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Category Archives: Multiple Ownership Rules

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FCC Extends Comment Dates on Petitions for Reconsideration of the Media Ownership Rules

Posted in Multiple Ownership Rules
The FCC today announced that it is extending, by one week, the time in which to file comments on the Petitions for Reconsideration of the FCC’s decision on media ownership rules. The challenges, about which we wrote here, deal with issues including the local television ownership limits, the newspaper-broadcast cross-ownership rules, the attribution for multiple… Continue Reading

FCC Denies Reconsideration of Noncommercial Broadcasting Ownership Report Requirements – But Signs that New Commission May See Things Differently

Posted in EEO Compliance/Diversity, General FCC, Multiple Ownership Rules, Noncommercial Broadcasting
The FCC’s Media Bureau yesterday issued an order denying reconsideration of the full Commission decision from last year, synchronizing the Biennial Ownership Report filing requirement for noncommercial broadcasters with that of commercial broadcasters, and requiring that all individuals who have attributable interests in these stations obtain an FCC Registration Number (an “FRN”)(see our summary of… Continue Reading

FCC Approves Up to 49% Foreign Ownership of Univision – What Guidance is Provided to Potential Foreign Investors in US Broadcast Stations?

Posted in General FCC, Multiple Ownership Rules, Public Interest Obligations/Localism
In a decision released yesterday, the FCC issued a Declaratory Ruling permitting certain identified foreign companies and individuals to own up to 40% of the voting interests in Univision, and allowed aggregate foreign ownership of up to 49% of the equity of the company. This decision noted that it was based not on the new… Continue Reading

January Regulatory Dates for Broadcasters – Quarterly Issues Programs Lists and Children’s Television Reports, Ownership and EEO Comments, Copyright Issues and More

Posted in Children's Programming and Advertising, EEO Compliance/Diversity, General FCC, Intellectual Property, Internet Radio, Internet Video, Multiple Ownership Rules, Music Rights, On Line Media, Programming Regulations, Public Interest Obligations/Localism, Television, Website Issues
Here we are at the start of a new year, and right away we have numerous regulatory deadlines for broadcasters. By the 10th of the month, all broadcast stations need to have placed in their public inspection files (online for TV and for those radio stations that have already converted to the online public file,… Continue Reading

Multiple Ownership Petitions for Reconsideration to be Published in the Federal Register Setting Dates for Public Comment

Posted in FM Radio, Multiple Ownership Rules, Television
Tomorrow, the Petitions for Reconsideration of the FCC’s multiple ownership decision is scheduled to be published in the Federal Register (see the pre-publication draft here). This will start the clock on comments on those petitions. If publication occurs as scheduled, comments will be due on Tuesday, January 17 and replies on Friday, January 27 (update:… Continue Reading

FCC Grants Extension of Time to Comment on Reconsideration of the Elimination of the UHF Discount

Posted in Digital Television, Multiple Ownership Rules, Television
As we wrote here, the FCC has requested comments on a petition for reconsideration of the elimination of the UHF discount – which had counted UHF stations as reaching only half of their market in assessing an owner’s compliance with the National Ownership Rules for TV.  These rules limit an attributable owner from having an… Continue Reading

And Then There Were Three – Chairman Wheeler to Step Down on Inauguration Day Leaving a Republican-Controlled FCC – What’s It Mean for Broadcasters?

Posted in AM Radio, EEO Compliance/Diversity, General FCC, Multiple Ownership Rules
After months of speculation, Chairman Wheeler today announced that he will step down from the FCC on Inauguration Day. Together with the Senate not confirming the renomination of Commissioner Rosenworcel (as the Senate is effectively on recess and not expected to return before the end of the term, her renomination will almost certainly not be… Continue Reading

Reconsideration of FCC Order on UHF Discount Published in the Federal Register – Starts Clock on Comments and Consideration of the Multiple Ownership Rules by a Republican-Led FCC

Posted in FM Radio, Multiple Ownership Rules, Television
While several parties went to Court to challenge the FCC’s decision ending the UHF discount, one broadcaster decided instead to ask for reconsideration. That petition for reconsideration has now been published in the Federal Register, giving interested parties until December 27 to comment, and other parties until January 6 to reply to any comments that… Continue Reading

December Regulatory Dates for Broadcasters – EEO Reports, Ownership and Ancillary Revenue Reports, Ownership Review and Incentive Auction Updates

Posted in Broadcast Auctions, EEO Compliance/Diversity, FCC Fees, General FCC, Incentive Auctions/Broadband Report, Multiple Ownership Rules, Noncommercial Broadcasting
While we are into the holiday season, that does not stop the routine regulatory obligations for broadcasters. December 1 brings a host of routine obligations for stations in many states. EEO public file reports must be added to the public files of Commercial and Noncommercial Full-Power and Class A Television Stations and AM and FM… Continue Reading

Looking at the Last Night’s Election Results and the Future of Washington Policy For Broadcasters

Posted in EEO Compliance/Diversity, General FCC, Multiple Ownership Rules
Early this week, in some of the legal journals that circulate in Washington, there was much speculation as to potential appointees to various government positions after the election. For positions such as the chairman of the FCC, many of these publications listed familiar DC names as likely appointees if, as expected by most pundits, Hillary… Continue Reading

Summaries of the Legal Issues Facing Radio and TV Broadcasters – Staying on Top of Your Regulatory Obligations

Posted in AM Radio, Appearances, Broadcast Auctions, Cable Carriage, Drones, Emergency Communications, FM Radio, FM Translators and LPFM, General FCC, Incentive Auctions/Broadband Report, Intellectual Property, License Renewal, Low Power Television/Class A TV, Multiple Ownership Rules, Political Broadcasting, Television
Each quarter, my partner David O’Connor and I update a list of the legal and regulatory issues facing TV broadcasters. That list of issues is published by TVNewsCheck and is available on their website, here. This update was published today, and provides a summary of the status of legal and regulatory issues ranging from the… Continue Reading

FCC Updates Foreign Ownership Compliance Policies for Broadcast Companies

Posted in AM Radio, FM Radio, General FCC, Multiple Ownership Rules, Television, Uncategorized
At the FCC’s open meeting last week, the Commission adopted new policies for assessing and computing foreign ownership of broadcast companies – particularly such ownership in public companies. The Commission’s Report and Order on this matter is dense reading, dealing with how companies assess compliance with the rules which limit foreign ownership to 20% of… Continue Reading

FCC’s Decision on the Quadrennial Review of the Multiple Ownership Rules – Part 1 – Radio Issues

Posted in AM Radio, FM Radio, Multiple Ownership Rules
The FCC’s Order released at the end of August deciding the issues in its Quadrennial Review of its ownership rules is over 100 pages long. The full document, with the dissents from the Republican Commissioners, required regulatory impact statements and similar routine attachments totals 199 pages. The Order addresses many issues. For TV, it declines… Continue Reading

Eliminating the UHF Discount and Limiting the National Ownership Reach of Television Groups Without Reviewing the Media Marketplace

Posted in Digital Television, Multiple Ownership Rules, Television
Last week, the FCC released its order eliminating the UHF discount. Under this discount, a TV broadcaster, in determining its compliance with the national ownership limit prohibiting any owner from having attributable interests in stations serving more than 39% of the nationwide television audience, would include in its count only one-half of the audience of… Continue Reading

September FCC Meeting To Be a Big One for Media Companies – Set Top Boxes, Foreign Ownership of Broadcast Stations and Promotion of Independent Programming

Posted in Cable Carriage, General FCC, Intellectual Property, Internet Video, Multiple Ownership Rules, On Line Media, Programming Regulations, Television
September 29 will be a big day for broadcasters and other media companies when the FCC holds its next open meeting. In the tentative agenda for that meeting released on Thursday, the FCC identified several issues that deal with the media including two big items on video issues – the decision as to what to… Continue Reading

Full Text of FCC Decision on Quadrennial Review of the Multiple Ownership Rules Released Today

Posted in AM Radio, EEO Compliance/Diversity, FM Radio, Multiple Ownership Rules, Television
In the last few minutes, the FCC has released its order on the Quadrennial Review of its multiple ownership rules, about which we wrote last week. The decision is available here, and includes dissenting opinions from the two Republican commissioners and a concurring statement from Commissioner Clyburn. In total, the text is 199 pages long,… Continue Reading

Preparing for the FCC’s Soon to be Released Decision on Changes to its Multiple Ownership Rules

Posted in AM Radio, EEO Compliance/Diversity, FM Radio, Multiple Ownership Rules, Public Interest Obligations/Localism, Television
While the trade press has been full of reports that the FCC has voted on an order addressing the issues raised in its Quadrennial Review of its multiple ownership rules, and that the decision largely left those rules unchanged (including the broad ban on the cross-ownership of daily newspapers and broadcast stations), no final decision… Continue Reading

FCC Seeks Comment on Another Request for Foreign Ownership of Broadcast Stations Above 25%

Posted in General FCC, Multiple Ownership Rules, Public Interest Obligations/Localism
Recently, we wrote about two cases seeking declaratory rulings from the FCC that non-US ownership of companies owning broadcast stations should be permitted even though that ownership would exceed the 25% standard that had been, until that last few years, the limit on such ownership. Last week, the FCC announced the filing of another such… Continue Reading

Sinclair Pays $9.4 Million to FCC to Settle Claims of Improper Joint Negotiation of Retransmission Consent Agreements

Posted in Cable Carriage, Multiple Ownership Rules, Television
Last week, the FCC announced a consent decree with Sinclair Broadcast Group where Sinclair agreed to pay $9.495 million to the FCC to settle claims that it negotiated retransmission consent agreements involving stations that it did not own with MVPDs (cable and satellite companies).  Sinclair did not admit any liability – but stated that it settled the… Continue Reading

Legal Issues for Broadcasters – Updates on Pending Matters

Posted in AM Radio, Appearances, Cable Carriage, Digital Television, EEO Compliance/Diversity, Emergency Communications, FM Radio, FM Translators and LPFM, General FCC, Incentive Auctions/Broadband Report, Low Power Television/Class A TV, Multiple Ownership Rules, Music Rights, Payola and Sponsorship Identification, Political Broadcasting, Programming Regulations, Public Interest Obligations/Localism, Television
There are so many legal issues that facing broadcasters that it is sometimes difficult to keep up with them all. This Blog and many other activities that those at my firm engage in are meant to help our clients and other broadcasters keep up to date on all of the many regulatory challenges with which… Continue Reading

$700,000 to Be Paid By Media General to End Inquiry on its Attempts to Enforce a JSA – What are the Limits on the Enforceability of a Contractual Restriction on an FCC Licensee’s Sale of its Station?

Posted in Assignments and Transfers, FCC Fines, Incentive Auctions/Broadband Report, Multiple Ownership Rules, Programming Regulations, Public Interest Obligations/Localism, Television
The FCC yesterday announced a consent decree with Media General by which Media General agreed to pay a $700,000 “settlement payment” to the US Treasury to settle the investigation of its attempts to enforce the provisions of a Joint Sales Agreement with Schurz Communications.  Media General had tried to enforce the JSA when Schurz tried to… Continue Reading

Foreign Ownership of US Broadcast Stations Suddenly the Rage? – FCC Seeks Comments on Two Proposals for Alien Ownership to Exceed 25%, Including One for 100% Australian Ownership

Posted in AM Radio, Assignments and Transfers, FM Radio, General FCC, Multiple Ownership Rules, Television
In the last two days, the FCC has asked for public comment on two proposals for foreign ownership of US broadcast stations where that ownership would exceed 25% of the company – a limit that has for decades been seen as the upper end of ownership by foreign nationals.  While the FCC three years ago… Continue Reading

FCC Chairman Releases Summary of Media Ownership Reform Proposals – Little Change in Existing Ownership Rules, Reinstatement of JSA Ban

Posted in AM Radio, Assignments and Transfers, FM Radio, Multiple Ownership Rules, Television
FCC Chairman Tom Wheeler this week released a “fact sheet” setting out a summary of the draft order now circulating among the FCC Commissioners for review and possible approval. This order, if adopted, would resolve the Quadrennial Review of the FCC’s ownership rules. As we wrote here, the US Court of Appeals for the Third… Continue Reading

Appeals Court Tells FCC to Finalize Multiple Ownership Review, Throws Out TV JSA Attribution, and Questions Newspaper-Broadcast Cross-Ownership Ban

Posted in EEO Compliance/Diversity, Multiple Ownership Rules
The Third Circuit Court of Appeals yesterday issued an opinion faulting the FCC for not completing any required review of its broadcast ownership rules since the 2006 review was completed in 2007. These reviews of its ownership rules, now done as “Quadrennial Reviews” every four years, but previously required to be done biennially, have been… Continue Reading