Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations.

  • Both the Federal Emergency Management Agency (FEMA) and the FCC released public notices, available here and here, alerting broadcasters and cable companies that they recently became aware of certain vulnerabilities in EAS encoder/decoder devices which, if not updated to most recent software versions, could allow an intruder to issue unauthorized EAS alerts. Broadcasters are urged to update their EAS devices with the latest software and security patches, change default passwords, make sure that their systems are behind a firewall, and review audit logs regularly to make sure that there has been no unauthorized access.
  • The FCC issued a Public Notice reminding FM broadcasters, LPTV and TV translator operators, and MVPDs, of the September 6, 2022 deadline to submit all remaining invoices to the TV Broadcaster Relocation Fund. This fund is to reimburse these entities for costs incurred because of the television incentive auction. The FCC also asked that entities initiate close-out procedures as soon as possible and reminded parties receiving reimbursement to keep all receipts for ten (10) years as the FCC can audit the claims for reimbursement at any time during that period.
  • The Media Bureau entered into a consent decree, including a $25,000 monetary penalty and a compliance plan, with a Trust which controlled multiple companies that owned radio stations. The FCC faulted the Trust for not seeking permission for almost 10 months for the involuntary transfer of control caused by the death of the controlling shareholder.  The consent decree made clear that a broadcaster is to file a transfer of control application within 30 days of the death of a controlling principal.  The broadcaster also did not seek Special Temporary Authority for a translator that had been silent for seven months.
  • The FCC issued an order selecting the winners in 27 groups of mutually exclusive noncommercial applications from the 2021 window for filing applications for new noncommercial FM stations in the reserved band. An FCC summary of the points earned by each applicant in the 27 groups is available here.  This is the first order applying to the 2021 applications the FCC’s points system for choosing among mutually exclusive applicants.  We wrote on our Broadcast Law Blog more about the point system for choosing between mutually exclusive noncommercial applicants here and here.
  • The FCC’s Media Bureau entered into two consent decrees, here and here, with noncommercial licensees over public file rule violations at their radio stations. The Bureau granted these stations’ renewal applications without any monetary penalties but imposed significant regular reporting requirements so the FCC can monitor their continued compliance.  The decrees also required a training program for the stations’ staffs, and compliance plans to ensure that violations do not occur in the future.  These decisions show how seriously the FCC takes compliance with all requirements for the online public inspection file.

Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations.

  • A bill was introduced in the US Senate proposing to prohibit any FCC or criminal action against a broadcaster who ran ads for a cannabis business legal in the state in which the station is licensed. We wrote, on our Broadcast Law Blog, about the three different legislative efforts now underway to lift any prohibitions on broadcasters running these ads from businesses in states where marijuana has been legalized.
  • Federal Register publication of the FCC’s Notice of Proposed Rulemaking to modify the Nielsen reports that are specified in the FCC’s rules to determine what a station’s local market is for cable and satellite carriage purposes occurred this week. As the Nielsen report currently specified in the rules is being phased out, another Nielsen report is proposed to be substituted in these rules.  Comments are due on this proposal on August 29, with reply comments due by September 26.  FCC Public Notice of these filing dates was published this week.
  • The FCC’s Video Division issued a Memorandum Opinion and Order and Notice of Apparent Liability to an LPTV station in Reno, Nevada for failing to file a license application following the completion of the construction of new facilities and for operating without authorization. The station claimed to have started operating in digital in 2016 on its old analog channel, even though it had a construction permit to operate on another channel.  In 2021, it modified its construction permit for retroactive approval to make its “flash-cut” to digital on its existing channel, but then failed to file a covering license for those digital operations until a 2022 inquiry from the FCC staff as to the status of the station. A fine of $6500 is proposed.  We noted a similar case two weeks ago.  It appears that the Commission is contacting LPTV stations that have not shown that they are operating in digital to see if their licenses are still valid.  The FCC is apparently discovering stations that converted before last year’s deadline for the digital conversion but did not, after completing the conversion, file the required paperwork seeking a license.  With very limited exceptions, all broadcast stations need to get FCC approval before making changes to their transmission facilities, and then file an application for a license to cover after they complete construction demonstrating to the FCC that construction was completed as authorized.
  • In a Second Order on Reconsideration, the FCC upheld a decision allowing the holder of a construction permit for a new FM station to change city of license from a community in the Longview, Washington Urbanized Area (UA) to one outside that UA. This case discussed the UA Service Presumption (UASP), which is a part of the FCC’s Rural Radio policy.  The UASP considers a station licensed to any city in an urbanized area, or one that can provide city-grade service from any fully spaced transmitter site to 50% of the urbanized area, to be licensed to the urbanized area unless a showing can be made rebutting the presumption.  The presumption would be rebutted by a showing that the community really is independent of the UA and has its own needs for a broadcast radio service. The presumption is important in applying the criteria of Section 307(b) which seeks to make a preferential distribution of broadcast services among the states and communities by giving a preference to proposals for a first local service to a community.  A community considered to be in a UA gets no preference because the application of the UASP means that all other stations in the UA are deemed to serve that community.  A station outside the UA (except when the community is an extremely small “quiet village”) gets a preference if there are no other stations licensed to that community (see our article here for more information about this preference and how the UASP affects it). In this case, the applicant moving out of the UA could do so without removing the only broadcast service to its community because, applying the UASP, the other stations in the Longwood market were deemed to meet the needs of the community.  The challenger objecting to this move argued that the initial community was independent from the rest of the Longwood UA and had its own local needs for a broadcast service that should be met by the station’s continued service to that initial community.  The FCC found that the challenger’s pleadings did not rebut the application of the UASP by providing enough evidence of the independence of the initial community from the rest of the UA, so moving the station to a new community without a local service and located outside the UA was a preferred arrangement of allotments.  The FCC provided a detailed analysis of the factors that can go into rebutting the UASP and the evidentiary burdens that proponents and challengers to such a showing must provide. The case is worth reading if you are contemplating a city of license change.
  • The Federal Trade Commission published in the Federal Register its request for comments on its revised guide to The Use of Endorsements and Testimonials in Advertising. Any media company creating commercials using celebrities or experts designed to promote commercial goods and services should be familiar with the guide and should review the FTC’s proposed changes.  Comments on the proposed changes are due by September 26.
  • On Friday, we published our monthly article highlighting regulatory dates and deadlines for the coming month. August Regulatory Dates for Broadcasters is now available.
  • With the final political primaries occurring in August and early September, and as advertising is already heating up for the November election, we published an article on the Political File requirements for federal and state “issue” ads, i.e., those ads not bought by candidates or their authorized campaign committees. The article talks about the more detailed public file obligations required for a federal issue than for ads about state and local issues.

 

With the end of summer upon us, we begin to look forward to the regulatory issues that will face broadcasters as we barrel toward the end of the year.  One date on many broadcaster’s minds is the date by which the annual regulatory fees will be due to be paid.  While the payment date is almost certainly going to be sometime in September, look for an FCC decision on the amount of those fees at some point in late August.  As we wrote in last week’s summary of regulatory actions (and in many before), the amount that broadcasters will pay remains a matter of dispute, so watch for the resolution of that dispute by September, as fees must be paid before the October 1 start of the FCC’s next fiscal year.

But many other dates of importance to broadcasters will occur well before the resolution of the regulatory fee issue.  August 1 is the deadline for full power television, Class A television, LPTV, and TV translator license renewal applications for stations in California.  As we have previously advised,  renewal applications must be accompanied by FCC Form 2100, Schedule 396 Broadcast EEO Program Report (except for LPFMs and TV translators).  Stations filing for renewal of their license should make sure that all documents required to be uploaded to the station’s online public file are complete and were uploaded on time.  Note that your Broadcast EEO Program Report must include two years of Annual EEO Public File Reports for FCC review, unless your employment unit employs fewer than five full-time employees.  Be sure to read the instructions for the license renewal application and consult with your advisors if you have questions, especially if you have noticed any discrepancies in your online public file or political file.  Issues with the public file have already led to fines imposed on TV broadcasters during this renewal cycle. Continue Reading August Regulatory Dates for Broadcasters:  Regulatory Fees, EEO Reports, Many Rulemaking Comment Dates, and More

As more and more states revise their laws to decriminalize or legalize marijuana use (for medical and recreational purposes), and more and more cannabis businesses in those states begin operations, broadcasters have been looking to provide their advertising services to these new companies.  But, as we’ve written before (see, for instance, our articles here and here) , marijuana is still illegal under federal law, as is the use of the radio airwaves to aide in its distribution.  Because broadcasters are federal licensees, there is a heightened concern that those federal licenses could be jeopardized if broadcasters start accepting such advertising.  In the last few weeks, however, there have been some legislative moves on Capitol Hill proposing to remove some of those concerns – but all such efforts have a way to go before broadcasters should consider changing their approach to such ads.

The bill that would seemingly have the potential to lift those restrictions is the Cannabis Administration and Opportunity Act, a draft bill that would remove marijuana from Schedule I, which is the list of drugs that are prohibited for all purposes under federal law (see draft text here and summaries here and here).  While Senate Majority Leader Schumer had indicated that this bill might be considered by the Senate soon, there are many questions as to whether there are sufficient votes to pass the measure, whether there would be enough time to get House approval before the end of the Congressional term, and even whether the President would agree to sign the legislation if passed. Looking at the text, you realize that it is not a simple piece of legislation, as it would change many aspects of government policy to accommodate the proposed change in status of marijuana under federal law.  Even if it were to become law, its effect on the advertising of marijuana may not be immediate. Continue Reading Looking at Legislative Proposals that Would Allow Broadcasters to Accept Marijuana Advertising

Recently, I’ve received many calls from broadcasters about the FCC public file obligations for issue ads (those ads not bought by legally qualified candidates or their authorized committees) – particularly concerning the different treatment between issue ads dealing with federal candidates or federal matters, and those dealing with state and local matters.  There was much controversy about the public file requirements for federal issue ads over the last two years – resulting in an FCC clarification that we wrote about here and here, making clear that the public file obligation for federal issue ads include the requirement that a station’s public file disclosures include a list of all of the federal candidates and issues mentioned in the ad.  The FCC also imposed an affirmative obligation on the broadcaster to confirm with the federal issue advertiser that it does not have multiple executive officers or directors if the advertiser only provides one individual’s name.  These obligations are in addition to the requirement that stations upload to their public file, within one business day of when an order for a federal issue ad is received, information about the order, including the price to be paid for the ads and the schedule that the buyer is requesting.  Whether or not the order for ads addressing a federal issue is accepted by the station also must be uploaded to the public file.

There are different requirements for state and local issue ads, about which we wrote last year here.  Issue ads that do not deal with federal issues do not trigger any obligation to upload information about the price and schedule of an ad to a station’s online public file.  Nor do state and local issue ads trigger the obligation to list every candidate and issue mentioned in the ad.  But they do still require the public file identification of the sponsor of the ad, and the executive officers or directors of the sponsor when the sponsor is not an individual.  Thus, ads dealing with state and local matters – like state ballot issues, or local zoning controversies, or even ads that attack or support state or local candidates (when those ads are not bought by a candidate-authorized committee and do not address any federal issue) – only require the identification of the ad sponsor and its officers or directors in a document uploaded to the station’s political file.  Why the difference? Continue Reading Why Federal and State Issue Ads Have Different Broadcast Public File Requirements

Here are some of the regulatory developments of significance to broadcasters from the past  week, with links to where you can go to find more information as to how these actions may affect your operations.

  • July 18, 2022 was the reply comment deadline for the FCC’s Notice of Proposed Rulemaking on the its proposed regulatory fees for fiscal year 2022. The NAB Reply argued that broadcasters are proposed to pay too much, and contends that certain FCC operational costs have been misallocated to broadcasters for regulatory activities that do not involve them (the reg fees are allocated to reimburse the FCC for the costs of regulating each industry that the FCC oversees).  The NAB recognized that, as the fees need to be set soon so that they can be paid before the October 1 start of the next fiscal year, the FCC may not be able to broaden the base of payors to include currently unlicensed entities that benefit from FCC regulation, fees on broadcasters should be limited to an increase of no more than 5% rather than the 13% increase proposed for radio.  The FCC budget, which the fees are to reimburse, only increased by 2.1%.  As might be expected, representatives of other segments of the communications industry argued that their portion of the fees should not be increased.  Expect an FCC decision setting the final amounts for the fees in late August or very early September.
  • The FCC’s Enforcement Bureau issued a Notice of Violation (NOV) to an FM station in Georgia for operating an FM booster without FCC authorization – and without even applying for one. The NOV directs the station to file within 20 days a written explanation of its violations and what it has done to cure the problem.  The NOV cautions that the Enforcement Bureau could take further action against the station in the future, including assessment of a fine.  The Bureau also issued a similar NOV to an FM station in Florida for operating from a location not authorized by its Special Temporary Authority (STA), using an antenna not authorized by the STA. Remember, if you plan to change the transmission facilities with which your station operates, in the vast majority of cases, you will need the FCC’s prior approval to do so.
  • The FCC’s Audio Division issued a short-term renewal of one year (as opposed to a full term of eight years) to a group of Texas FM stations, each of which was alleged to have been silent for 25% of its license term and over 40% of the period covered by the renewal application plus the time that the renewal was under consideration. This again reminds broadcasters of the seriousness with which the Audio Division is treating stations that have been silent for extended periods.  See the July 19 entry on our Broadcast Law Blog for further discussion of the FCC’s developing practices in dealing with stations that are not continuously operating.
  • The FCC continues to aggressively police pirate radio stations, issuing five notices of illegal operation on July 18. In each case, the FCC warned the alleged violator that it could be subject to a fine of up to $2.1 million if such illegal operations continued.  These notices were again directed at the owners of the properties from which the pirates were operating.  See a sample notice here.
  • The FCC’s Audio Division rejected a request for the grant of an application from last year’s window for new Noncommercial Educational (NCE) reserved-band FM stations. The applicant requesting the grant was not preferred in a May decision awarding a construction permit to another mutually exclusive (MX) applicant based on its proposed superior technical coverage. After that decision, the applicant in this case amended its application and contended that, as the amendment removed any conflict with the winning applicant, its application should also be granted.  The FCC rejected that contention, as its rules only allow grant of one application out of any group of MX NCE applicants.  In its rulemaking setting the rules for deciding between MX NCE applications, it specifically rejected a proposal to allow “secondary grants” from within any MX group, fearing that allowing such grants would be administratively difficult and might result in the grant of technically inferior applications.  Without compelling reasons, which the Division did not see in this case, this policy will not be waived.
  • A new Chief Judge was appointed to the Copyright Royalty Board (CRB). The CRB sets certain music royalties and allocates certain fees collected by the Copyright Office.   For instance, the CRB sets the fees radio broadcasters pay to SoundExchange for streaming their signals on the Internet.  It also decides on the distribution of the distant signal royalties paid by cable and satellite for importing non-local television stations and the fees paid to ASCAP, BMI, SESAC and GMR by noncommercial broadcasters.  We wrote on our blog about the many other proceedings relevant to media companies in which the CRB is involved.

A new Chief Copyright Royalty Judge of the Copyright Royalty Board has just been named by the Librarian of Congress.  According to the Press Release announcing his appointment, David Shaw will fill that position after having previously served as an administrative law judge on the International Trade Commission for over 10 years.  There, he heard complex cases dealing with detailed financial matters – experience that sounds relevant to the kinds of cases he will be deciding on the CRB.  The Copyright Royalty Judges decide cases determining the marketplace value of music when  setting royalty rates, and that look at the relative value of programming when deciding the distribution of cable royalties to program copyright holders.  In addition to ITC experience, Shaw was a judge at the Social Security Administration and, according to his biography, worked in the General Counsel’s office at NPR early in his career.  With the appointment of this new Chief Judge, we thought that it would be worth looking at some of the specific areas in which the CRB makes decisions that affect media companies.

The CRB is principally charged with rates and distributions for copyrights governed by a “statutory licenses.”  A statutory license is created by Congress when it is believed that individual negotiations between copyright holders and copyright users would either be unduly complex so as to be almost unworkable or where an efficient market would not otherwise exist.  Essentially, the statutory license means that the copyright owner must license the work that they own – they cannot restrict its use – if the user pays the royalties set by law or established by the CRB and abides by the conditions for use set out in the law.  See our article here about music statutory licenses and our articles here and here on some of the issues with the TV statutory licenses.  The conditions of use are often carefully restricted so as to only cover very specific uses under the statutory license (see our article here on the conditions placed on the use of music under the statutory license for webcasting – the public performance right for sound recordings used by noninteractive services discussed below).

Continue Reading New Copyright Royalty Board Chief Judge Named – Looking at the Issues Considered by the CRB of Importance to Media Companies

The FCC’s Audio Division, in the latter part of the license renewal cycle for radio stations, seems to have adopted a more aggressive position on stations that were silent for extended periods of time during their license term.  In our summary of last week’s events of importance to broadcasters, we noted one case where an Oklahoma AM station was granted a license renewal for a one-year term, instead of the normal eight years, because the station had been silent for 50% of its license term.  Yesterday, another decision was issued granting the license renewals of 7 Texas stations for only one year because these stations had been silent for 25% of their license term (as well as a significant period of time after the license renewal applications were filed).  These and other decisions in recent months show that the FCC is cracking down on stations that are silent for extended periods of time, even if those periods of silence had been authorized by the FCC pursuant to a request for special temporary authority to remain silent.

In each of these decisions, the FCC notes that silent stations cannot be serving the public interest.  When they are silent, they are not providing information to local residents, nor are they relaying EAS alerts.  As the stations are falling short on their obligation to serve the public by extended periods of silence (even if those periods of silence are authorized), the FCC has been issuing these short-term renewals to be able to monitor the performance of these stations to assure that they are continuing to operate during the next year – rather than having to wait until the end of a normal 8-year term to decide if the station has been serving the public. Continue Reading FCC Cracking Down on Long Periods of Station Silence – Short-Term Renewals for Radio Stations Silent More than 25% of License Term

Here are some of the regulatory developments of significance to broadcasters from the past  week, with links to where you can go to find more information as to how these actions may affect your operations.

  • The US Court of Appeals this week determined that the FCC’s requirement that broadcasters confirm by searching DOJ and FCC databases that all buyers of program time on their stations are not representatives of foreign governments was beyond the power of the FCC as authorized by Congress. The Court decision will become effective if no appeals are filed.  The ruling does not change the obligation of broadcasters to have all buyers of program time certify in writing that they are not foreign governments, agents of foreign governments, or funded by foreign governments, and that no one in the production chain for any paid programming is a foreign government or its representative (or, if there are foreign governments behind the programming supplied to the station, the station must make appropriate on-air and public file disclosures).  Instead, the decision will simply remove the requirement that broadcasters verify the programmer’s certifications by reviewing the DOJ’s Foreign Agent Registration Act database and an FCC database listing foreign government funded video programmers.  For more on this decision, see the article in our Broadcast Law Blog, here.
  • This week, the FCC unanimously adopted an Order and Sixth Notice of Proposed Rulemaking (on which we previously reported) to delete or revise analog rules for LPTV and television translator stations that no longer have any practical effect or that are otherwise obsolete or irrelevant after the transition of these stations to digital operation. Comments and reply comments on the Sixth Notice of Proposed Rulemaking will be due 30 and 45 days, respectively from publication of the document in the Federal Register
  • At its July 14 Open Meeting, the FCC unanimously adopted a Notice of Proposed Rulemaking (also previously reported) seeking comment on whether to update its rules to identify a new Nielsen publication for determining a television station’s designated market area (“DMA”) for satellite and cable carriage purposes. Nielsen has notified the FCC that it will no longer publish its Station Index Directory, which has historically been used in combination with the Nielsen Station Index and United States Television Household Estimates to determine a station’s DMA for carriage purposes.  In his separate statement on the Notice of Proposed Rulemaking, Commissioner Simington, citing Nielsen’s current unaccredited status, expressed concerns about the FCC’s reliance on Nielsen data and Nielsen’s inclusion in nearly two dozen FCC rules, and called on the FCC to open a notice of inquiry on this topic.  Comments and reply comments on the Notice of Proposed Rulemaking will be due 30 and 60 days, respectively, from the date the document is published in the Federal Register.
  • Forty-nine state broadcaster associations, “represent[ing] nearly the entire universe of radio stations in every state and territory in the United States,” this week submitted a joint letter to the FCC to voice their “strong opposition” to GeoBroadcast Solutions’ (GBS) proposal that would permit GBS to deploy its proprietary ZoneCasting technology in the marketplace. Among other things, the associations state that “GBS’s approach would only undermine, rather than serve, listeners and local broadcasters, raising serious concerns about this new technology’s effect on local radio’s important public safety function and ability to provide the free, local news, information, and entertainment on which Americans rely.” The associations also highlighted the potential impact of ZoneCasting on public safety, listeners and the economics of the radio industry.
  • The FCC’s Audio Division of the Media Bureau released an Order adopting a consent decree with an Oklahoma AM station, in which the station was granted a short-term renewal of one year instead of a full term renewal for eight years.  The Bureau found that the station had been silent for four periods during its license term (including the period when its renewal application was pending), three of which were almost 12 months in length.  The Bureau was not persuaded to grant a full-term renewal by the fact that the station had sought FCC authorization for its periods of silence.  The station also disclosed that it had failed to comply with the FCC’s online public inspection file requirements.  In addition to the short-term renewal, the consent decree requires the station to implement a compliance plan to ensure future compliance with the online public inspection file requirements.  For another consent decree issued to resolve online public inspection file violations (but without issuing a short-term renewal, go here).
  • The FCC’ Video Division issued a Memorandum Opinion and Order and Notice Of Apparent Liability For Forfeiture proposing a $6500 fine on an LPTV station that had completed construction of its digital facilities in 2017 but did not file a license to cover that construction permit until late 2021 after the station’s digital construction permit expired and the FCC issued a notice cancelling the station license for not having met the July 2021 deadline for the commencement of LPTV digital operations. As the licensee was able to prove the prior construction of the station, the FCC reinstated the license but proposed the fine for late filing of the license application and operating without authority for the periods of its digital operation before the license application was filed.  This decision serves as a reminder that broadcasters who construct new facilities pursuant to a construction permit must file a license application upon the completion of construction notifying the FCC of the actual facilities constructed and verifying that the construction was accomplished according to the requirements of the permit.
  • The FCC’s Enforcement Bureau issued a Notice of Violation to an LPFM station in Florida for failure to allow FCC representatives to inspect the station. In this case, FCC agents from a Field Office were not allowed by employees of the station to inspect its operation, and the owner of the station allegedly, after being called, also refused to permit the inspection.  As noted in the Notice of Violation, the FCC rules require that all stations be available for inspection by FCC agents during all hours of operation.
  • This week, we published on our Broadcast Law Blog an article about two new performing rights organizations that are seeking royalties for the public performance of comedy recordings. ASCAP, BMI, SESAC and GMR do not typically cover the performance of the “literary work” underlying a recorded comedy routine, so these new PROs are seeking royalties for these performances.  Also on the Broadcast Law Blog was an article reminding stations that they need to register in the new CORES2 FCC database, and to use the FCC’s LMS database for all call sign change requests (or requests for call signs for new stations) as the independent call sign database is no longer in use.

And a reminder for next week, July 18, 2022 is the reply comment deadline for the FCC’s Notice of Proposed Rulemaking on the FCC’s proposed regulatory fees for fiscal year 2022.  In initial comments, the NAB argued that the FCC’s methodology for imposing the fees on broadcasters was inexplicable as it raised fees on broadcasters by 13% while the FCC budget which the fees are to reimburse only increased by 2.1%.   The state broadcast associations jointly filed comments expressing many of the same concerns.  The fees that the FCC is proposing for television and radio stations are set forth in Appendix C and Appendix G of the Notice of Proposed Rulemaking.

When providing briefings on FCC issues at a number of broadcast conventions in the past few months, I find that broadcasters are most often surprised by the relatively new FCC rule that requires that they verify that any buyer of programming time on their station is not an agent of a foreign government.  This week, the burden that this rule (about which we wrote here) imposed on broadcasters was eased, when a Court overturned one aspect of the obligations imposed by the FCC.

The FCC rule, Section73.1212(j), is designed to ensure that all broadcast programming that is paid for or sponsored by a foreign government or one of its agents is specifically identified on the air as having foreign government backing.  The FCC required specific wording for on-air identifications for this programming paid for or produced by foreign governments or those that they finance.  In addition, broadcast stations are required to get assurances in writing from all parties who pay for programming on their stations that the programmer is not a foreign government or an agent of any such government.  The FCC rule went further, requiring that each station verify by checking FCC and DOJ databases that any programmer who certified that they were not a foreign government agent was in fact not a government agent.  It was that last requirement – the requirement to check DOJ and FCC databases – that the Court rejected this week. Continue Reading Court Overturns Part of FCC Requirement that Broadcasters Confirm that Programmers are Not Foreign Government Agents