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Category Archives: FCC Fines

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FCC Reminder to Video Programming Distributors – Including Broadcasters – on Accessibility Obligations

Posted in Emergency Communications, FCC Fines, Television
With the recent hurricanes and last night’s tragedy in Las Vegas, the FCC Public Notice issued last week reminding all video programmers of the importance of making emergency information accessible to all viewers seems very timely. The public notice serves as a good refresher on all of the obligations of video programmers designed to make… Continue Reading

October Regulatory Dates for Broadcasters – Quarterly Issues Programs and Children’s Television Reports, EEO Obligations, Repacking Reports and More

Posted in AM Radio, Children's Programming and Advertising, EEO Compliance/Diversity, FCC Fines, FM Radio, FM Translators and LPFM, General FCC, Incentive Auctions/Broadband Report, License Renewal, Multiple Ownership Rules, Programming Regulations, Public Interest Obligations/Localism, Television
The beginning of a calendar quarter always brings numerous regulatory obligations, and October is one of those months with a particularly full set of obligations. All full-power broadcasters, commercial and noncommercial, must complete their Quarterly Issues Programs Lists and place these reports into their public inspection files by October 10. These reports are the FCC’s… Continue Reading

FCC Proposes $144,344 Fine on Pirate Radio Operator and His Landlord

Posted in FCC Fines, FM Radio, General FCC
Yesterday, the FCC adopted a Notice of Apparent Liability proposing to fine three individuals $144,344 for operating a pirate radio station in North Miami, Florida.  One individual is alleged to have programed and operated the station while the other two are a husband and wife who owned the property from which the station transmitted. The… Continue Reading

Update: FCC Adopted Notice of Proposed Rulemaking to Eliminate the Requirement that Licensees Maintain Paper Copy of the Rules

Posted in FCC Fines, FM Translators and LPFM, General FCC, Low Power Television/Class A TV
At its meeting yesterday, as promised, the FCC adopted a notice of proposed rulemaking to eliminate the rule that certain classes of FCC licensees maintain a paper copy of the FCC rules. We wrote about the draft NPRM here, which the FCC substantially adopted. Under current rules, licensees of LPTV, TV and FM translator, and… Continue Reading

FCC Issues Draft Proposal To Revoke Rule Requiring Physical Copy of FCC Rules at All Broadcast Stations

Posted in AM Radio, FCC Fines, FM Radio, General FCC, Television
We yesterday wrote about Chairman Pai’s promise to start the process of modernizing media regulation by abolishing a simple but outdated rule – one requiring that each broadcast station have a physical copy of the FCC rules on the station premises. Yesterday, the FCC released a draft of their Notice of Proposed Rulemaking to implement… Continue Reading

More and More Actions on Pirate Radio – What is Next?

Posted in FCC Fines, FM Radio, Programming Regulations
It seems like virtually every day, the FCC announces that it has sent numerous Notices to pirate radio operators warning them that their operations are illegal and that, if the operations do not cease, legal penalties may follow. Yesterday, the FCC released ten such Notices, including ones sent to operators of pirate radio stations themselves… Continue Reading

$17,500 Settlement by TV Broadcaster for Not Identifying Educational and Informational Children’s Programming – Reminder that the FCC is Still in the Enforcement Business

Posted in Children's Programming and Advertising, FCC Fines, License Renewal, Programming Regulations, Television
The FCC announced a Consent Decree with a New Jersey TV station where the licensee agreed to make a $17,500 payment to the US Treasury for failing to identify “core” educational and informational programming directed to children with the required “E/I” symbol on the programming itself. This programming was, according to the consent decree, run… Continue Reading

Proposed $66,000 Fine Reminds Broadcasters to Prepare for September Nationwide EAS Test

Posted in Emergency Communications, FCC Fines
FEMA (the Federal Emergency Management Agency) has notified the FCC that it will be conducting the next nationwide test of the EAS system on September 27, 2017 (with a back-up date of October 4, 2017 – in the event potential real emergencies make the earlier date one that could cause confusion). The FCC has updated… Continue Reading

FCC’s Elimination of the Requirement that Letters From the Public be Kept in a Broadcaster’s Public Inspection File Effective Today

Posted in AM Radio, FCC Fines, FM Radio, Programming Regulations, Public Interest Obligations/Localism, Television
Today, the order eliminating the requirement that broadcasters maintain in a paper public inspection file copies of letters and emails to their stations about station operations becomes effective. While the FCC abolished the requirement back in January, one of the first deregulatory actions of the new Chairman (see our article on that decision here), the… Continue Reading

Modernization of Media Regulation – What Rule Changes Should Broadcasters be Requesting?

Posted in EEO Compliance/Diversity, FCC Fines, FM Radio, General FCC, Multiple Ownership Rules, Political Broadcasting, Programming Regulations, Public Interest Obligations/Localism, Television
It is not every year that the FCC seriously asks broadcasters for suggestions as to what rules it should abolish or modify, but that is exactly what the FCC is doing in its Modernization of Media Regulation proceeding (about which we wrote here and here). Comments due the week after next, on July 5, and… Continue Reading

Comments on FCC Proposal to Abolish Broadcast Main Studio Rule Due July 3

Posted in AM Radio, FCC Fines, FM Radio, Public Interest Obligations/Localism, Television
In today’s Federal Register, the FCC has given notice of its proposal to abolish the main studio rule.  That notice, here, sets the date for comments on this proposal as July 3.  Reply comments are due two weeks later on July 17.  We wrote about the FCC’s proposal and the questions being asked in this… Continue Reading

TV Station Agrees to $55,000 Payment for EAS Tones Used in Promotional Announcement

Posted in Emergency Communications, FCC Fines
The FCC yesterday announced a consent decree with TEGNA, the licensee of a television station in Jacksonville, Florida, which used simulated EAS tones in a promotional announcement for the Jacksonville Jaguars football team. According to the consent decree, the station ran the announcement only 4 times. It was apparently produced by the team and inserted… Continue Reading

FCC Officially Starts Proceedings to Abolish Main Studio Rule and Review All Other Broadcast Rules

Posted in AM Radio, FCC Fines, General FCC, Multiple Ownership Rules, Programming Regulations, Public Interest Obligations/Localism, Television
As expected, at its monthly open meeting yesterday, the FCC started two proceedings of particular importance to broadcasters. The first looks at the abolition of the main studio rules. The second asks for comments on all of the other rules affecting broadcasters and other media companies to see which are ripe for appeal. For the… Continue Reading

5 Questions on the Meaning of the FCC’s Recent Ruling on Online Recruiting – How Does it Change a Broadcaster’s EEO Obligations?

Posted in AM Radio, EEO Compliance/Diversity, FCC Fines, FM Radio, Television
The FCC recently issued a declaratory ruling (which we summarized here) addressing the requirement that broadcasters widely disseminate information about all of their job openings in such a way as to reach all of the groups within their communities. The recent FCC decision stated that a broadcaster can now rely solely on online sources to… Continue Reading

Making Good on Deregulation – FCC Proposes to Eliminate Main Studio Rules and Review All Other Broadcast Regulatory Requirements

Posted in AM Radio, FCC Fines, FM Radio, General FCC, Low Power Television/Class A TV, Public Interest Obligations/Localism, Television
In his speech at the NAB Convention (available here), Chairman Pai promised to pursue a broadcast regulatory regime that made sense in today’s competitive media environment. He promised to move quickly to eliminate a number of the unnecessary broadcast rules, and specifically to repeal the main studio rule (see our articles here and here about… Continue Reading

Plan Your April Fools’ Day On-Air Pranks with the FCC in Mind

Posted in AM Radio, FCC Fines, FM Radio, Programming Regulations, Public Interest Obligations/Localism
With April Fools’ Day only a few days away, we need to play our role as attorneys and ruin the fun by repeating our annual reminder that broadcasters need to be careful with any on-air pranks, jokes or other bits prepared especially for the day.  While a little fun is OK, remember that the FCC does have a… Continue Reading

What’s Up for Broadcasters in Washington Under the New Administration – A Look Ahead at TV and Radio FCC Issues for the Rest of 2017

Posted in AM Radio, EEO Compliance/Diversity, FCC Fines, FM Radio, FM Translators and LPFM, General FCC, Incentive Auctions/Broadband Report, Indecency, Multiple Ownership Rules, Noncommercial Broadcasting, Political Broadcasting, Programming Regulations, Television
A new President and a new Chair of the FCC have already demonstrated that change is in the air in Washington. Already we’ve seen Chairman Pai lead the FCC to abolish the requirement that broadcasters maintain letters from the public about station operations in their public file (which will take effect once the Paperwork Reduction… Continue Reading

FCC Releases First EEO Audit for 2017 – Over 200 Radio and Almost 80 TV Stations Named in the Audit Notice

Posted in AM Radio, EEO Compliance/Diversity, FCC Fines, FM Radio, Television
In the swirl of news about the deregulatory efforts of the new FCC, one could almost forget that there are still many regulations in place that require significant amounts of paperwork retention by broadcasters. That point was hammered home yesterday, when the FCC released its first EEO audit letter of 2017 for radio and TV… Continue Reading

FCC Sets Hearing to Determine if Station License Renewal Should Be Denied For Conducting Unsafe Contest

Posted in FCC Fines, General FCC, License Renewal
Last week, we wrote an article which received much attention, addressing the legal issues that could come up if contests are not conducted properly. One issue that we did not anticipate was reflected in an FCC order released yesterday, designating for hearing the license renewal of the Entercom Sacramento radio station that was involved in… Continue Reading

What Could Possibly Go Wrong With a Broadcast Contest? – From the Legal Side

Posted in Advertising Issues, AM Radio, FCC Fines, FM Radio, Programming Regulations, Public Interest Obligations/Localism, Television
Earlier this week, our friends at the broadcast and digital media consulting and research firm Jacobs Media posted an article on their blog called “What Could Possibly Go Wrong,” dealing with the financial and reputational issues that can arise if a contest is not fully thought out. That article reminded me of all of the… Continue Reading

Long Periods of Silence Can Jeopardize a Station’s License – $5000 Fine and Short-Term Renewal Given to a Station that had Been Silent for Extended Periods

Posted in AM Radio, FCC Fines, FM Radio, General FCC, License Renewal, Public Interest Obligations/Localism
In a decision released last week, the FCC made clear that stations that have long periods in which they are not operated (perhaps being put back into operation for a day or two every year to avoid the automatic cancellation of their licenses) are not operating in the public interest, and are putting their license… Continue Reading

August Regulatory Dates for Broadcasters – New Fees, EAS Registration Requirement, EEO Obligations and More

Posted in Broadcast Auctions, EEO Compliance/Diversity, Emergency Communications, FCC Fees, FCC Fines, Incentive Auctions/Broadband Report
As we enter the last full month of summer, when many are already looking forward to the return to the more normal routines of autumn, regulatory obligations for broadcasters don’t end. Even if you are trying to squeeze in that last-minute vacation before school begins or other Fall commitments arise, there are filing deadlines this… Continue Reading