CommLawBlog

On February 24, 2022, Fletcher, Heald & Hildreth attorneys Frank Montero and Sara Hinkle teamed up with Bobby Baker, Gary Schonmen, and Sima Nilsson of the FCC’s Political Programming Staff to present a webinar on the FCC’s political broadcasting rules. The webinar, presented in collaboration with over twenty state broadcast associations, addressed a number of...… Continue Reading

On Wednesday, February 16, the FCC adopted a Report & Order to eliminate and amend “outdated or unnecessary” broadcast radio technical rules. As you will see, some of the rule changes do not create new policy or requirements. Rather, the primary purpose of this proceeding is to ensure that all of its rules are consistently with...… Continue Reading

Recently we posted a blog alerting that the FCC was updating aspects of its political programming and recordkeeping rules. That FCC Order revised the definition of “legally qualified candidate for public office”, and also amended the political file rules. The revised rules are effective 30 days after publication of a summary of the order in...… Continue Reading

The FCC announced this week that Auction 112, an auction of 27 construction permits for full power TV stations, is set to begin on June 7, 2022. The auction procedures were set forth in a Public Notice, and participation will require certification that “the applicant has read the public notice adopting procedures for the auction...… Continue Reading

The Federal Communications Commission is cracking down on stations that are off the air for a majority of its license term. In June of 2021, Snake River Radio, LLC, applied to renew the license of KPCQ (AM) in Chubbuck, Idaho. However, the FCC’s review of the application and station records found that the station had...… Continue Reading

On February 2, 2022, FCC nominee Gigi Sohn was to attend a nomination hearing, but after Democratic Senator Ben Ray Lujan of New Mexico suffered a stroke, the Senate Commerce Committee rescheduled Sohn’s hearing. The rescheduled nomination hearing will be on February 9, 2022, and will likely address concerns over Sohn’s former position on the...… Continue Reading

Today, the FCC released a Report and Order (Order), updating the political programming and recordkeeping rules for broadcast licensees, cable television system operators, Direct Broadcast Satellite (DBS) service providers, and Satellite Digital Audio Radio Service (SDARS) licensees. The Order revises the definition of “legally qualified candidate for public office” to add the use of social...… Continue Reading

On March 2, 2020, Virginia Governor Ralph Northam signed the Virginia Consumer Data Protection Act (“VCDPA”) into law, making Virginia only the second state to enact such comprehensive data protection legislation (after California). The law itself becomes effective on January 1, 2023 and will be codified at Virginia Code §59.1-571. The VCDPA applies to all...… Continue Reading

On Friday, January 14, 2022, the FCC voted to adopt a Report and Order and Further Notice of Proposed Rulemaking that provides detailed guidance for a long-term internet discount program: the Affordable Connectivity Program. The new rules take effect upon publication in the Federal Register, or after the appropriate publication period has passed – either...… Continue Reading

FCC License renewal applications and associated EEO Program Reports are due on or before Tuesday, February 1st for radio licensees located in New Jersey and New York and television licensees in Kansas, Nebraska, and Oklahoma. 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...… Continue Reading

Effective at 5 p.m. EST today, Wednesday, January 12, the FCC’s Media Bureau will no longer accept filings in the Consolidated Database System (CDBS). This move by the Media Bureau is part of the ongoing transition to the Licensing and Management System (LMS) database. The Media Bureau’s sunsetting of CDBS filings will be permanent. The...… Continue Reading

The January 31, 2022 deadline for filing your annual minimum fee and related statement of account with SoundExchange under the webcasting statutory licenses under 17 U.S.C. § 112 and 114 allowing radio broadcasters and others to stream sound recordings (the “statutory licenses”) is just around the corner. The easiest way to pay this fee is to...… Continue Reading

On January 27, 2022, the FCC will hold its monthly open meeting. The meeting will address increasing the transparency of internet access service providers, amending the definition of a library to clarify that Tribal libraries are eligible for support from the E-Rate program, and resolving issues associated with white space devices and databases. The most...… Continue Reading

The Federal Communications Commission (“FCC” or the “Commission”) has issued a Notice of Apparent Liability proposing to fine Beasley Media Group Licenses, LLC $20,000.00 after KDWN(AM) in Las Vegas, Nevada apparently transmitted Emergency Alert System (“EAS”) Tones during one of its radio shows – without there being an actual emergency, EAS test, or PSA. Broadcasters...… Continue Reading

On Tuesday December 12, the Senate voted 68 to 31 confirming Jessica Rosenworcel for a third five-year term. The vote came just weeks before her term ended and officially confirmed Rosenworcel as the first female chair of the FCC in the 86-year history of the agency. Although the confirmation of Rosenworcel blocked the GOP from...… Continue Reading

Last Friday, the Federal Communications Commission released a Public Notice listing radio and television licensees from whom the FCC has accepted applications for license renewal filed on or before the December 1 deadline. Radio licensees located in Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont and television licensees in Colorado, Minnesota, Montana, North Dakota,...… Continue Reading

Recently, many broadcasters have been discovering that their stations’ on-line public file hyperlinks are failing to connect. We have learned that this is likely due to recent modifications to the FCC’s internal servers. The hyperlinks currently direct viewers to a webpage that reads as follows: “We’re Sorry. We couldn’t find the page you were looking...… Continue Reading

On Thursday, November 18, 2021, the FCC will host its November Open Meeting. The headlining item this month addresses the ability to text 988, the National Suicide Prevention Lifeline 3-digit number. The FCC adopted an item that assigned 988 as the National Suicide Prevention Lifeline and required certain providers to support calling to that number...… Continue Reading

The Federal Communications Commission has continued to show its commitment to digital equity by committing $1.1 billion to schools and libraries in the second wave of the $7.17 billion Emergency Connectivity Fund (ECF) program. This funding supports off-premises educational needs in all 50 states, the District of Columbia, Puerto Rico, Guam, and the Virgin Islands....… Continue Reading

The FCC’s Advisory Committee on Diversity and Digital Empowerment (ACDDE) has been rechartered and rebranded as the Communications Equity and Diversity Council (CEDC). Fletcher Heald partner Frank Montero served on the ACDDE in the early 2000s when it was first established. The overall mission for the CEDC is to expand on the work done by...… Continue Reading

This month, President Biden has finally announced nominations for FCC Chair in Jessica Rosenworcel and for the open Democratic seat on the FCC in Gigi Sohn, respectively. The President also announced his nomination of Alan Davidson for Director of the National Telecommunications and Information Administration at the Department of Commerce. With the dual FCC nominations,...… Continue Reading

FCC License renewal applications and associated EEO Program Reports are due on or before Wednesday, December 1st for radio licensees located in Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont and television licensees in Colorado, Minnesota, Montana, North Dakota, and South Dakota. Radio and television stations must file renewals regardless of commercial or noncommercial...… Continue Reading

Upcoming FCC Broadcast and Telecom Deadlines for December – February December 1, 2021 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...… Continue Reading

It’s that time of (every other) year again – The FCC announced that the filing window has opened and Biennial Ownership reports are due Wednesday, December 1st 2021. Every odd-numbered year, the FCC collects information about the owners of commercial and noncommercial licensees of broadcast stations. The FCC collects this data to ensure that the...… Continue Reading

On April 21, 2021, the FCC released a Public Notice announcing an upcoming filing window to submit applications for new noncommercial educational (NCE) FM station construction permits. The filing window will open at 12:01 am EDT on Tuesday, November 2, 2021, and close at 6:00 pm EST on Tuesday, November 9, 2021. (Applications filed in...… Continue Reading

Broadcast Deadlines: April 1, 2021 Radio License Renewal Applications Due – Applications for renewal of license for radio stations located in Texas must be filed in Licensing and Management System (LMS). These applications must be accompanied by Schedule 396, the Broadcast Equal Employment Opportunity Program Report (EEO), also filed in LMS, regardless of the number...… Continue Reading

On March 23, 2021, the Kansas Corporation Commission (“KCC”) issued a long-awaited Order resolving jurisdictional and other issues surrounding interconnection and porting issues between Voice over Internet Protocol (“VoIP”) providers and rural local exchange carriers (“LECs”) in Kansas. VoIP providers and rural LECs in Kansas have had a long‑running and contentious battle regarding number porting...… Continue Reading

For over a year, COVID-19 has created immeasurable change to our way of life and the global economy. By now, you have probably already heard of or dealt with contractual disputes—from advertising to insurance and many other fields—related to non-performance caused by the pandemic. While many cases are still being litigated, it is important to...… Continue Reading

Washington, DC – The Members of telecommunications, media, and technology law firm Fletcher, Heald & Hildreth, PLC are proud to announce that they have elected Thomas F. Urban II as a Member of the Firm effective immediately. Joining the firm in January 2020, Mr. Urban had an impactful first year with his active litigation practice,...… Continue Reading

As readers of CommLawBlog know, the Federal Communications Commission (“FCC” or the “Commission”) has reallocated the lower portion of the C-Band used for satellite communications and auctioned that portion of the spectrum for wireless services. In connection with that auction, operators of C-Band Fixed Satellite Service (FSS) earth stations will have to modify their operations...… Continue Reading

Broadcast Deadlines: March 12, 2021 NPRM: Permit FM Booster Stations to Transmit Geo-Targeted Content – Reply Comments are due in response to the Federal Communications Commission (“FCC” or the “Commission”) Notice of Proposed Rulemaking with regard to possible changes to the booster station rules that could enable FM broadcasters to use FM booster stations to...… Continue Reading

For over a year, COVID-19 has created immeasurable change to our way of life and the global economy. By now, you have probably already heard of or dealt with contractual disputes—from advertising to insurance and many other fields—related to non-performance caused by the pandemic. While many cases are still being litigated, it is important to...… Continue Reading

On December 10, 2020, the Federal Communications Commission (“FCC” or the “Commission”) released a Report and Order that is intended to encourage further deployment of the ATSC 3.0 Next Generation Television Standard (ATSC 3.0), and particularly to facilitate the expansion of new and innovative ancillary and supplementary “Broadcast Internet” services by noncommercial educational (NCE) stations....… Continue Reading

For nearly a year, the world has battled a pandemic defined as Coronavirus-19 or COVID-19. This virus has caused enormous damage worldwide in terms of human life, health, and economic devastation. This destruction has been acutely felt here in the United States, with the death of hundreds of thousands of Americans and the long-term illness...… Continue Reading

It’s that time of year again when the biggest event in professional football triggers all sorts of questions from broadcasters and advertisers about how that event may be mentioned in broadcast programming. You guessed it: I’m talking about the Super Bowl. Most people have undoubtedly heard the Super Bowl referred to as “the Big Game”...… Continue Reading

Broadcast Deadlines: February 1, 2021 Radio License Renewal Applications Due – Applications for renewal of license for radio stations located in Kansas, Nebraska, and Oklahoma must be filed in the Licensing and Management System (“LMS”). These applications must be accompanied by Schedule 396, the Broadcast Equal Employment Opportunity (“EEO”) Program Report, also filed in LMS,...… Continue Reading

Capitol Hill Although President Trump criticized the final $900 billion COVID-relief legislative package (containing both COVID-relief and an omnibus spending bill that averted a government shutdown) for providing too little financial relief to Americans and too much wasteful spending, on December 27 he signed the package into law. Regarding the $7 billion broadband spending component...… Continue Reading

Washington, DC – Telecommunications, media, and technology law firm Fletcher, Heald & Hildreth, P.L.C. (FHH) is pleased to announce that Davina Sashkin has been elected to serve as as Co-Managing Member of the Firm effective January 1. 2021. Ms. Sashkin joins current Co-Managing Members Matthew H. McCormick and Dan A. Kirkpatrick in overseeing the Firm’s...… Continue Reading

Broadcast Deadlines: January 30, 2021 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 2020 that were specifically designed to serve the educational and...… Continue Reading

The Federal Communications Commission (“FCC” or the “Commission”) took a significant step forward this month in concretizing its program for extirpating equipment from the country’s communications networks that poses a threat to national security. The Commission’s Order in large part implements the objectives of the Secure and Trusted Networks Act of 2019 (the “Secure Networks...… Continue Reading

Yesterday, the Federal Communications Commission’s (“FCC”) Enforcement Bureau released three Notices of Illegal Pirate Radio Broadcasting to multiple New York City-based property managers for housing an unlicensed radio broadcasting operation. In conjunction with the notices, the FCC issued an Order – without the typical notice and comment procedures – implementing the Preventing Illegal Radio Abuse Through Enforcement Act (“PIRATE...… Continue Reading

Over the last few weeks, attorneys Bob Winteringham, Dan Kirkpatrick, and Frank Montero have presented a series of compliance webinars for the National Education Telecommunications Association as a part of their course entitled “Navigating Common Compliance Matter,” which covered important compliance topics for broadcast stations. Those webinar topics include: Corporation for Public Broadcasting compliance...… Continue Reading