As we have previously reported, the Media Bureau early last year adopted new requirements related to the FCC Registration Numbers (FRNs) and “Restricted Use FRNs” (RUFRNs) that interest holders would … Continue Reading

The FCC is asking for public input on streamlining its rules governing deployment of small cell infrastructure to support 5G services by improving the agency’s wireless facilities siting policies. The effort by the Wireless Telecommunications Bureau stems in part from a petition for Declaratory Ruling filed by Mobilitie, LLC titled: “Promoting Broadband for All Americans … Continue Reading

In a decision of interest to other broadcast owners, the FCC cleared the way on Tuesday for Televisa, a Mexican media conglomerate, to own a larger stake of U.S. Spanish-language broadcaster Univision (the Declaratory Ruling may be read here). The two companies jointly filed a Petition for Declaratory Ruling requesting that the agency permit foreign … Continue Reading

Continued use of expired licenses leads to enforcement action The FCC recently released an Order and Consent Decree that, with a $60,000 fine, acts as a bold reminder to manufacturers, utilities, and other companies that they must seek prior Commission approval to transfer FCC dispatch/internal communications licenses when the licensee company is purchased by or … Continue Reading

Recently, the FCC’s Wireline Competition Bureau (WCB) overruled a Universal Administrative Company’s (USAC) decision that required Cisco to pay into the Universal Service Fund (USF) based on revenue realized from the audio component of its WebEx service. The WCB’s decision seems to shed some light on the factors used in determining whether service providers are … Continue Reading

(Stations Fearing a Difficult Choice Before January 1 now have until January 31 to opt in to an interim license agreement and continue playing GMR songs through September.) If you are a radio station, especially a commercial radio station primarily playing music, you are probably aware of the dueling lawsuits filed by the Radio Music … Continue Reading

Non-commercial educational (NCE) television and radio stations received an early Christmas present from the Commission. The agency suspended biennial ownership filing requirements for those that who would otherwise be required to file such reports on Form 323-E. That means NCE licensees and other entities with attributable interests in such stations are not required to biennially … Continue Reading

In what comes as an early Christmas gift for those who play “oldies” music – think Sirius XM Radio, radio broadcasters, and webcasters – and coal in the stockings of the owners of those recordings, New York’s highest state court ruled today that New York does not recognize a public performance right in sound recordings. … Continue Reading

If you’re the owner of a full-power or Class A broadcast television station or are a multichannel video program distributor, and anticipate receiving a winning bid or seeking reimbursement funds from the Commission post-incentive auction, how will you get your money? The FCC has created an online tutorial to explain how this will work. To … Continue Reading

Earlier this week, two broadcasting companies petitioned the FCC to revise its Equal Employment Opportunity (EEO) rules to allow broadcasters to rely on Internet recruitment sources when filling job openings. The Commission’s current EEO rules, which date back to 2002, require broadcasters employing five or more full-time employees, and MVPDs employing six or more full-time … Continue Reading

As we reported a few days ago, most large market radio stations are required to have their complete (but for a few exceptions) local public inspection files posted online by no later than Christmas Eve. Perhaps moved by the spirit of the holidays, the Commission has now granted a narrow exception to that requirement for … Continue Reading

Some things to consider before putting a shiny new car on your wish list Last year, the “Internet of Things” was the hot topic in tech, and we advised accordingly. This year, much of the buzz centers on connected and autonomous cars. First up, what do we mean when we talk about “connected cars” and … Continue Reading

An Enhanced Version of CPNI — But Will the New Administration “Undo” The New Rules? Attentive readers of this Blog know that in October, the FCC adopted new rules primarily designed to enhance the privacy and data security requirements imposed on providers of Broadband Internet Access Service (“BIAS”). Some of the new rules have been … Continue Reading

An Enhanced Version of CPNI — But Will the New Administration “Undo” The New Rules? Attentive readers of this Blog know that in October, the FCC adopted new rules primarily designed to enhance the privacy and data security requirements imposed on providers of Broadband Internet Access Service (“BIAS”). Some of the new rules have been … Continue Reading

Many radio owners have a Commission-imposed deadline looming before Christmas. Most radio stations located in large markets, which have been defined by the Commission in this instance to be the Nielsen Top-50 radio markets, will need to make sure that they have their online public files completely uploaded by December 24, 2016. Each full-power commercial … Continue Reading

Many broadcasters are telling FHH they’ve been contacted by the Radio Music License Committee about a lawsuit the RMLC has filed against a new performing rights organization. Called Global Music Rights, it was founded in 2013 with the goal of extracting higher music license fees than those offered through other PROs like ASCAP and BMI. … Continue Reading

Many broadcasters are telling FHH they’ve been contacted by the Radio Music License Committee about a lawsuit the RMLC has filed against a new performing rights organization. Called Global Music Rights, it was founded in 2013 with the goal of extracting higher music license fees than those offered through other PROs like ASCAP and BMI. … Continue Reading

As part of the FCC’s initiative to revitalize AM stations, Puerto Rico station owner Wilfredo Blanco-Pi petitioned the FCC to allow AM stations to employ synchronous boosters, not just on a temporary basis, but permanently. Now, the FCC is seeking comment on the proposal to amend Part 73 of its rules. Comments must be submitted … Continue Reading

A September Commission Order modifying a number of Commission Rules regarding filing and review of foreign ownership in broadcast licensees has now been published in the Federal Register, setting the effective date of at least some of these changes. Many of those rule changes will now go into effect January 30, although some changes regarding … Continue Reading

Is there an easier way to notify the Commission when a station has taken part in the Alternative Broadcast Inspection Program (ABIP)? Or does the FCC need to be notified at all? The agency seeks public input on the issue. The alternative program is a series of agreements between the Enforcement Bureau and a private … Continue Reading

For the past few months, business owners have been frantically preparing for a major change in the Department of Labor (DOL) regulations implementing the Fair Labor Standards Act (FLSA) which would greatly increase the number of employees eligible to receive overtime pay for work in excess of 40 hour per week. These changes, were due … Continue Reading

We have previously written here, here, here, and here about the Radio Music License Committee’s (“RMLC’s”) successful attempt to impose on SESAC some of the same competitive restrictions that limit ASCAP’s and BMI’s ability to demand inflated license prices for publicly performing the musical compositions of their members. It was only a matter of time … Continue Reading