by Jackie Fisher on (#6B3VQ)
On April 24, 2023 the FCC released its most recent 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 June 8, 2023. Approximately twice per year,...… Continue Reading
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CommLawBlog
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Updated | 2024-11-21 11:33 |
by Mark Malonzo on (#6AZ37)
During her address today at the 2023 NAB Show, FCC Chairwoman Jessica Rosenworcel shared two developments in the Next Generation Television (“Next Gen TV” or “ATSC 3.0”) rulemaking. The Future of Television Initiative The Chairwoman introduced the Future of Television initiative (the “Initiative”), a private-public leadership group hosted by the NAB, dedicated to “develop[ing] a...… Continue Reading
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by Mark Malonzo on (#6AEME)
On March 30, 2023, the FCC released a Notice of Proposed Rulemaking (“NPRM”) seeking comment on the following proposed rules for a one-year filing window for eligible LPTV stations to apply for conversion to Class A designation: Eligibility Requirements The Commission proposes three eligibility requirements that LPTV stations must meet to apply for conversion to...… Continue Reading
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by Mark Malonzo on (#6A5CN)
On March 9, 2023, the FCC’s spectrum auction authority expired for the first time since it was initially granted in 1993. The authority enabled the FCC to auction spectrum when it received conflicting applications for a frequency in the wireless or broadcast services. Under the Balanced Budget Act of 1997, the FCC’s spectrum auction authority...… Continue Reading
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by Daniel Brown on (#6A1P0)
At the FCC Commissioners’ meeting on March 16, the FCC imposed new STIR/SHAKEN and robocall mitigation requirements on all providers, including intermediate providers and regardless of their STIR/SHAKEN implementation status. All providers are now required to take “reasonable steps” to mitigate illegal robocall traffic and must submit a certification and mitigation plan to the Commission’s...… Continue Reading
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by Daniel Brown on (#6A1P1)
March 31 Supply Chain Annual Report – Providers of advanced communications services that purchased, rented, leased, or otherwise obtained covered communications equipment and services on the Covered List in 2022 must submit an annual report on or before March 31, 2023 covering information as of December 31, 2022. The current version of the Covered List...… Continue Reading
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by FHH Law on (#6A1F2)
On March 17th our very own Frank Montero and Seth Williams presented a lecture on how to close a broadcast station acquisition to the latest class of industry leaders. The session was part of the National Association of Broadcasters Leadership Foundation’s Broadcast Leadership Training Program (BLT). We are thrilled to be among the supporters of...… Continue Reading
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by Brianna Perrone and Frank Montero on (#69MQF)
On March 7, 2023, Gigi Sohn, President Biden’s nominee to the Federal Communications Commission, withdrew following a bitter 16-month lobbying battle which blocked her Senate confirmation. Ms. Sohn was first nominated on October 26, 2021, but failed to receive a confirmation vote in the Senate. The White House renominated Sohn on January 3, 2023. From 2013...… Continue Reading
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by Anne Goodwin Crump and Brianna Perrone on (#69GV5)
We remind radio licensees that Spring marks the mid-point of the current license term for some. This mid-point is significant because it marks the beginning of the period during which the FCC will conduct mid-term reviews to determine compliance with EEO requirements for radio station employment units that employ 11 or more full-time employees. Even...… Continue Reading
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by Daniel Brown and Brianna Perrone on (#69GN6)
April 1, 2023 Delaware or Pennsylvania Television License Renewal Applications Due – Applications for renewal of FCC licenses for television stations licensed to Delaware or Pennsylvania must be filed in LMS, the FCC’s online filing system. Schedule 396 the Broadcast EEO Program Report must accompany these applications. EEO Public File Reports – All licensed full-service radio and television broadcast stations,...… Continue Reading
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by Frank Montero and Seth Williams on (#69BXN)
Congratulations to the National Association of Broadcasters, the National Alliance of State Broadcasters Associations, and all state broadcast associations on a successful NAB State Leadership Conference this past week in Washington, D.C. Fletcher, Heald, & Hildreth is proud to have sponsored this year’s State Leadership Conference.… Continue Reading
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by Anne Goodwin Crump and Daniel Brown on (#68TXR)
This is a reminder that the FCC previously advised that parties that are Emergency Alert System (“EAS”) Participants, which would include not only virtually all broadcast stations, but also, wired and wireless cable television systems, Satellite Digital Audio Radio Service, and wireline video systems, must submit Form One filings for calendar year 2022 in the...… Continue Reading
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by Jackie Fisher on (#689M3)
On Friday, January 27, the FCC further extended the deadline for entities to complete certain required Online Public Inspection File (“OPIF”) uploads and certain Licensing and Management System (“LMS”) filings. The new due date for these uploads will be February 28, 2023. On January 6, 2023, following wide reports of technical challenges impacting licensee’s ability...… Continue Reading
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by Brianna Perrone and Daniel Brown on (#67RRH)
January 30, 2023 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 2022 that were specifically designed to serve the educational and informational needs...… Continue Reading
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by Brianna Perrone and Frank Montero on (#67P3S)
After a drawn-out Senate battle last year which resulted in no confirmation, President Joe Biden has once again nominated Gigi Sohn for the fifth FCC Commissioner seat. Sohn, a former top FCC adviser, is also the co-founder of Public Knowledge, a non-profit advocating for copyright, telecommunications, and internet policies. If confirmed, Sohn would fill out...… Continue Reading
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by Kathleen Victory on (#67MMX)
As many of you are aware – especially those subject to the looming January 10th issues/programs list upload deadline – the FCC’s online public file system has been painfully slow or nonfunctional since the beginning of this year. As a result, the FCC issued a public notice on Friday extending the time for uploading all...… Continue Reading
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by Daniel Brown on (#66XGR)
With the new year around the corner, it is that time of year when we start to fill out upcoming deadlines in our new calendars! Below find a list of the approaching broadcast deadlines to keep an eye on. January 10, 2023 Issues/Programs Lists – For all commercial and noncommercial radio, television, and Class A television...… Continue Reading
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by Daniel Brown on (#66XEE)
The FCC advised December 15 that parties subject to the Emergency Alert System (EAS) rules (radio and television stations, wired and wireless cable television systems, digital broadcast systems, digital television broadcast stations, Satellite Digital Audio Radio Service, digital cable and digital audio broadcasting systems, and wireline video systems) must submit their annual Form One filings...… Continue Reading
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by Sara Hinkle on (#66M3K)
On December 1, 2022, the Federal Election Commission (“FEC”) adopted a proposal to extend its disclaimer rules to certain types of digital advertising appearing on digital platforms in addition to websites. Before these new FEC rules become effective, they must be transmitted to the heads of both the House of Representatives and the Senate for...… Continue Reading
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by Jackie Fisher on (#66M3M)
The Federal Communications Commission released a reminder that as of January 1, 2023, the audio description rules adopted in the Commission’s 2020 Audio Description Order will go into effect in the following designated market areas (“DMAs”): Madison Waco-Temple-Bryan Harlingen-Welasco-Brownsville-McAllen Paducah-Cape Girardeau-Harrisburg Colorado Springs-Pueblo Shreveport Syracuse Champaign and Springfield-Decatur Savannah Cedar Rapids-Waterloo-Iowa City and Dubuque The...… Continue Reading
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by Brianna Perrone and Thomas Urban on (#66EK1)
On August 8, 2022, Fletcher, Heald & Hildreth filed a petition with the Court of Appeals of Virginia for a writ of mandamus directed to the Circuit Court of Fairfax County, Virginia to compel Judge Penney S. Azcarate to release copies of transcripts relating to the Depp v. Heard case or to compel the Fairfax...… Continue Reading
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by Jamie Troup on (#66D1E)
In an order released on November 17, 2022, the FCC dictates in detail the specific words that an Internet service provider must use when communicating with its customers. The FCC has adopted new rules requiring specific information (referred to as the broadband consumer label) to be displayed at the point of sale when offering mass-market...… Continue Reading
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by Brianna Perrone and Tony Lee on (#66BX6)
The FCC Launches Formal Review of How to Bring Non-IP Phone Networks into Caller ID Authentication Ecosystem to Protect Consumers On October 27, 2022, the FCC released a Notice of Inquiry which launches a formal review to consider ways to improve the accuracy of robocall blocking and consumer warning tools for phone networks that are...… Continue Reading
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by Anne Goodwin Crump on (#668ZW)
To accompany its recently adopted modifications to the requirements for the Emergency Alert System (“EAS”), the Federal Communications Commission (“FCC”) has issued a Notice of Proposed Rulemaking (“NPRM”) to address the FCC’s ongoing concerns about operational readiness and the security of the EAS system from being acted or otherwise misused by bad actors. Comments on...… Continue Reading
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by Anne Goodwin Crump on (#664AK)
The Federal Communications Commission (“FCC”) recently adopted modifications to the requirements for the Emergency Alert System (“EAS”), and the new rules will go into effect on December 12, 2022. Fortunately, however, EAS participants, which include most radio and television stations, have one year, until December 12, 2023, in which to make the necessary changes to...… Continue Reading
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by Sara Hinkle on (#662EC)
On November 18th, the FCC published a draft of the long-awaited updated National Broadband Map. This version of the map shows the availability of fixed and mobile broadband as reported by internet service providers (“ISPs”) as of June 30, 2022. This map endeavors to improve upon the FCC’s broadband data collection via Form 477, which...… Continue Reading
by Madison Laton on (#65PKZ)
This week, the FCC issued a Forfeiture Order imposing a penalty of over $500,000 against Gray Television, Inc. for violating the FCC’s rule prohibiting ownership of two top-four television stations in the same Nielsen Designated Market Area (DMA). Gray acquired the CBS network affiliation for KTVA(TV), Anchorage, Alaska, and the FCC found that this action...… Continue Reading
by Brianna Perrone and Daniel Brown on (#65KE8)
December 1, 2022 Television License Renewal Applications Due – Applications for renewal of license for television stations located in Connecticut, Maine, Massachusetts, New Hampshire, Vermont, and Rhode Island must be filed in LMS. These applications must be accompanied by Schedule 396, the Broadcast EEO Program Report, also filed in LMS, regardless of the number of...… Continue Reading
by Jackie Fisher on (#64XG9)
With midterm elections fast approaching, candidates for public office and advocates for a variety of political issues are looking to radio and television broadcasters to get their message out. However, broadcasters need to keep in mind that airing these ads comes with upload requirements to a station’s political file, which is located within its online...… Continue Reading
by Daniel Brown on (#64X8N)
In the latest salvo of the back and forth fight over requiring broadcasters to verify foreign governmental sponsorship of programming, on October 6, 2022, the Federal Communications Commission (“FCC” or “Commission”) released a Second Notice of Proposed Rulemaking (“Second NPRM”). The Second NPRM comes as a response to this summer’s unanimous D.C. Circuit opinion vacating...… Continue Reading
by Madison Laton on (#64FZQ)
This week, the Commission imposed a $13,000 fine on Radiant Light Broadcasting (RLB), the licensee of two low-power television (LPTV) stations for failing to timely file license to cover applications, and thus operating without licenses for four years. The stations, KRLB-LD and KWWO-LD, were granted construction permits for digital displacement channels and special temporary authority...… Continue Reading
by Madison Laton on (#647BT)
Last week, the FCC issued a ruling finding that 21 broadcast licensees, including Nexstar Media Group and Sinclair Broadcast Group, had violated the Commission’s rules regarding commercial programming on children’s television. The Commission assessed penalties against these licensees totaling nearly $3.4 million. Particularly notable was the Commission’s ruling that licensees are responsible even for commercials...… Continue Reading
by Sara Hinkle on (#645YC)
Today, the FCC released a Public Notice extending the deadline for all regulatory fee payors to submit payment for their annual regulatory fees from September 28 to September 30 at 11:59 PM Eastern Daylight Time. Accordingly, payors have an additional two days to pay their fees without incurring a 25% penalty. Such a penalty will...… Continue Reading
by Daniel Brown on (#642M7)
Recently, the Federal Communication Commission (“FCC”) issued a Consent Decree detailing the $38,000 settlement reached with a telecommunications company relating to its failure to complete required environmental and historic preservation reviews before beginning construction on new wireless telecommunications towers and prior to following the prescribed procedures under the FCC’s antenna structure registration (“ASR”) Rules. Under...… Continue Reading
by FHH Law on (#62W22)
2022 Upcoming Broadcast Deadlines September Annual Regulatory Fees – On a date not yet determined, but certainly before September 30, 2022, annual regulatory fees will be due. These will be due and payable for Fiscal Year 2022 and will be based upon a licensee’s/permittee’s holdings on October 1, 2021, plus anything that might...… Continue Reading
by Paul J. Feldman on (#61CEN)
Earlier this year, new FCC rules went into effect requiring radio and television stations to broadcast Sponsorship ID disclosures for programming provided by foreign governmental entities. Yesterday, the federal Court of Appeals for the D.C. Circuit struck down one part of those requirements: the requirement for broadcasters to independently confirm the sponsor’s status by consulting...… Continue Reading
by Paul J. Feldman on (#60QHV)
The FCC has just released a Third Further Notice of Proposed Rulemaking (FNPRM) https://docs.fcc.gov/public/attachments/FCC-22-47A1.pdf seeking comments on the state of the Next Generation Television (“Next Gen TV” or “ATSC 3.0”) transition, and on the scheduled sunset of two rules adopted in 2017. Generally, the FNPRM seeks comments on the progress of broadcasters’ voluntary deployment of...… Continue Reading
by Matt McCormick and Jackie Fisher on (#60MQ0)
The FCC has set the comment period in the FM6 (a/k/a Franken FM) proceeding. Comments with respect to the FCC’s May 18th Notice of Proposed Rulemaking (NPRM) will be due on July 18th, 2022. Reply comments will be due on August 1, 2022. Those who wish to comment should refer to the filing instructions provided...… Continue Reading
by Brianna Perrone and Sara Hinkle on (#60G51)
The Incentive Auction Task Force and Media Bureau (Bureau) has released a public notice reminding all low power TV and TV translator (LPTV/translator) stations, multichannel video programming distributors (MVPDs), and FM stations that they must submit all remaining invoices in the TV Broadcaster Relocation Fund no later than September 6, 2022. All licensees are encouraged...… Continue Reading
by Matt McCormick, Kathleen Victory and Jackie Fisher on (#5ZYB0)
When the Federal Communications Commission meets on June 8, it is slated to issue a Notice of Proposed Rulemaking regarding FM6 stations, commonly referred to as “Franken FMs.” The FCC has released a draft of the Notice of Proposed Rulemaking that is expected to be adopted at its June 8th meeting. This will be the...… Continue Reading
by Kathleen Victory and Jackie Fisher on (#5ZTXP)
On Friday, May 27th, the FCC issued a Public Notice announcing that the Legacy Commission Registration System (Legacy CORES) – currently used to obtain and update FRNs for individuals, licensees and other entities doing business with the FCC – would be decommissioned on Friday, July 15th, 2022 at 6pm. After that time, the current Commission...… Continue Reading
by Thomas Urban on (#5Z12G)
Social media has been exploding with news about the defamation trial between Johnny Depp and Amber Heard in Fairfax County, Virginia. Fletcher, Heald attorneys have considerable experience with this court and this type of claim. As such, we thought our Commlawblog readers might be interested in a breakdown of what is really going on here...… Continue Reading
by Jackie Fisher on (#5YYG9)
The FCC has released a draft Report and Order to amend its broadcast radio rules to allow the use of computer models to verify antenna directional patterns. Barring unexpected developments, the Report and Order will be adopted during the Commission’s May 19th open meeting This proposed rule changes are great news for applicants – under...… Continue Reading
by Travis Andring on (#5YWAJ)
The FCC announced this week that various additional applications must soon be submitted through the LMS online electronic system. Specifically, commencing May 17, 2022, the following filings are required to be submitted through LMS: FM Engineering Special Temporary Authority (STAs) Request for Silent STA Extension of Silent and Engineering STA Suspension of Operations Notification Resumption...… Continue Reading
by Anne Goodwin Crump on (#5YTYY)
June 1, 2022 Television License Renewal Applications Due – Applications for renewal of license for television stations located in Arizona, Idaho, Nevada, New Mexico, Utah, and Wyoming must be filed in LMS. These applications must be accompanied by Schedule 396, the Broadcast EEO Program Report, also filed in LMS, regardless of the number of full-time...… Continue Reading
by FHH Law on (#5YD2X)
On April 21, 2022, the FCC will be hosting its monthly open meeting. The docket includes improving receiver performance, wireless emergency alerts, and two restricted adjudicatory matters. The FCC will consider a Notice of Inquiry to promote more efficient use of spectrum through improved receiver interference immunity performance, thereby facilitating the introduction of new and innovative services....… Continue Reading
by Travis Andring on (#5XQFK)
Last Friday, the FCC expanded its list of companies it believes pose a risk to U.S. national security. The new additions include equipment and services from three companies: Russia’s AO Kaspersky Lab, China Telecom (Americas), and China Mobile International USA Inc. Since March of 2021, the Public Safety and Homeland Security Bureau has maintained a...… Continue Reading
by FHH Law on (#5XKFG)
On March 25th our very own Frank Montero and Seth Williams presented on the subject of broadcast station acquisitions to the most recent class of industry leaders. This training was part of the NAB Leadership Foundation’s Broadcast Leadership Training Program (BLT). FHH is a proud sponsor and provides several faculty members to the BLT program....… Continue Reading
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by Travis Andring on (#5X4SQ)
FCC rules requiring radio and television stations to broadcast disclosures for programming provided by foreign governmental entities go into effect today over the objection of some broadcast groups. Broadcasters are required not only to fully comply moving forward, but must also ensure that their existing airtime lease agreements come into compliance as soon as reasonably...… Continue Reading
by FHH Law on (#5WWXV)
FCC License renewal applications and associated EEO Program Reports are due on or before Friday, April 1st for radio licensees located in Delaware and Pennsylvania and television licensees in Texas. Radio and television stations must file renewals regardless of commercial or noncommercial status in the FCC’s licensing Management System (LMS). Both television and radio licensees...… Continue Reading