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Category Archives: Television

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126 MHz Incentive Auction Clearing Target Set – Reverse Auction for TV Stations to Bid to Surrender their Spectrum to Wireless Users to Begin May 31

Posted in Broadcast Auctions, Digital Television, Incentive Auctions/Broadband Report, Television
This morning, the FCC released a Public Notice, announcing that the spectrum clearing target for the initial stage of the Incentive Auction will be 126 MHz.  That means, that if the Incentive Auction is completed in the initial stage with the 126 MHz spectrum clearing target, TV channels 30-36 and 38-51 will be reallocated for… Continue Reading

May Regulatory Dates for Broadcasters – Incentive Auction, Comments on EAS, ATSC 3.0 and Set Top Boxes

Posted in AM Radio, Broadcast Auctions, Cable Carriage, Digital Television, Emergency Communications, FM Translators and LPFM, General FCC, Incentive Auctions/Broadband Report, Political Broadcasting, Television
May is one of those off months in which there are not the kind of routine filings that pop up in most other months – no EEO Public File Reports, no quarterly issues programs lists or children’s television reports, no Biennial Ownership Reports for noncommercial stations (which will soon disappear anyway when noncommercial stations transition… Continue Reading

FCC Requests Initial Public Comments on ATSC 3.0 Proposal for Next Generation of Over-the-Air TV

Posted in Digital Television, Incentive Auctions/Broadband Report, Television
The FCC has released a Public Notice, as promised by FCC Chairman Wheeler at last week’s NAB convention, asking for public comment on the proposal filed by the National Association of Broadcasters, the Consumer Technology Association and others requesting that the Commission approve ATSC 3.0, the next transmission system for over-the-air television broadcasting. We wrote… Continue Reading

As Incentive Auction Draws Near, Focus Begins to Shift to TV Spectrum Repacking – and Even FM Broadcasters Take Note of Potential Issues

Posted in Digital Television, FM Radio, Incentive Auctions/Broadband Report, Television, Tower Issues
At the NAB Convention last week, FCC Chairman Tom Wheeler discussed the timing of the incentive auction and how some of the remaining issues may soon be resolved. One subject of talk in a number of NAB sessions, as well as in the trade publications, has been how the repacking of broadcast television spectrum will… Continue Reading

FCC Says Pre-Auction Expenses Can Be Reimbursed to Stations that Have to be Repacked After the Incentive Auction

Posted in Broadcast Auctions, Digital Television, Incentive Auctions/Broadband Report, Television
Can expenses incurred by a TV station now in making moves to prepare for the post-incentive auction repacking of the TV spectrum be reimbursed if that station in fact is forced to move after the auction?  In a clarification “Declaratory Ruling” released on Monday, the FCC said that they can – in an aim designed… Continue Reading

Petition Asking FCC to Approve Next Generation of Over-the-Air Television, ATSC 3.0 – What is Being Requested?

Posted in Digital Television, Incentive Auctions/Broadband Report, Television
On the eve of this year’s NAB Show in Las Vegas, the FCC has been asked to approve the next generation of TV transmission – ATSC 3.0.  A broad coalition – broadcasters through the NAB and APTS (the public television association), technology manufacturers (through CTA – the Consumer Technology Association formerly the Consumer Electronics Association),… Continue Reading

FCC Proposes Expansion of Requirements for TV Stations and MVPDs to Provide Audio Description of Video Programming

Posted in Cable Carriage, Digital Television, Emergency Communications, Programming Regulations, Television
Last week was a busy one for the FCC, with decisions or proposals on a number of issues that can affect broadcasters, including changes to the EAS rules and proposals for the expansion of video description – the requirements that TV stations carry a certain amount of programming that is accompanied by audio descriptions to… Continue Reading

April Regulatory Dates for Broadcasters – Quarterly Issues Programs Lists and Children’s Television Reports and Much More

Posted in AM Radio, Cable Carriage, Children's Programming and Advertising, EEO Compliance/Diversity, FM Radio, General FCC, Multiple Ownership Rules, Noncommercial Broadcasting, Political Broadcasting, Programming Regulations, Public Interest Obligations/Localism, Television
April brings the whole panoply of routine regulatory dates – from the need to prepare EEO Public File and Noncommercial Ownership Reports in some states, to Quarterly Issues Programs lists for all full-power broadcast stations and Quarterly Children’s Television Programming Reports for all TV stations.  So let’s look at some of the specific dates that… Continue Reading

Does the FCC Use the Online Public File to Spot Rule Violations? $20,000 Fine to TV Station for Late-Filed Children’s Television Reports Suggests it Does

Posted in Children's Programming and Advertising, FCC Fines, General FCC, License Renewal, Political Broadcasting, Programming Regulations, Television
In a Notice of Apparent Liability released yesterday, the FCC proposed to fine a TV station $20,000 for being late in the filing of 4 years of Quarterly Children’s Television Programming Reports (FCC Form 398). While the penalty is consistent with the size of penalties that the FCC has been imposing for similar violations in… Continue Reading

Another Loss for FilmOnX in its Quest to Be Recognized as a Cable System Entitled to Rely on Statutory License to Retransmit TV Signals

Posted in Cable Carriage, Intellectual Property, Internet Video, On Line Media, Television
FilmOnX, that Aereo copycat service that seeks to deliver the signals of over-the-air television stations to consumers’ computers for a fee, has lost another round in its attempt to be recognized as a cable system. Ever since the Aereo decision of the Supreme Court (which we summarized here), finding that services like Aereo and FilmOn… Continue Reading

Updated Political Broadcasting Guide – Questions and Answers about Broadcasters’ Obligations During this Election Season

Posted in Advertising Issues, AM Radio, FM Radio, Payola and Sponsorship Identification, Political Broadcasting, Television
To help broadcasters sort out the confusing rules about political advertising, we have updated our Political Broadcasting Guide for Broadcasters (note that the URL for the updated version has not changed from prior versions, so your bookmarks should continue to work). The revised guide is much the same as the one that we published two… Continue Reading

Incentive Auction Moves Forward – Two Requests for Stay Denied and SecureID Tokens Distributed to Reverse Auction Participants

Posted in Broadcast Auctions, Digital Television, Incentive Auctions/Broadband Report, Low Power Television/Class A TV, Television
The only significant legal issues that were potentially standing in the way of the broadcast incentive auction are slowly being removed. So far this week, the US Court of Appeals in Washington, DC has denied two requests for stays of the commencement of the reverse auction, scheduled to begin on March 29 with the submission… Continue Reading

FCC Says No to Court’s Enforcement of Contractual Rights that Limit Broadcast Licensee’s Control Rights – What Does this Mean for Broadcast Contracts? 

Posted in Assignments and Transfers, General FCC, Programming Regulations, Public Interest Obligations/Localism, Television
How far can a court go in ordering broadcasters to comply with the terms of a contract?  By trying to get a court to enforce a contract signed with a broadcaster, is the suing party infringing on a licensee’s control over its broadcast station license? These questions are addressed in a letter that the FCC… Continue Reading

Online Public Inspection File for Radio Still in the Future – Practical Impact Still a Few Months Away

Posted in AM Radio, EEO Compliance/Diversity, FM Radio, General FCC, On Line Media, Political Broadcasting, Public Interest Obligations/Localism, Television, Website Issues
In the last day or two, some broadcast trade press reports may have given the impression that the FCC’s new online public file rules for radio may now be “effective,” suggesting that Top 50 market stations with 5 or more full-time employees need to start uploading their new political documents into the file (the first… Continue Reading

March Regulatory Dates for Broadcasters – Including Incentive Auction Commitments, New Webcasting Royalties, and Comments on AM Revitalization and Copyright Safe Harbor for User-Generated Content

Posted in AM Radio, Digital Television, Incentive Auctions/Broadband Report, Intellectual Property, Internet Radio, Music Rights, On Line Media, Television, Website Issues
March appears to be another busy month on the FCC’s regulatory calendar.  While March is one of those months where there is not the usual assortment of EEO public file reports, quarterly issues programs lists or children’s television reports and noncommercial ownership report obligations (see our Broadcasters’ Regulatory Calendar here for some of these dates),… Continue Reading

FCC Announces Previews for TV Broadcasters of Incentive Auction Initial Commitment Software; Denies Auction Stay Request from LPTV Applicant

Posted in Broadcast Auctions, Digital Television, Incentive Auctions/Broadband Report, Low Power Television/Class A TV, Television
The FCC yesterday released a Public Notice dealing with the upcoming March 29 commitment deadline for TV broadcasters who filed their applications back in January indicating a possible intent to participate in the incentive auction to surrender their TV channel so that the FCC can use it to repack the TV band to free spectrum… Continue Reading

FCC Announces First Round of 2016 EEO Audits for Radio and TV Stations

Posted in AM Radio, EEO Compliance/Diversity, FM Radio, Television
The FCC today issued a Public Notice announcing its first EEO audit for 2016.  Letters to about 280 radio and television stations went out on February 24 asking for evidence of their compliance with the FCC’s EEO rules.  In today’s notice, the FCC released the form audit letter and list of stations that will be audited.… Continue Reading

Ted Cruz Demands Takedown of PAC Ad Attacking His Voting Record – Issues that Broadcast Stations Need to Consider When Threatened by Candidate Wanting an Ad Pulled

Posted in Advertising Issues, Political Broadcasting, Programming Regulations, Television
According to Politico, Ted Cruz’ campaign has demanded that TV stations pull certain PAC ads which he claims distort his voting record on immigration issues. This kind of claim from a political candidate about the unfairness of attack ads is common. Here, Cruz’ representatives apparently don’t threaten lawsuits against the stations for running the ads,… Continue Reading

New Broadcast Contest Rules Becoming Effective – OMB Approval to Be Published In the Federal Register

Posted in AM Radio, FCC Fines, FM Radio, General FCC, Programming Regulations, Television, Website Issues
The FCC’s new contest rules for broadcasters, allowing the disclosure of material terms on the Internet rather than reading them on the air, becomes effective upon the publication in the Federal Register of their approval by the Office of Management and Budget. OMB approval has been obtained, and the Federal Register publication is scheduled to… Continue Reading

On Its 20th Anniversary, Looking Back at How the Telecommunications Act of 1996 Changed the Broadcast Regulatory Landscape

Posted in General FCC, Incentive Auctions/Broadband Report, License Renewal, Multiple Ownership Rules, On Line Media, Public Interest Obligations/Localism, Television
In Washington DC this week, many in the communications world are commemorating the 20th anniversary of the passage of the Telecommunications Act of 1996. Five years ago, we noted the changes that the Act made in the broadcast regulatory world – changes that are still being debated 20 years later. To show how little things… Continue Reading

FCC Order on Biennial Ownership Requirements – All Broadcasters, Commercial and Noncommercial, Need to Start Collecting Information from Attributable Owners and Directors for Next Year’s Filing

Posted in AM Radio, EEO Compliance/Diversity, FM Radio, General FCC, Multiple Ownership Rules, Noncommercial Broadcasting, Television
In an order released last month which has not received much attention, the FCC clarified its requirements for the filing of Biennial Ownership Reports. Much of the order deals with fixes to the report itself that will, for the most part, make the completion of the report administratively easier in terms of the physical data… Continue Reading

FCC Releases Order on Online Public Inspection File – Answering Questions about Compliance with Radio’s New Obligations

Posted in AM Radio, EEO Compliance/Diversity, FM Radio, General FCC, Noncommercial Broadcasting, On Line Media, Political Broadcasting, Programming Regulations, Public Interest Obligations/Localism, Television
Last week, we wrote about the FCC’s decision to require that radio stations move their public inspection files online.  Stations with 5 or more full-time employees that are located in Top 50 markets need to make the transition to the online file later this year once the FCC gets its new rules approved by the… Continue Reading

February Regulatory Dates for Broadcasters

Posted in AM Radio, EEO Compliance/Diversity, FM Radio, FM Translators and LPFM, General FCC, Incentive Auctions/Broadband Report, Internet Radio, Noncommercial Broadcasting, Political Broadcasting, Television
It’s February, and we’re back to the normal cycle of FCC filings. Due to be placed in the public files of radio and TV stations with 5 or more full-time employees are EEO Public Inspection File Reports for radio and TV stations in the following states: Arkansas, Kansas, Louisiana, Mississippi, Nebraska, New Jersey, New York,… Continue Reading