CommLawBlog

On Tuesday, July 30th, Fletcher, Heald & Hildreth’s Frank Montero and Dan Kirkpatrick presented a webinar on the FCC license renewal process to the Florida Association of Broadcasters. They covered many steps in the renewal process including the filing of the required FCC Forms for full power radio and translator stations using the new LMS...… Continue Reading

Broadcast Deadlines: August 1, 2019: License Renewal Pre-Filing Announcements – Radio stations located in Florida, Puerto Rico, and the Virgin Islands must begin broadcasts of their pre-filing announcements with regard to their applications for renewal of the license. These announcements must be continued on August 16, September 1, and September 16. Radio Post-Filing Announcements –...… Continue Reading

On June 20, 2019, I blogged about the Federal Communications Commission’s (“FCC”) plan to vote on July 10 to relax the rules governing the Educational Broadband Service (“EBS”), including eliminating the requirement to devote part of the air time to educational purposes and opening up license eligibility to commercial entities. Sure enough, the FCC voted,...… Continue Reading

On June 7, 2019, the Federal Communications Commission (“FCC” or the “Commission”) released a Report and Order (“R&O”) revising the Commission’s rules under which independent programmers may lease cable TV channels to retransmit their programming (“Leased Access Rules”). Leased Access has rarely been used, due to concerns by both cable operators and programmers, and the...… Continue Reading

Capitol Hill We continue to expect that House Democrats will pass their “Leading Infrastructure for Tomorrow’s America Act” (LIFT America Act) infrastructure proposal, however, any deal with President Trump on infrastructure remains on hold. The House bill includes $45 billion in broadband funding – $30 billion in reverse auction funds to be administered by the...… Continue Reading

Let’s get this out of the way: this blog post is going to include an unseemly, in my mind, profane, even obscene, term. I’m just going to put it out there up front, even though I think it’s one of the worst things you can say. And no, the First Amendment doesn’t protect it. It’s...… Continue Reading

I was one of many who traveled (in my case, on foot) to the United States Supreme Court on April 22, 2019 to watch oral arguments in the case of Food Marketing Institute, Inc. v. Argus Leader. I was there because two of my clients joined an amicus brief in support of the newspaper’s fight...… Continue Reading

Broadcast Deadlines: July 3, 2019: Emergency Alert System National Test – Participants’ EAS Test Reporting System (ETRS) Form One Due – In preparation for this year’s national EAS test on August 7 at 2:20 p.m. EDT, all EAS participants must file ETRS Form One, which sets forth the EAS equipment that the participant has and...… Continue Reading

As we neared the end of the 2018-2019 Supreme Court term, I was watching with bated breath for the issuance of three opinions relevant to my work and, I assumed, to the interests of our CommLawBlog readers. The cases affected my interests in distinctly different ways: from my “extracurricular” activities to the participation of clients...… Continue Reading

Remember our article in February about the Federal Communications Commission (“FCC” or the “Commission”) eliminating a requirement for certain broadcast television and radio stations to file a Broadcast Mid-Term Equal Employment Opportunity (EEO) Report (a/k/a Form 397)? If you’re a regular CommLawBlog reader you might have noticed that fact in our monthly deadlines articles too....… Continue Reading

On May 9, 2019, the Federal Communications Commission (“FCC” or the “Commission”) issued a Report and Order in which it adopted new procedures used to resolve interference complaints against FM translator stations. We previously blogged about the proposed reforms to the complaint procedures in a May 21, 2018 article. Sections 74.1203(a) and 74.1204(f) of the...… Continue Reading

The Federal Communications Commission (“FCC”) has released a tentative Report and Order, scheduled for a vote on July 10, which, if adopted, will lift many restrictions from the Educational Broadband Service (EBS), including allowing educational institutions to sell their licenses to commercial entities and eliminating the requirement that 5% of system capacity be reserved for...… Continue Reading

The Federal Emergency Management Agency (“FEMA”) in coordination with the Federal Communications Commission (“FCC” or the “Commission”), will conduct a nationwide test of the Emergency Alert System (“EAS”) on August 7th, at 2:20 pm EDT. If conditions such as a real emergency or other unforeseen circumstances occur on the day of the test, a backup...… Continue Reading

Remember our April 4, 2019 “CALLING ALL OLDIES STATIONS!” post that alerted you to a simple form you could file to receive certain protections from potentially crippling infringement awards for unauthorized uses of sound recordings fixed before February 15, 1972 (aka “pre-72 recordings”)? That post created quite a stir. In fact, we were flooded with...… Continue Reading

The Federal Communications Commission (“FCC” or the “Commission”) on June 4 released in a Public Notice streamlined financial information instructions for full-power/Class A TV stations receiving repack reimbursement that have changed their banking information or have sold or acquired an eligible station and need to transfer the banking information to the new owner. Eligible entities...… Continue Reading

Broadband on Capitol Hill House Democrats have unveiled their $2 trillion dollar infrastructure package called the “Leading Infrastructure for Tomorrow’s America Act” (LIFT America Act). A House hearing was held May 22 with testimony from, among others, former FCC Commissioner Clyburn. The legislation includes $45 billion in broadband funding: $30 billion in reverse auction funds to...… Continue Reading

Broadcast Deadlines: June 1, 2019: License Renewal Pre-Filing Announcements – Radio stations located in North Carolina and South Carolina must begin broadcasts of their pre-filing announcements with regard to their applications for renewal of the license. These announcements must be continued on June 16, July 1, and July 16. Radio Post-Filing Announcements – Radio stations...… Continue Reading

By a Notice of Proposed Rulemaking adopted on May 9, the Federal Communications Commission (“FCC”) sought comment on whether it should open the 1675-1680 MHz band for non-federal government mobile use. This marks the very plodding next step in a process that began back in 2012 when Ligado (then still known as Light Squared) petitioned...… Continue Reading

We are very proud to congratulate our own Peter Tannenwald on being recognized by American University Radio in Washington, DC. for his many years of work with radio station WAMU, the local NPR affiliate found on 88.5 FM. Peter was presented with a ceremonial (but functioning) microphone at the WAMU Community Council meeting on May...… Continue Reading

Broadband on Capitol Hill Although optimism for a broadband infrastructure spending bill this year is fading, it is still a possibility. Senate Minority Leader Schumer (D-NY) and House Speaker Pelosi (D‑CA) plan met with President Trump today to discuss infrastructure legislation. Schumer recently said that an overall infrastructure plan (including broadband and traditional infrastructure such...… Continue Reading

Fletcher, Heald & Hildreth’s Frank Montero, Steve Lovelady, and Dan Kirkpatrick recently presented a webinar about Online Public Inspection Files (OPIFs). The webinar, in collaboration with the broadcast associations of Arkansas, Colorado, Florida, Louisiana, Mississippi, New Jersey, New Mexico, Oregon, and Tennessee in addition to the Public Radio Regional Organizations, covered a variety of topics,...… Continue Reading

Washington-area based telecommunications, media, and technology law firm Fletcher, Heald & Hildreth, P.L.C. is pleased to announce that Jeffrey A. Mitchell has joined the firm as Of Counsel. Jeffrey brings with him more than two decades of Telecommunications experience both in private practice and in multiple roles for the Universal Service Administrative Company (USAC). The...… Continue Reading

You’ll find below the list of deadlines* facing broadcasters and telecommunications providers during the upcoming months of February, March, and April. If you noted the asterisk, it’s because the government shutdown may affect many of these deadlines, either because the relevant online filing system or the required information is not accessible. If that is the...… Continue Reading

This is the promised follow up to our December 14, 2018 post regarding the compliance obligations for 2019 under the statutory licenses found in Sections 112 and 114 of the Copyright Act (the “statutory licenses”) allowing webcasters to make public performances sound recordings via digital audio transmission and to make related temporary copies of those...… Continue Reading

The matchup for the National Football League’s championship game, aka the “Super Bowl”, is set. The Los Angeles Rams will face the New England Patriots on Sunday, February 3 in Atlanta in a game that will be hard pressed to exceed either conference championship game in terms of excitement or controversy. Each of the NFC Championship,...… Continue Reading

One downside of a government shutdown—or the present partial shutdown that includes the FCC—is the inability of technology companies to obtain the FCC certifications they need to market certain kinds of new products. Good news: the FCC has reopened a website that makes it possible for most (not all) new devices to obtain their certifications....… Continue Reading