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

  • The FCC announced that CDBS, the database where all broadcast applications were filed before most migrated to the newer LMS

2022 has begun – and we are all wondering what will lie ahead in the New Year.  Each year, at about this time, we put together a look at highlights of the regulatory dates ahead for broadcasters.  This year is no different – and we offer for your review our Broadcaster’s Regulatory Calendar for 2022

Since the 1990s, the FCC’s Consolidated Database System (CDBS) has been used for filing broadcast applications.  In recent years, though, much of the filing activity has been migrated to the FCC’s Licensing and Management System (LMS).  While in some ways not as user-friendly as CDBS, LMS apparently has some advantages in, among other things, its searchability.  Given the migration that has already occurred for most FM and TV technical applications, ownership reports, and assignment and transfer applications, CDBS had few continuing uses.  Thus, the FCC yesterday announced that it is ending the filing of new applications in the CDBS system at the end of the day today, January 12, 2022, at 5 PM Eastern Time.  All filings that were still being made in CDBS and that cannot be submitted via LMS are now to be made by email to an email address set out in the FCC’s Public Notice: audiofilings@fcc.gov.

What is left that is not filed in LMS?  Filings that, until 5 PM ET today were made in CDBS, include the following:

  • AM Application for Construction Permit for Commercial Broadcast Station on Form 301
  • AM Application for Construction Permit for Reserved Channel Noncommercial Educational Broadcast Station on Form 340
  • AM Applications for Broadcast Station License on Form 302
  • Special Temporary Authority (STA) Engineering Requests and Extension of Engineering STA Requests for all audio service stations
  • Silent STA / Notification of Suspension/ Resumption of Operations / Extension of Silent STA Requests for all audio service stations
  • Change in official mailing address
  • AM Digital Notification on Form 335-AM
  • All-Digital AM Notification on Form 335-AM
  • FM Digital Notification on Form 335-FM
  • Amendments to pending applications previously submitted in CDBS
  • Pleadings (Petitions to Deny, Informal Objections, Oppositions, Replies, Supplements, Petitions for Reconsideration and Applications for Review) concerning applications submitted through CDBS or using the email procedures that had previously been instituted for some of the above-listed applications in recent years.

In connection with the last bullet, the FCC noted that some parties had been filing pleadings related to applications filed in CDBS in LMS (which usually contains a reference to the CDBS-filed application).  The FCC asks that pleadings filed in connection with applications submitted through CDBS be filed with the email system described above, and not through LMS.  Pleadings concerning LMS-submitted applications should, of course, be filed in LMS.
Continue Reading FCC Announces End of Filings in their CDBS Database As of 5 PM Eastern Time Today! 

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

  • The FCC released the results of the August 11 Nationwide EAS Test, finding that, compared to the 2019 test

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

  • Music licensing organization Global Music Rights (GMR) has agreed to a three-month extension of its current interim licensing agreement. GMR

While Thanksgiving is in the rearview mirror and the holiday season is upon us, broadcasters cannot ignore the regulatory world until the new year, as much is going on in December.  Below are some of the several important regulatory dates and deadlines in the coming month that you may need to deal with before the celebrations begin.

By December 1, all licensees of commercial and noncommercial full power TV, Class A TV, low power TV, AM radio, and FM radio stations must submit an ownership report that details the licensee’s ownership structure as of October 1, 2021.  The FCC has warned that there will be penalties for stations that do not file these reports.  Licensees with ownership structures that include parent entities must also file a report for each of those entities.  An informational session run by FCC staff is archived, here, and answers to frequently asked questions are available, here.  See our blog post covering ownership reporting, here.
Continue Reading December Regulatory Dates for Broadcasters: Ownership Reports, License Renewal Filings, EEO Filings and Reporting, Ancillary or Supplementary Service Fees, Political Advertising Reports, and More

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

  • In the last two weeks, many stations have discovered that links to their FCC-hosted online public inspection file no longer

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

  • The Senate Commerce Committee announced this week that it will hold a hearing to consider FCC Chairwoman Jessica Rosenworcel for

With the Administration’s decision to renominate Jessica Rosenworcel for another term on the FCC and to select her as the permanent chair of the Commission, and the nomination of Gigi Sohn to fill the vacant seat on the FCC, and assuming both are confirmed by the Senate (though the Wall Street Journal noted that there

On December 1 of this year, Biennial Ownership Reports are due to be filed at the FCC by all full-power radio and TV stations, commercial and noncommercial, as well as from Class A TV and LPTV operators.  These reports are due every two years.  While the last two biennial reports that had been due in December 2019 and in December 2017 had their deadlines extended to early the next year because of issues with the FCC forms that were at that point still being refined, no such issues are expected this year. In fact, a month ago when the window opened for filing these reports, the FCC released a Public Notice reminding broadcasters of the filing deadline, emphasizing its importance, and issuing this warning that there may well be fines or other penalties for stations that do not timely file this required report:

Consistent with the importance of this information, Commission staff intends to pursue enforcement actions against licensees that fail to file their biennial ownership reports in a timely or complete manner. 

Why does the Commission collect this information?  Biennial ownership information not only keeps track for the public of who owns broadcast properties, but it also allows the Commission to track broadcast ownership.  In recent years, the reports ask for the gender and race/ethnicity of owners of stations (and control parties of noncommercial stations), and the Commission plans to use this information to track industry ownership trends.  This was an issue in the most recent change in the broadcast ownership rules, where the Third Circuit, before being overturned by the Supreme Court, had wanted the FCC to determine the impact of past changes in its ownership rules on minority and female ownership – and the FCC fought back, claiming that it did not have that information (see our article here).  These reports are one way in which such information is supposed to be provided by the FCC.
Continue Reading Less than a Month to Go – Reminder to Broadcasters to File Biennial Ownership Reports by December 1 or Potentially Face Penalties