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Updated 2024-11-21 15:00
No National Test this Year for FEMA’s Integrated Public Alert & Warning System
The Federal Emergency Management Agency (“FEMA”) has announced that it will not conduct a national test of the Integrated Public Alert and Warning System (“IPAWS”) via the broadcast Emergency Alert System (“EAS”) and Wireless Emergency Alert (“WEA”) system this year. As we have written about in the past, EAS tests are sometimes postponed due to...… Continue Reading
The FCC Releases Reconsideration of Procedures for Conversion from ATSC 1.0 to 3.0
The Federal Communications Commission (“FCC”) has issued a Second Report and Order and Order on Reconsideration, largely leaving intact the rules it adopted in 2017 authorizing television broadcast stations to implement the ATSC 3.0 technical standard, now known as “NextGen” TV. Full Power and Class A TV stations converting to NextGen must continue to simulcast...… Continue Reading
Selected New Developments in Broadband – through June 16
Selected New Developments in Broadband – through June 16 Capitol Hill The Trump Administration has again voiced support for a $2 trillion stimulus and infrastructure package (that would presumably have a broadband component), but Senate Republicans are not there yet. In May, the House passed the Democrats’ multi-trillion dollar Heroes Act on a party-line vote....… Continue Reading
Update: June 15 Comment Deadline for C-Band Satellite Rebanding Expenses
On June 9, we posted a discussion of the FCC’s invitation to comment on cost reimbursements for C-Band satellite rebanding expenses. We noted a short comment deadline, with Comments due Tuesday, June 16. Today, the FCC published a correction in the Federal Register, moving the Comment deadline back to Monday, June 15. We are not sure that...… Continue Reading
FCC Issues Ruling, Seeks Comments, to Facilitate Implementation of ATSC 3.0 “Broadcast Internet”
Three years ago, the FCC authorized deployment of a new IP-based broadcast TV standard, ATSC 3.0, with the hopes that TV broadcasters would implement innovative new data transmission services. That has not yet happened to any significant extent; so today the FCC voted to issue a Declaratory Ruling (“Ruling”) that it hopes will remove what...… Continue Reading
FCC Invites Comment on Cost Reimbursements for C-Band Satellite Rebanding Expenses
As is well known, the Federal Communications Commission (“FCC”) has decided to truncate the C-band satellite downlink band (3.7-4.2 GHz) from a bandwidth of 500 MHz to 200 MHz, with the other 300 MHz to be auctioned for terrestrial wireless services. Earth station (satellite dish) operators who have licensed or registered their dishes will be...… Continue Reading
Upcoming FCC Broadcast and Telecom Deadlines for June – August
Broadcast Deadlines: June 1, 2020 Radio License Renewal Applications Due – Applications for renewal of license for radio stations located in Michigan and Ohio 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, regardless...… Continue Reading
FCC Invites Comments on its Attempts to Stop Scam Calls
On May 6, 2020, we wrote about several steps taken by the Federal Communications Commission (“FCC”) to deter robocalls, implementing new authority given by Congress last year in the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (“TRACED Act”). In addition to adopting several new rules to be effective immediately, the FCC invited comments...… Continue Reading
FCC Adopts Order to Realign the 900 MHz Band
On May 13, 2020, the Federal Communications Commission (“FCC”) adopted on circulation a Report and Order (“Order”) during its open meeting that would transform the 900 MHz band to enable broadband deployment. We wrote an article about the proposed changes last month. That article is still relevant as the draft report was adopted essentially as...… Continue Reading
Extended Comment Deadlines for Regulation of RF Emissions in Higher Frequency Bands
On January 9, 2020, we blogged about a Federal Communications Commission (“FCC”) decision resolving many of the issues that it had been considering with respect to limits on exposure of human beings to radiofrequency (“RF”) energy. The FCC also invited comments as to whether it should extend its regulation of RF emissions from the present range...… Continue Reading
The FCC Announces Major Changes to the Broadcast Local Public Notice Rule
On May 13, 2020, the Federal Communications Commission (“FCC” or the “Commission”) released a Report and Order (“Order”) announcing major changes to the local public notice obligations for broadcast applications. The Order eliminates the obligation to publish a public notice of certain broadcast applications in newspapers. Instead, applicants must now publish such notices online with...… Continue Reading
Comment Deadlines Established for Relaxation of DTS Restrictions
On April 2, 2020, we wrote about proposals by the Federal Communications Commission (“FCC”) to relax restrictions on Distributed Antenna Systems (“DTS”) for full-power television stations and to make DTS newly available to Class A and Lower Power Television stations. The proposals have now been published in the Federal Register, establishing deadlines for Initial Comments on June...… Continue Reading
FCC Lobs More Fireballs at Robocallers and Spoofers
The Federal Communications Commission (“FCC”) has taken several steps in recent years to deter robocalls of all kinds, with some success, but not enough to give us poor ordinary folks the telephone peace and quiet for which we yearn. Last year, Congress passed the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (“TRACED Act”),...… Continue Reading
FCC Waives Some Broadcast EEO Requirements for Rehires
As part of its efforts to provide relief to broadcasters reeling from the coronavirus pandemic, the Federal Communications Commission (“FCC”) has announced a limited waiver of recruitment requirements for the re-hiring of employees who were laid off as a direct result of COVID-19 economic conditions. Under normal conditions, radio and TV broadcast station employment units...… Continue Reading
FCC Announces Full Electronic Filing Capability
This week, the Federal Communications Commission (“FCC”) released a Public Notice that announced 100 percent electronic filing capability for license applications in the Wireless Radio Services. Accordingly, the filing of all wireless license applications via the Wireless Telecommunication Bureau’s online Universal Licensing System (ULS), or the FCC’s Electronic Comment Filings System (ECFS), will become mandatory...… Continue Reading
FCC to Allow Creation of a New 900 MHz Broadband Band
The Federal Communications Commission (“FCC” or the “Commission”) has released a draft Order which is likely to be adopted at the Commission‘s May 13 meeting. The order would bring to an end a long process spearheaded by Anterix (formerly PDV) to gather up and reshuffle the now untidily interleaved narrowband and Specialized Mobile Radio (SMR)...… Continue Reading
New LPFM Rules Adopted as Anticipated
On April 16, 2020, we wrote about new rules governing applications for and the operation of Low Power FM (“LPFM”) radio stations that were scheduled for adoption by the Federal Communications Commission (“FCC”) at its monthly meeting on April 23. The new rules were indeed adopted, although by written vote of the Commissioners the day...… Continue Reading
Upcoming FCC Broadcast and Telecom Deadlines for May – July
Broadcast Deadlines: May 4, 2020 FM Boosters and Hyper-local Broadcasting – Comments are due with regard to a petition for rulemaking by GeoBroadcast Solutions LLC asking the Federal Communications Commission (“FCC” or the “Commission”) to permit radio broadcasters to use single frequency network (SFN) technology to provide hyper-local programming, emergency alerting, and advertising. TV White...… Continue Reading
FCC Examining Applications for COVID-19 Telehealth and Connected Care Programs
Over the last month, the Federal Communications Commission (“FCC” or the “Commission”) has taken a flurry of COVID-19 pandemic-related actions aimed at increasing access to telehealth and making it easier for carriers to voluntarily assist K‑12 schools, libraries, and health care providers as they respond to COVID-19. Most dramatically, the Commission voted on April 2,...… Continue Reading
Free Press vs. Broadcast Journalism: Truth in the Time of the Coronavirus
The Federal Communications Commission’s (“FCC” or the “Commission”) recent rejection (FCC statement here) of a petition submitted by Free Press to demand FCC action with regard to broadcasters’ coverage of governmental statements about the COVID-19 epidemic has received a great deal of coverage. What may have escaped attention, however, is that, aside from some sharp...… Continue Reading
“Sweeps” Are Under the Rug: FCC Seeks Comment on New Metrics to Establish Significant Viewership
The Federal Communications Commission (“FCC”) has invited comments on it’s Notice of Proposed Rulemaking (“NPRM”) on whether it should update its rules that determine whether a television broadcast station is “significantly viewed” in communities outside of its Designated Market area (“DMA”) for purposes of carriage on Multichannel Video Program Distribution (“MVPD”) systems, both cable and...… Continue Reading
Low Power FM Rule Changes Slated for April 23 FCC Vote
The Federal Communications Commission (“FCC”) has released a draft of a Report and Order scheduled for a vote on April 23, looking toward making several changes in the rules governing Low Power FM (“LPFM”) radio stations. We wrote an article last year when the rules were proposed. Not all the requests for rule changes will...… Continue Reading
Corrected Comment Deadlines for Regulation of RF Emissions in Higher Frequency Bands
On January 9, 2020, we blogged about a Federal Communications Commission (“FCC”) decision resolving many of the issues that it had been considering with respect to limits on exposure of human beings to radiofrequency (“RF”) energy. The FCC also invited comments as to whether it should extend its regulation of RF emissions from the present range of...… Continue Reading
Effective Date of Truth-in-Billing Statute Deferred
Last year, a new law, the Television Viewer Protection Act of 2019 (“TVPA”), was enacted, requiring Multichannel Video Programming Distributors (“MVPDs”) and providers of fixed broadband services to disclose all charges that a consumer will have to pay before he or she signs up for service. The statute requires compliance by June 20, 2020, but...… Continue Reading
FCC Continues Fines for Improper Use of EAS Signals
The Federal Communications Commission (“FCC” or the “Commission”) remains consistent in its enforcement of fines for the improper use of Emergency Alert System (“EAS”) tones. On April 7, 2020, the Commission released a Notice of Apparent Liability for Forfeiture (the “Notice”) proposing to levy a $20,000 fine against Entercom License, LLC (Entercom) station WNEW-FM for...… Continue Reading
Is Hyper-Local FM Radio Coming?
A company called GeoBroadcast Solutions, LLC, has filed a petition for rulemaking with the Federal Communications Commission (“FCC”), to allow FM radio stations to operate on-channel boosters that do not entirely duplicate the content of the main station. The idea is to allow each booster to insert local content intended for just the portion of...… Continue Reading
TV Stations Granted Limited Waiver to Pre-Empt Children’s Programming to Air Local Events in Support of Social Distancing
The Federal Communications Commission’s (“FCC”) Media Bureau announced today that from now until April 30, 2020, full power and Class A TV stations may pre-empt children’s television programming to broadcast live or same-day, recorded community events to enable the public to view those events without attending in person, in furtherance of the “social distancing” advocated...… Continue Reading
FCC Waives Sponsorship Identification for Sponsored COVID-19 PSA’s
The Federal Communications Commission (“FCC”) has announced a waiver of broadcast sponsorship identification requirements concerning air time donated by commercial advertisers for public service announcements (“PSAs”) provided by the Centers for Disease Control and Prevention (“CDC”) and other government agencies addressing the COVID-19 emergency. Sections 317(a) of the Communications Act and 73.1212(a) of FCC’s Rules...… Continue Reading
You May Get Some More Robocalls, Thanks to COVID-19 – But Maybe Not So Much
On March 25, 2020, we blogged that the Federal Communications Commission (“FCC”) had issued a Declaratory Ruling under the Consumer Protection Act (“TCPA”), that the coronavirus pandemic constitutes an “emergency” which invokes a statutory exception permitting certain kinds of robocalls to be made and texts sent without the consent of the recipient. Since that date,...… Continue Reading
STIR/SHAKEN – Dial Another Day
With the new James Bond film delayed until the end of the year, the FCC has something to tide everyone over: STIR/SHAKEN – the SIP-based caller ID authentication process. Last year, Congress passed the Traced Act, which required the Federal Communications Commission (“FCC”) to require caller ID authentication within 18 months of the Traced Act’s...… Continue Reading
Dates Announced for Comments on Regulation of RF Emissions in Higher Frequency Bands
On January 9, 2020, we blogged about a Federal Communications Commission (“FCC”) decision resolving many of the issues that it had been considering with respect to limits on exposure of human beings to radiofrequency (“RF”) energy. The FCC also invited comments as to whether it should extend its regulation of RF emissions from the present...… Continue Reading
Update: Comment Deadlines Available for Proposal to Drop Cable TV Public File Reports of Interest in Video Programming Services
On March 16, 2020, we wrote that the Federal Communications Commission (“FCC”) has proposed to eliminate the rule that requires cable television systems to post in their online public inspection file (“OPIF”) information about the nature and extent of their attributable interests in video program services and which of those services they own are carried on...… Continue Reading
DTS: More or Less, What’s Your Guess?
The Federal Communications Commission (“FCC”) has issued a Notice of Proposed Rulemaking looking toward relaxing restrictions on Distributed Antenna Systems (“DTS”) for full-power television stations and making DTS newly available to Class A and Lower Power Television (“LPTV”) stations. With DTS, a TV station installs multiple transmitters at separate sites. Each transmitter operates on the...… Continue Reading
Auction 105 for the 3.5 GHz Band Delayed
In a Public Notice released last week, the Federal Communications Commission (“FCC”) announced a delay in Auction 105 for the 3.5 GHz band due to COVID-19. Short-form applications will now be due on May 7, 2020 and the auction for priority licenses will take place on July 23, 2020. Here is the complete list of...… Continue Reading
FCC Extends Some April Broadcast Deadlines in Light of COVID-19
In a Public Notice released today, the Federal Communications Commission (“FCC”) announced extensions to certain April deadlines for broadcasters: Children’s Television Annual Report As discussed in our previous CommLawBlog post on the subject, the first annual Children’s Television Report (covering the period from September 16, 2019-December 31, 2019) was already extended to a March 30...… Continue Reading
FCC to Stations: Giving Away Spots Doesn’t Necessarily Have to Cost You When Candidates Come to Buy Time
One of the outcomes of the COVID-19 crisis – according to reports from many radio and televisions stations – has been a precipitous drop in spot sales and customers cancelling existing advertising contracts, leaving lots of airtime to fill. To fill that time, and to help other struggling businesses, some broadcasters have responded by offering...… Continue Reading
You May Get Some More Robocalls, Thanks to COVID-19
I hate them, you hate them, we all hate robocalls with a passion (commonly used four-letter descriptions omitted here). But the Federal Communication Commission (“FCC”) had good reason last week to issue a Declaratory Ruling that under the Telephone Consumer Protection Act (“TCPA”), the coronavirus pandemic constitutes an “emergency” which invokes a statutory exception permitting...… Continue Reading
FM Auction 106 Postponed Indefinitely
As we have seen over the past two weeks, COVID-19 has taken up the Federal Communications Commission’s (“FCC”) time and attention, with other duties and proceedings getting pushed back. That list of impacted proceedings will now include FM Auction 106, which has been postponed indefinitely via a Public Notice released today. Applicants who submitted upfront...… Continue Reading
Upcoming FCC Broadcast and Telecom Deadlines for April – June
Broadcast Deadlines: April 1, 2020 Radio and Television License Renewal Pre-Filing Announcements – Radio stations licensed in Michigan and Ohio, as well as TV stations licensed in Maryland, District of Columbia, Virginia, West Virginia, must begin broadcasts of their pre-filing announcements concerning their applications for a license renewal. These announcements must be continued on April...… Continue Reading
Reminder: Children’s TV Report Filing Due March 30
We remind all full power and Class A television stations that the first annual Children’s Television Report, replacing previous quarterly reports, must be filed by March 30, 2020. The due date is March 30, not April 10, which is when a quarterly report would have been due under the old schedule. This first report must...… Continue Reading
Reminder: Children’s TV Report Filing Due March 30
We remind all full power and Class A television stations that the first annual Children’s Television Report, replacing previous quarterly reports, must be filed by March 30, 2020. The due date is March 30, not April 10, which is when a quarterly report would have been due under the old schedule. This first report must...… Continue Reading
Coronavirus News to Share? FCC Won’t Ensnare
The Federal Communications Commission (“FCC”) has issued a Public Notice assuring radio and TV stations that they may share news content and news-gathering resources on an emergency or ad hoc basis during the coronavirus crisis without reducing their arrangements to writing or putting them in their online public inspection file (“OPIF”) as “shared service” agreements...… Continue Reading
FCC Takes Initial Steps to Expand Broadband Capabilities to Combat COVID-19
In response to the Coronavirus Pandemic, the Federal Communications Commission (“FCC”) has secured pledges from a growing list of major and minor broadband players to loosen billing rules and provide free access to existing public Wi-Fi hotspots. Some carriers are also waiving data caps. With increased reliance on telework as offices send workers home, online...… Continue Reading
Homeland Security Issues Access Letter to Broadcasters and Telecoms
Earlier this week, the Cyber and Infrastructure Security Agency, an agency within the Department of Homeland Security (DHS), issued multiple letters that will provide the bearer access to: restricted areas and times (such as during curfews) if necessary to access communications equipment to ensure continued service; and priority access to fuel for generators and debris...… Continue Reading
A Statement on COVID-19 from Fletcher, Heald & Hildreth, PLC
As COVID-19 continues to challenge our nation, we at Fletcher, Heald & Hildreth PLC are taking action to ensure the health and safety of our team and their loved ones. Starting tomorrow, March 18, 2020, all staff will transition to telework. FHH attorneys and staff are reachable via email and their office telephone numbers and...… Continue Reading
FCC Invites Comment on Extending Deadline for Total Price Disclosure for MVPD Services
The Federal Communications Commission (“FCC”) has invited comments as to whether it should grant a six-month extension of time for Multichannel Video Program Distributors (“MVPDs”) to comply with the “Right to Transparency” provisions of the Television Viewer Protection Act of 2019 (“TVPA”). This proceeding will be a quick one, with Comments due April 6, and...… Continue Reading
FCC Proposes to Drop Cable TV Public File Reports of Interest in Video Programming Services
The Federal Communications Commission (“FCC”) has proposed to eliminate the rule that requires cable television systems to post in their public file information about the nature and extent of their attributable interests in video program services and which of those services they own are carried on their system. Cable operators have acquired ownership interests in...… Continue Reading
TV Must-Carry/Retransmission Consent Elections Must Be Made This Year: Election Notification System Will Now Be All Electronic
In Report and Orders released in July of 2019 and February of 2020, the Federal Communications Commission (“FCC”) has converted the system for television broadcast stations to notify multichannel video program distributors (“MVPDs”), of their election of must-carry or retransmission status from paper sent by certified mail to electronic notices posted on the FCC’s website,...… Continue Reading
Prepare Your Station to Notify the FCC of a Rebroadcast or Prepare to Be Fined
The Federal Communications Commission (“FCC” or the “Commission”) ordered an FM translator owner to pay a fine of $2,000 for rebroadcasting a primary station without notifying the FCC. According to the forfeiture order released March 2, 2020, Carolina Radio Group Inc. – licensee of FM Translator station W225DF in Raleigh, North Carolina – rebroadcast station...… Continue Reading
Upcoming FCC Broadcast and Telecom Deadlines for March – May
Broadcast Deadlines: March 9, 2020 All-Digital AM Broadcasting – Comments are due in response to the Federal Communication Commission’s (“FCC” or the “Commission”) Notice of Proposed Rulemaking seeking input on a proposal to allow AM broadcasters to broadcast an all-digital signal using the HD Radio in-band on-channel (IBOC) mode known as MA3. March 30, 2020...… Continue Reading
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