Posted on September 20, 2011 by Brendan Holland

Must-carry or Retransmission Consent? Television Stations Must Notify Cable and Satellite Operators by October 1st

Just a reminder that by October 1, Television stations must once again make their triennial carriage elections.  By that date, TV stations must notify the local cable systems and satellite carriers in their market in writing as to whether the station intends to be carried pursuant to must-carry or a retransmission consent agreement for the next three-year term, which runs from Jan. 1, 2012 through Dec. 31, 2014.  Accordingly, before Oct.1, stations must send a written election notice to the cable systems and satellite providers in their market via certified mail, return receipt requested.  The election letter should indicate the station's call letters, channel, community of license, DMA assignment, and contact information, in addition to answering the basic question of whether the station would like to elect carriage pursuant to must-carry or else negotiate a retransmission consent agreement.  In addition, those stations electing carriage pursuant to must-carry should also indicate the channel on which they wish to be carried (i.e., the over the air channel, the cable channel on which it has been carried historically, or some other mutually agreeable channel).  And be sure to keep copies of the election letters sent out.  Copies of all the election letters must be maintained in the station’s public inspection files. 

Tags: , , , , , , , , ,
Posted on March 17, 2010 by Brendan Holland

Reminder: Closed Captioning Contact Info Due by March 22, 2010

Just a reminder that all Video Programming Distributors -- which includes broadcast television stations --  must identify a contact person for closed captioning issues, both immediate issues and general complaints, and file that contact information with the FCC by March 22, 2010.  As we've discussed previously, new FCC closed captioning rules recently went into effect that require video programming distributors to establish a contact for handling immediate closed captioning concerns, as well a contact for receiving written captioning complaints of a general or non-time sensitive nature.  In order to assist viewers and potentially facilitate the resolution of such captioning complaints, the rules require that video programming distributors publicize the appropriate contact information and also provide the information to the Commission, which will maintain a database open to consumers.  

Accordingly, by March 22, 2010, television stations must designate a contact person, post the necessary contact information on their web site (and in any phone directories the station may advertise in), and submit the information to the FCC.  The best way for stations to file this information with the FCC is to visit the FCC's Web site and submit the information online. The Commission’s Web site contains a detailed form with step-by-step instructions that will walk applicants through the process.  Alternatively, the contact information can be e-mailed directly to the FCC’s Disability Rights Office at: CLOSEDCAPTIONING_POC@fcc.gov.

Video programming distributors must keep their contact information current and update both their Web sites and the Commission’s database within 10 business days of any changes to the information.  Further details about the contact information requirement and the revised FCC closed captioning complaint rules can be found in our earlier posting here. 

Tags: , , , , , , , , , ,
Posted on February 23, 2010 by Brendan Holland

Closed Captioning Update: New Complaint Rules Now Effective; Contact Information Due by March 22, 2010

On Friday, Feb. 19, 2010, two important new closed captioning rules were published in the Federal Register and went into effect. The new rules require immediate attention by video programming distributors -- including broadcast television stations -- to ensure that they respond promptly to viewer complaints regarding closed captioning issues, and to ensure that they timely file contact information with the FCC by March 22, 2010. 

As detailed in Davis Wright Tremaine’s November 2008 advisory and subsequent January 2009 advisory update, the Federal Communications Commission (FCC) adopted a Declaratory Ruling and Order in late 2008 that, among other things, imposed new requirements on video programming distributors with respect to fielding inquiries and complaints about closed captioning.  While the implementation of some aspects of those rules was delayed initially, with Friday's publication in the Federal Register, two of those are now in effect.  The new rules, and the obligations they impose on video programming distributors, are discussed below. 

Streamlined complaint process

First, the Commission’s earlier Order revised the complaint process for complaints involving closed captioning rules, and with the Feb. 19 publication in the Federal Register, the new complaint procedures are effective immediately. The revised complaint procedures are as follows:

  • Viewers who believe that a video programming distributor has failed to meet its captioning obligations may now file a complaint directly with either the FCC or with the program distributor, e.g., cable operator, television broadcaster or DBS provider. (Previously, viewers were required to first file complaints with distributors.)
  • If a complaint is filed with a program distributor, then the distributor must respond to the viewer complaint in writing within 30 days of receipt. If a video programming distributor fails to respond to the complainant within 30 days, or if the complainant is unsatisfied with the response, the viewer may then file a complaint with the FCC within 30 days.
  • If a complaint is filed directly with the FCC, the FCC will forward the complaint to the program distributor, which will be required to respond to the FCC in writing within 30 days of receipt. (Previously, distributors were required to respond to FCC complaints within 15 days.) In responding to a complaint, the video programming distributor must provide the Commission with sufficient records and documentation to demonstrate that it has complied with the Commission's rules. 
  • Viewer complaints must be in writing and must be filed within 60 days of the alleged violation (whereas previously complaints could be filed within the calendar quarter in which the alleged violation occurred). The complaint also must state with specificity the alleged Commission rule violated and include some evidence of the alleged rule violation.

 New captioning contact requirements

Second, in order to facilitate the ability for viewers to (1) raise immediate captioning concerns (such as garbled or missing captions), and (2) file captioning complaints, video programming distributors must publicize appropriate contact information and also provide contact information to the Commission.

To assist viewers with immediate captioning concerns while they are watching a program, video programming distributors must publish a telephone number, fax number and e-mail address for purposes of receiving and responding immediately to any closed captioning concerns. The revised rules require that “customers using this dedicated contact information must be able to reach someone, either directly or indirectly, who can address the consumer's captioning concerns.”

Under the new rule, distributors must ensure that any staff reachable through this contact information has the capability to immediately respond to and address viewers' concerns, and in situations where the captioning problem does not reside with the distributor, the staff person receiving the inquiry should refer the matter appropriately for resolution. Distributors are not required to alter their hours when they have staff available, but if calls are placed when staff is not available, such calls and inquiries must be returned or addressed within 24 hours. The FCC also expects distributors to take measures to accommodate calls placed through a Telecommunications Relay Service operator.

In addition, distributors also must separately designate a contact person for the receipt of written (non-immediate) captioning complaints. This contact person must have primary responsibility for captioning issues and compliance with the FCC rules. The contact information must include the contact person’s name, title/office, telephone number, fax number, postal mailing address and e-mail address. A distributor’s contact information must be included on the distributor’s Web site (if it has a Web site), in billing invoices (if any) and in telephone directories (if the distributor already directly advertises or has a paid expanded listing, i.e., more than merely name, number and location in standard font, in a telephone directory).

The FCC will maintain a list of video programming distributors’ contact information for purposes of resolving closed captioning issues. Accordingly, distributors—including cable systems, broadcast television stations and satellite television providers—must file their contact information with the FCC by March 22, 2010. Distributors must provide the required contact information both for handling immediate concerns and for receiving written captioning complaints.

The best way for video programming distributors to file this information with the FCC is to visit its Web site and submit the information online. The Commission’s Web site contains a detailed form with step-by-step instructions.  Alternatively, the contact information can be e-mailed directly to the FCC’s Disability Rights Office at:  CLOSEDCAPTIONING_POC@fcc.gov.

Video programming distributors must keep their contact information current and update both their Web sites and the Commission’s database within 10 business days of any changes.

Finally, the Commission has stayed the effectiveness of the rule that would require video programming distributors to forward closed captioning complaints to a third party in certain circumstances. Because of the potential conflict with laws prohibiting the disclosure of personally identifiable information to third parties, the Commission has stayed the implementation of this rule until it can review the issue further and potentially issue a notice of proposed rulemaking.
 
Tags: , , , , , , , , ,
Posted on December 23, 2009 by Brendan Holland

FCC Delays Filing Opportunity for New Low Power Television Stations

This afternoon the FCC announced that it would postpone the opportunity to apply for new digital low power television stations until July 26, 2010. The Commission had begun accepting applications for new digital LPTV stations in so-called rural areas beginning in late August, and had previously announced that it intended to expand the first-come, first-served filing opportunity to the rest of the country starting January 25, 2010.  The Commission has now pushed that date back by six months, allegedly to allow it more time to process the applications that it has already received thus far, and also to allow the “Commission staff to dedicate additional time and resources for consideration of the Broadband Plan.”  It is not clear whether this statement literally means that engineers from the Low Power branch of the Video Division of the Media Bureau have been assigned to assist with the Broadband Plan, or if the FCC is simply hesitant to issue permits for more new LPTV stations until it figures out the future of broadcast television.  Either way, the Commission has decided to step back from accepting applications for new digital LPTV stations, at least for now.  A copy today's public notice can be found here. 

Tags: , , , , ,
Posted on December 2, 2009 by Brendan Holland

FCC Seeks Input on Use of TV Spectrum; Comments due Dec. 21

The FCC has wasted no time in pressing ahead with the discussion of whether the spectrum currently used by local broadcast television stations is being put to the greatest use and whether it should be "re-purposed" for the so-called broadband effort.  This afternoon, the FCC issued a Public Notice soliciting comments by December 21st regarding the demand for spectrum, the factors the FCC should review when considering the re-purposing of TV spectrum, and potential approaches to increasing spectrum availability and efficiency.  Although the Public Notice asks broad, far-ranging policy questions, the comment date for the "specific data" that the Commission seeks to obtain from interested parties is less than three weeks away, which hardly seems adequate for a proper, informed discussion on an issue of this magnitude.  The specific topics of discussion identified by the Commission and details about how to submit comments can be found in the Commission's Notice. 

Among the issues broadcasters will undoubtedly address (and indeed have already begun to address in other forums) is the fact that the forthcoming spectrum crisis -- which seems to have become a given in certain circles -- has not been well substantiated.  Related to that is the notion that broadcasters already have the ability to lease any "excess" digital television spectrum and use the capacity to provide broadband access, mobile services, or virtually anything else under the sun.  Stations will likely suggest that this mechanism will allow the wireless broadband market to tap this spectrum without further government intervention, if and when the demands of the wireless market require it.  Other issues sure to be of discussion is the value of local broadcast stations, the usefulness of free over-the-air broadcasting, the future of broadcast journalism, and the service stations provide to the public, just to name a few.   It will be challenging, to say the least, for commenters to quantify and address any of these significant questions within just 19 days. 

Having just completed the DTV transition six months ago, it seems that broadcasters have barely been given a chance to operate on their digital spectrum and to explore the options afforded by the transition in terms of high-definition, multicasting, data casting, broadband access, and mobile TV, just to name a few, before having to rush to defend its use, or lack thereof.  The Commission's rush to solicit comments is clearly guided by its need to develop a broadband plan early next year, however, the issues raised by today's Public Notice are among the most significant it has ever attempted to address, certainly with respect to broadcasting and mass media.  It goes without saying, but there is much, much more to be said about these issues, so stay tuned.   And see our earlier blog entries (including here) for further thoughts on the matter. 

Tags: , , , , , , , , , , , ,
Posted on November 16, 2009 by Brendan Holland

DTV Station Reminder: FCC Form 317 Reporting of Ancillary Services Due Dec. 1st

By December 1, 2009, all commercial and noncommercial digital television (DTV) stations must electronically file a FCC Form 317 with the Commission reporting on whether the station has provided any ancillary and supplementary services over their digital spectrum during the twelve-month period ending on September 30, 2009.

Under the Commission's Rules, in addition to providing free over-the-air broadcast television, DTV stations are permitted to offer services of any nature, consistent with the public interest, convenience, and necessity, on an ancillary or supplementary basis.  Some examples of the kinds of services that may be provided include computer software distribution, data transmissions, teletext, interactive materials, aural messages, paging services, audio signals, and subscription video.

All DTV stations -- regardless of whether the station holds a DTV license or is operating pursuant to Special Temporary Authority (STA), program test authority (PTA), or some other authority -- must file a Form 317 reporting whether or not it provided such services and whether it generated any income from such services. If the station did provide such ancillary services, then the FCC wants to know about it. More importantly, if the station generated revenue from the provision of those services, then the FCC wants its 5% cut of the gross revenues derived from such service.  The Form 317 is very brief, soliciting information about the license and the types of services provided, if any, and must be filed electronically through the CDBS filing system.

Some have noted recently in the ongoing debate regarding the future use of television spectrum (see our earlier blog) that Congress and the Commission have already given broadcasters the flexibility to use or lease their spectrum for virtually any purpose, so long as they continue to provide a free, over-the-air video programming stream, and remit 5% of the gross revenues derived from such ancillary services to the government.   Arguably then, the current rules already give broadcast stations the incentive and the ability to lease out any excess capacity to the highest bidder and for the marketplace to influence the optimal usage of the television spectrum.  And in exchange, the government will recoup a percentage of the revenue generated by such use of the spectrum.  So to the extent that parties seek to open the broadcast television spectrum to other possible uses and to ensure that the government benefits from the upside of such leasing, the rules for achieving that goal already seem to be in place.  Now it just remains to be seen whether there is a viable market for leasing television spectrum for such ancillary services.  To date, I think that the number of stations offering ancillary services, leasing their spectrum, and generating revenue from these ventures has been quite small. 
Tags: , , , , , , , , , , , , , ,