Broadcast Law Blog

Broadcast Law Blog

Category Archives: FM Radio

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Proposal Asks that Low Power FM Stations Be Given Primary Status, and Allowed to Operate Commercially

Posted in FM Radio, FM Translators and LPFM, Noncommercial Broadcasting
The FCC has asked for comments on a rulemaking proposal that would fundamentally change the way in which LPFM stations operate – proposing that they be allowed to take commercial messages (as opposed to the current limit the they operate noncommercially, only taking underwriting announcements and other noncommercial sponsorships), allowing them to be owned by… Continue Reading

FCC Chairman Details Issues Coming Soon for Broadcasters – Review of Retransmission Consent, Network Nonduplication, AM Improvements, and Contest Rules

Posted in Advertising Issues, AM Radio, Cable Carriage, Digital Radio, Digital Television, FM Radio, Programming Regulations, Television, Website Issues
In an article posted on the FCC’s blog yesterday, FCC Chairman Tom Wheeler listed four actions that would soon be coming out of the FCC to address broadcast issues. For TV, these include looking at what constitutes “good faith negotiations” in the retransmission consent context, and whether to do away with the FCC’s network nonduplication… Continue Reading

FCC Sets December 2 Deadline for Filing 2015 Biennial Ownership Reports for Commercial Broadcast Stations

Posted in AM Radio, Digital Television, EEO Compliance/Diversity, FM Radio, General FCC, Low Power Television/Class A TV, Multiple Ownership Rules, Public Interest Obligations/Localism, Television
The FCC today released an Order setting December 2 as the date for the filing of FCC Form 323 Ownership Reports by commercial broadcast stations. All commercial broadcasters must submit this report. While the report is technically supposed to be filed by November 1 every other year, that date has routinely been extended as the… Continue Reading

August Regulatory Dates for Broadcasters – While Incentive Auction Dominates the News, Other Dates to Watch

Posted in AM Radio, Cable Carriage, Digital Television, EEO Compliance/Diversity, Emergency Communications, FCC Fees, FM Radio, General FCC, Incentive Auctions/Broadband Report, License Renewal, Noncommercial Broadcasting, Programming Regulations, Public Interest Obligations/Localism
With tomorrow’s FCC meeting to detail dates and procedures for the TV incentive auction dominating the headlines, there are other August regulatory dates that should not be overlooked. While we never can get to all of the relevant dates in our monthly highlight article, here are a few items worth your consideration. For one, we… Continue Reading

Radio Music License Committee Settles Antitrust Suit Against SESAC – What Does it Mean for the Radio Industry?

Posted in AM Radio, Broadcast Performance Royalty, Digital Radio, FM Radio, Intellectual Property, Internet Radio, Music Rights
Yesterday, it was announced that the Radio Music License Committee (RMLC) settled its lawsuit with SESAC (see the press release here, and the full agreement here), where the RMLC had charged that SESAC’s practices in collecting its music royalties from the radio industry violated the antitrust laws (we wrote about the filing of the lawsuit… Continue Reading

FCC Takes Hard Line on Efforts to Keep Alive Expiring Construction Permits for Both New FM Stations and Modifications of Existing Stations

Posted in FM Radio, Public Interest Obligations/Localism
In the last month, the FCC has released two decisions dealing with efforts by holders of expiring FM construction permits to retain the rights to construct the technical facilities authorized by that permit beyond the expiration date of the permit. In one case, the FCC announced a policy that, from now on, the construction of… Continue Reading

Does a Local Business Need Licenses from ASCAP, BMI and SESAC to Play My Radio or TV Station on Their Premises?

Posted in Advertising Issues, AM Radio, Broadcast Performance Royalty, FM Radio, Intellectual Property, Internet Radio, Music Rights, Television
Twice this morning, I was faced with the question of whether a business needs a license to play a radio or TV station on their premises, once in a story in one of the broadcast trade publications (see the article here, in the You Can’t Make This Up column toward the bottom of the article)… Continue Reading

July Regulatory Dates for Broadcasters – Quarterly Issues Programs Lists and Children’s Television Reports, Incentive Auction Actions, CRB Webcasting Closing Argument and More

Posted in Broadcast Auctions, Children's Programming and Advertising, Digital Television, EEO Compliance/Diversity, FM Radio, Incentive Auctions/Broadband Report, Intellectual Property, Internet Radio, Music Rights, Programming Regulations, Public Interest Obligations/Localism, Television
Another month is upon us, with the typical list of FCC dates of importance – and some new issues (including incentive auction developments that will probably be a regular part of our news through a good part of next year). One date of importance to some TV broadcasters was yesterday – July 1 – when… Continue Reading

June Regulatory Dates for Broadcasters – EEO Public File Reports and Form 397, CALM Act Compliance Obligations, Incentive Auction Actions, Comments on Reg Fees and LPFM Rules, and More

Posted in Digital Television, EEO Compliance/Diversity, FCC Fees, FM Radio, FM Translators and LPFM, General FCC, Incentive Auctions/Broadband Report, License Renewal, Noncommercial Broadcasting, Programming Regulations, Public Interest Obligations/Localism, Television
June brings some standard obligations for broadcasters in a number of states with anniversaries of their license renewal filing, plus the return of an obligation that we have not seen in 4 years- the obligations of radio stations in certain states to file an FCC Form 397 Mid-Term EEO Report. In addition to these routine… Continue Reading

FCC Issues Reminder on Form 397 EEO Mid-Term Reports – Filing Obligations Begin on June 1 for Radio Stations in DC, Maryland, Virginia and West Virginia

Posted in AM Radio, EEO Compliance/Diversity, FM Radio, License Renewal
EEO Mid-Term Reports on FCC Form 397 must be filed at the mid-point of the renewal cycle of radio stations if they are part of a station employment unit with more than 10 full-time employees, or 5 or more full-time employees for TV. A station employment unit is one or more commonly-controlled stations serving substantially the… Continue Reading

Preliminary Comments Sought by FCC on Proposal to Increase LPFM Power to 250 Watts and to Modify LPFM Translator Rules

Posted in FM Radio, FM Translators and LPFM
Last week, the FCC formally announced its receipt of a proposal from REC Networks to raise the maximum power for LPFM stations from 100 watts to 250 watts, to give them equivalent power levels with FM translator stations. REC suggests that these higher power levels are necessary to allow LPFM stations to overcome the effects… Continue Reading

May Regulatory Dates for Broadcasters – Including EEO Mid-Term Reports, FM Auction, Emergency Communications Compliance, TV Market Modification Comments, Class A TV Digital Conversion Deadline and More

Posted in Broadcast Auctions, Cable Carriage, EEO Compliance/Diversity, Emergency Communications, FM Radio, General FCC, Incentive Auctions/Broadband Report, License Renewal, Television
May is one of those months where there are no routine, recurring FCC regulatory filing deadlines – no EEO reports or Quarterly Issues Programs lists, no Children’s Television Programming Reports or noncommercial station ownership report deadlines. But, as with any month, that does not mean that there are no dates of concern for broadcasters –… Continue Reading

FCC Sets Final Rules For Auction of New FM Stations – Applications Due By May 28, Filing Freeze on FM Minor Changes from May 18 through May 28

Posted in Broadcast Auctions, FM Radio
The FCC has finalized the rules for its auction for about 130 new FM channels to be auctioned in July. The Order setting the rules for the auction is available here, and the list of channels to be sold, and the opening minimum bid for each such channel, is available here. The minimum bids also… Continue Reading

April Regulatory Dates for Broadcasters – Including Quarterly Issues Programs and Children’s Television Reports; Comments In Proceedings Including One on Digital Auxiliaries; and More Incentive Auction Seminars

Posted in Broadcast Auctions, Children's Programming and Advertising, EEO Compliance/Diversity, FM Radio, General FCC, Incentive Auctions/Broadband Report, License Renewal, Noncommercial Broadcasting, Payola and Sponsorship Identification, Programming Regulations, Public Interest Obligations/Localism, Television
April is one of those months with many routine FCC obligations. Quarterly Issues Programs lists need to be in your public file by the 10th of the month. This is an obligation for all full-power broadcast stations – commercial or noncommercial. Similarly, all TV stations have an obligation to submit their Children’s Television Reports on… Continue Reading

When is a Nondirectional FM Antenna Really Directional? The FCC Weighs In

Posted in FM Radio, Tower Issues
In a decision of the FCC Media Bureau’s Audio Division that may be of interest to the more technically minded broadcasters, the Commission found that an FM station’s supposedly nondirectional FM antenna should be treated as directional. This decision was in response to a complaint from another broadcaster on the same channel, arguing that the… Continue Reading

Want a New FM Station? FCC Proposes FM Auction in July, Lists Channels to be Sold, and Imposes a Freeze on Certain Applications

Posted in Broadcast Auctions, FM Radio
The FCC has announced that it plans to hold an auction to award construction permits allowing the winners to build new FM radio stations. 131 total channels on which bids can be placed are included in the list of channels to be auctioned – with most being in the state of Texas. The auction is… Continue Reading

March Regulatory Dates for Broadcasters – Closed Captioning Quality Standards Effective Date, Comments on Online Public File, MVPD Status for Online Video Providers, LIFO for Political Ads, and FRNs for Biennial Ownership Reports

Posted in AM Radio, EEO Compliance/Diversity, FM Radio, General FCC, Internet Video, License Renewal, Noncommercial Broadcasting, On Line Media, Political Broadcasting, Programming Regulations, Television
March is one of those rare months on the broadcast calendar when there are few routine regulatory deadlines for broadcasters. As we are winding down in the television license renewal cycle, the month’s only license renewal obligations for TV broadcasters are the pre-filing license renewal announcements on the 1st and 16th of the month for… Continue Reading

Comment Dates Set on FCC Proposal to Extend Online Public File Obligations to Radio, Cable, and Satellite

Posted in AM Radio, Cable Carriage, FM Radio, Political Broadcasting, Public Interest Obligations/Localism
The FCC has finally had published in the Federal Register its Notice of Proposed Rulemaking proposing to extend the online public file obligations to radio, satellite radio, cable operators and satellite TV providers. This publication starts the countdown to the filing deadline for the comments in the proceeding. Comments are due by March 16, and… Continue Reading

FCC Standards for Comparing Service by Mutually Exclusive Applicants for New Noncommercial Radio Stations Clarified by Court of Appeals

Posted in Broadcast Auctions, FM Radio, Noncommercial Broadcasting, Public Interest Obligations/Localism
Yesterday, we wrote about a case involving an applicant for a new commercial FM station, where the FCC clarified its policies on reasonable assurance of transmitter site availability – holding that an applicant in an auction process can amend to a new site if it is found that its originally specified site is not available… Continue Reading

Two Decisions Clarifying the Processing of FCC Applications for New Commercial and Noncommercial Broadcast Stations – Auction Applications and Reasonable Assurance of Transmitter Site Availability

Posted in Broadcast Auctions, FM Radio, Noncommercial Broadcasting, Tower Issues
Last week, there were two decisions that clarified FCC processing policies for new broadcast stations – one dealing with applications for commercial stations, and the other with applications for noncommercial FM stations.  The commercial case made clear that an applicant for a new FM station in the auction process need not have reasonable assurance of… Continue Reading

What Washington Has in Store for Broadcasters in 2015 – Part 1, What’s Up at the FCC

Posted in Advertising Issues, AM Radio, Broadcast Auctions, Cable Carriage, Digital Television, EEO Compliance/Diversity, FM Radio, FM Translators and LPFM, General FCC, Incentive Auctions/Broadband Report, Indecency, Low Power Television/Class A TV, Multiple Ownership Rules, Noncommercial Broadcasting, Payola and Sponsorship Identification, Political Broadcasting, Programming Regulations, Public Interest Obligations/Localism, Television
Each year, at about this time, we pull out the crystal ball and make predictions of the issues affecting broadcasters that will likely bubble up to the top of the FCC’s agenda in the coming year.  While we try each year to throw in a mention of the issues that come to our mind, there… Continue Reading

FCC Issues Public Notice on Mutually Exclusive LPFM Applications in the Southeast US – Deadlines for Petitions to Deny and Amendments to Applications

Posted in FM Radio, FM Translators and LPFM, Noncommercial Broadcasting
Right before Christmas, the FCC’s Media Bureau released a Public Notice announcing that they have reviewed the final set of mutually exclusive LPFM applications.  “Mutually exclusive applications” are applications for stations in the same geographic area which cannot all be granted without creating interference issues. The notice identifies tentative winners selected by the “point system”… Continue Reading