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Category Archives: Television

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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

FCC Adopts Online Public File Requirements for Radio, Satellite and Cable – To be Effective for Large Market Radio Later This Year

Posted in AM Radio, Cable Carriage, FM Radio, General FCC, Noncommercial Broadcasting, On Line Media, Political Broadcasting, Programming Regulations, Public Interest Obligations/Localism, Television, Website Issues
The FCC today adopted rules to require that the public inspection files of radio stations (and of cable television systems and operators of satellite radio and television companies) to put their public inspection files online.  While, thus far, the FCC has only released a public notice summarizing its decision and not the full text explaining… Continue Reading

SoundExchange Audits of Digital Music Companies and Sport Leagues Audits of MVPDs Published in the Federal Register – Understanding Audit Rights Under Statutory Licenses

Posted in Cable Carriage, Intellectual Property, Internet Radio, Music Rights, Television
In the last week, copyright audits have been in the news.  Several broadcasting publications noted the recent announcements by the Copyright Royalty Board that SoundExchange has decided to audit several companies that pay it royalties, including webcasters (including Pandora and a number of broadcasters in connection with their webcast operations), business establishments services (those who… Continue Reading

A Broadcaster’s Calendar of Important Regulatory Dates in 2016

Posted in AM Radio, FM Radio, General FCC, Internet Radio, Noncommercial Broadcasting, Political Broadcasting, Programming Regulations, Television
At the beginning of each year, we publish our broadcaster’s calendar of important dates – setting out the many dates for which broadcasters should be on alert as this year progresses.  The Broadcasters Calendar for 2016 is available here.  The dates set out on the calendar include not only FCC filing deadlines and dates by… Continue Reading

What Washington Has in Store for Broadcasters in 2016 – Looking at the Legal Issues that the FCC Will Be Considering in the New Year

Posted in Advertising Issues, AM Radio, Broadcast Auctions, Cable Carriage, EEO Compliance/Diversity, Emergency Communications, FM Radio, FM Translators and LPFM, General FCC, Indecency, Internet Video, Low Power Television/Class A TV, Multiple Ownership Rules, Noncommercial Broadcasting, On Line Media, Payola and Sponsorship Identification, Political Broadcasting, Programming Regulations, Public Interest Obligations/Localism, Television
It’s that time of the year when we need to dust off the crystal ball and make predictions about the legal issues that will impact the business of broadcasters in 2016.  While we try to look ahead to identify the issues that are on the agenda of the FCC and other government agencies, there are… Continue Reading

January Regulatory Dates for Broadcasters – Quarterly Issues Programs Lists and Children’s Television Reports, Incentive Auction, FM Translators for AM Stations, Webcasting Fees, LUR Windows and More

Posted in AM Radio, Broadcast Auctions, Cable Carriage, Children's Programming and Advertising, FM Translators and LPFM, General FCC, Incentive Auctions/Broadband Report, Internet Radio, Internet Video, Multiple Ownership Rules, Music Rights, On Line Media, Political Broadcasting, Television, Website Issues
While January starts off with some regulatory deadlines that apply to all broadcasters – Quarterly Issues Programs lists must be placed in a station’s public file by the 10th of January – there are many other dates that come due this month, dates to which broadcasters need to pay careful attention. For TV stations, they… Continue Reading

Grandfathered JSAs Need Not Be Broken Up For Ten Years Pursuant to Congressional Omnibus Spending Bill

Posted in Digital Television, Multiple Ownership Rules, Television
As one of the many legislative changes that made their way into the Congressional Omnibus Spending Bill set to be voted out of Congress this week and signed by the President to keep the government operating for the next year, there is a provision authorizing TV stations to continue through September 30, 2025 operating with Joint Sales… Continue Reading

More Complaints Filed Against TV Stations for Allegedly Not Disclosing the True Sponsor of PAC Ad on Political Issues

Posted in Advertising Issues, Payola and Sponsorship Identification, Political Broadcasting, Television
The Sunlight Foundation, along with Common Cause and the Campaign Legal Center, have filed with the FCC complaints against 18 TV stations claiming that these stations violated the FCC’s sponsorship identification rules by not identifying former New York City mayor Michael Bloomberg as the true sponsor of issue ads bought by the Independence USA political… Continue Reading

DC Court Finds FilmOn X Internet TV Service is Not a Cable System and Cannot Rely on Statutory License to Retransmit Over-the-Air TV Signals

Posted in Cable Carriage, Digital Television, Intellectual Property, Internet Video, Television, Website Issues
The US District Court in Washington DC last week decided that FilmOn X could not rely on the compulsory license of Section 111 of the Copyright Act to retransmit the signal of over-the-air television stations to consumers over the Internet. The compulsory license allows a system to rebroadcast copyrighted material without getting express permission from… Continue Reading

December Regulatory Dates for Broadcasters – Ownership and EEO Reports, Retransmission Consent and Foreign Ownership Rulemaking Comments, Incentive Auction and Accessibility Obligations

Posted in Cable Carriage, Digital Television, EEO Compliance/Diversity, Emergency Communications, FCC Fees, General FCC, Incentive Auctions/Broadband Report, Internet Video, Noncommercial Broadcasting, On Line Media, Programming Regulations, Public Interest Obligations/Localism, Television, Website Issues
December is one of those months when all commercial broadcasters have at least one FCC deadline, and there are also many other filing dates of which many broadcasters need to take note.  For all commercial broadcasters, Biennial Ownership Reports are due on December 2.  Hopefully, most broadcasters have already completed this filing obligation, as FCC… Continue Reading

No Holidays for the Incentive Auction – Instructions and a Webinar for Broadcasters Who Plan to Enter the Auction and Disputes Over Repacking and LPTV

Posted in Digital Television, Incentive Auctions/Broadband Report, Low Power Television/Class A TV, Television
The road to the incentive auction’s anticipated start in March continues to be paved. With broadcasters who are intending to participate in the auction needing to file their initial Form 177 applications expressing that intent by January 12 (see our article here), the FCC has published instructions for completing the FCC Form 177 applications, providing… Continue Reading

FCC Extends Date for Filing of Applications by Broadcasters to Participate in the Incentive Auction, and Revises Opening Bid Amounts

Posted in Digital Television, Incentive Auctions/Broadband Report, Low Power Television/Class A TV, Television
The FCC today issued a Public Notice extending the deadline for the filing of the initial forms for broadcasters to participate in the incentive auction. We wrote about the form here, and the initial deadline here. The deadline is extended from December 18 to January 12. This also has the affect of extending the date… Continue Reading

Using Drones for TV News – What are the Legal Issues?

Posted in Digital Television, Privacy, Programming Regulations, Television
With the Federal Aviation Administration convening a task force to require the registration of most drones, I thought that it was worth taking another look at the current rules regulating the use of by media companies of what are more officially called unmanned aerial systems (“UAS”) and unmanned aerial vehicles (commonly called “drones”). We offered… Continue Reading

FCC Sets Comment Dates on Proposal to Relax Restrictions on Foreign Ownership in Companies Holding US Broadcast Station Licenses – What Is the FCC Proposing?

Posted in AM Radio, Assignments and Transfers, Digital Television, EEO Compliance/Diversity, FM Radio, Multiple Ownership Rules, Television
In Friday’s Federal Register, the FCC published a summary of the Commission’s Notice of Proposed Rulemaking looking to revise its policies regarding the ownership of broadcast stations by non-US citizens setting the date for comments on its proposal of December 21, with Reply Comments being due by January 20.  The FCC two years ago issued… Continue Reading

FCC Reminds TV Broadcasters that Reports on Ancillary and Supplementary Services (and Required Fees) Are Due By December 1

Posted in Digital Television, FCC Fees, Low Power Television/Class A TV, Television
The FCC today issued a Public Notice reminding TV broadcasters (full-power, LPTV, translator and Class A stations, both commercial and noncommercial, if they have digital operations) that they must, by December 1, file a report on the ancillary and supplementary services that they provide and pay a fee of 5% of gross revenues received by the TV… Continue Reading

Closing In on the Incentive Auction – Broadcast Application and Reimbursement Forms Available for Review, Reverse Auction Workshop and TV Interference Calculations

Posted in Broadcast Auctions, Digital Television, Incentive Auctions/Broadband Report, Television
The last week has been a busy one for the FCC in preparing for the December applications by broadcasters for participation in the TV incentive auction. The incentive auction will, of course, offer TV broadcasters money (in some cases, lots of it, at least initially) to vacate their spectrum so that the television band can… Continue Reading

No FCC Extension on Retransmission Consent Good Faith Negotiation Comments, Short Extension on Replies

Posted in Cable Carriage, Digital Television, Television
Late Friday, the FCC denied the request of several broadcasters to extend the time to comment on the FCC proceeding looking at the requirement of “good faith” in retransmission consent negotiations, though it did extend the time for reply comments by two weeks. The FCC is reviewing the good faith requirement, to determine if it… Continue Reading

November Regulatory Dates for Broadcasters – Incentive Auction and Biennial Ownership Report Preparation, Reg Fee Comments, Music Issues, Text to Speech Emergency Information and More

Posted in AM Radio, Broadcast Auctions, Broadcast Performance Royalty, Cable Carriage, Digital Television, EEO Compliance/Diversity, Emergency Communications, FCC Fees, FM Radio, General FCC, Intellectual Property, Internet Radio, Music Rights, Television
November is another of those months with no regular filing obligations – no EEO public file and Mid-Term reports, no noncommercial ownership reports, and no quarterly issues programs lists or children’s television reports. EEO public file reports and noncommercial station ownership reports, being tied to renewal dates, will be back in December. See our Broadcaster’s… Continue Reading

The Care and Feeding of the Broadcast Public Inspection File – Requirements and Retention Periods, A Presentation on the Issues

Posted in AM Radio, FCC Fines, FM Radio, General FCC, License Renewal, Political Broadcasting, Programming Regulations, Public Interest Obligations/Localism, Television
The FCC requires each full-power broadcast station, commercial and noncommercial, to maintain a public inspection file.  Even though this is a longstanding FCC requirement, there are always questions about what goes into the file, and how long those materials must be retained.  The week before last, I conducted a webinar for about 20 state broadcast… Continue Reading

New Accessibility Compliance Deadlines for TV Stations Coming Very Soon

Posted in Digital Television, Emergency Communications, Internet Video, Low Power Television/Class A TV, On Line Media, Programming Regulations, Television, Website Issues
TV stations have in the past few years been hit with many requirements for making their programming – especially emergency information – accessible to all people within their service areas. Two deadlines loom in the very short term that stations need to remember – the requirements for converting text based emergency information aired on their… Continue Reading