Discussion of FCC, copyright, advertising and other legal issues of importance to radio and television broadcasters and other media companies
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.
FEMA and the FCC announced that this year’s Nationwide EAS Test is scheduled for October 4, 2023 (with a back-up date of October 11 in case there is a real or threatened event that occurs around October 4). FEMA will transmit the nationwide test of the EAS at 2:20 pm EDT on October 4, 2023 using the Integrated Public Alert and Warning System (IPAWS), the Internet-delivered warning system that has been required for broadcasters for about a dozen years. The test will be disseminated in English and Spanish as a Common Alerting Protocol (CAP) message using the Nationwide Test of the Emergency Alert System (NPT) code. FEMA issued a Release announcing the test. The FCC issued a much more extensive Public Notice which includes a list of recommended steps that broadcasters should take to prepare for the alert, and a reminder for broadcasters to be sure that their information in the EAS Test Reporting System (ETRS) is accurate and up-to-date.
While the steps recommended by the FCC to prepare for the test are all somewhat obvious, they should still be reviewed by broadcasters to make sure that they have not overlooked anything that can enhance their preparation for the test. Among the recommendations from the FCC are that the broadcaster review their role in their state’s EAS plan, and make sure that their equipment and software has been updated to the most current versions. The FCC also suggests making sure the EAS clock on station EAS equipment is synchronized with the official time used by the National Institute of Standards and Technology which is used by the IPAWS system. Having an accessible EAS Official Handbook and reviewing the handbook for instructions on the operation of the EAS system is also on the FCC’s list.…
Continue Reading Nationwide EAS Test Set for October 4 – Start Your Preparations Now
August may be a light month for regulatory dates, as everyone enjoys the end of the summer with many, including Congress, taking the last of their summer vacations. But there are still dates to which broadcasters should be paying attention. One that most commercial broadcasters should be anticipating is the order that will set the amount of their Annual Regulatory Fees, to be paid sometime in September before the October 1 start of the federal government’s new fiscal year. Sometime in August (or possibly in the first days of September), the FCC will make a final determination on the amount of the fees, and then announce the deadlines for the payment of the fees. As we wrote here, the FCC has proposed to decrease fees for broadcasters from the amounts paid in prior years, but there have been some comments filed in opposition to that proposal. An Order concerning regulatory fees is currently on circulation among FCC Commissioners, so watch for the FCC decision making a final determination on those fees.
August has other routine regulatory deadlines. August 1 is the deadline for Radio and Television Station Employment Units in California, Illinois, North Carolina, South Carolina, and Wisconsin with 5 or more full-time employees to upload to their online public inspection file their Annual EEO Public File Report. A station employment unit is a station or cluster of commonly controlled stations serving the same general geographic area having at least one common employee. For employment units with 5 or more full-time employees, the annual report covers hiring and employment outreach activities for the prior year. A link to the uploaded report must also be included on the home page of each station’s website, if the station has a website. …
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.
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.
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 is relatively light on broadcast regulatory dates, but the Quarterly Issues/Programs List deadline on July 10 is one that applies to all full-power broadcasters and Class A TV stations. As set forth below, there are a few other dates worth noting this coming month – with more to come in August.
July 10 is the deadline by which all full-power television, full-power radio and Class A television stations must upload to their online public inspection files their Quarterly Issues/Program Lists for the second quarter of 2023. The lists should identify the issues of importance to the station’s community and the programs that the station aired in April, May and June that addressed those issues. As you finalize your lists, do so carefully and accurately, as they are the only official records of how your station is serving the public and addressing the needs and interests of its community. See our article here for more on the importance of the Quarterly Issues/Programs list obligation.
July 10 is also the deadline by which noncommercial educational stations must upload to their public inspection files documentation of any on-air fundraising benefitting third parties that interrupted their normal programming from April 1 through June 30, 2023. This obligation applies to noncommercial educational stations not affiliated with NPR or PBS that conducted such third-party on-air fundraising. For more information about this requirement, see our article here. Also on July 10, Class A television stations should upload to their online public file documentation of their continuing eligibility for Class A status during the period from April 1 through June 30, 2023.
Chairwoman Rosenworcel announced that the FCC, at its open meeting on July 20, intends to announce its decision resolving whether it will continue to allow “Franken FM” or “FM6 stations,” (i.e., LPTV stations operating on TV channel 6 with an analog audio service that can be received on FM radios at 87.7 MHz) to provide their existing analog radio service by authorizing it as an “ancillary or supplementary service.” LPTV operators had asked the FCC to bless the post-conversion operation of an analog audio signal embedded in the digital Channel 6 LPTV station transmissions so that these FM broadcasts can continue, which the FCC has tentatively decided to do with respect to 13 LPTV stations that had provided such service in the past. For more details on this item, see our blog article here
July 31 is the deadline by which commercial television stations with locally-produced programming whose signals were carried as distant signals by at least one cable or satellite system in 2022 may file royalty claims for compensation with the Copyright Office in Washington, DC. Cable and satellite systems are obligated to pay these royalties pursuant to their compulsory copyright license to carry distant TV signals on their systems. Stations that do not file claims by the July 31 deadline will not be able to collect royalties for distant carriage of their signals during 2022. The filing process consists of two-steps: (1) if you did not do so last year, you must register through the Copyright Royalty Boards’s eCRB system and then (2) file your claim electronically through eCRB by July 31, 2023.
The Commission recently issued a Public Notice announcing that it is taking comments on a Petition for Rulemaking filed by REC Networks in which REC proposes rules to govern a possible future FM translator filing window. Among REC’s proposals are a limit on applications by any one applicant and limits on the sale of any construction permits that are granted in any new filing window. Comments on the REC Petition are due on July 26, 2023 and will give the FCC the opportunity to decide whether to further advance these proposals through a formal rulemaking process.
The FCC has published its All-In Pricing for Cable and Satellite Television Service Notice of Proposed Rulemaking (NPRM). Comments are due July 31, and replies are due August 29. The NPRM proposes to require cable operators and direct broadcast satellite (DBS) providers to specify the “all-in” price for video service in their promotional materials and on subscribers’ bills. Cable operators and DBS providers would be able to complement the aggregate line item with an itemized explanation of the elements that compose that single line item.
Looking forward to early August, August 1 is the deadline for Radio and Television Station Employment Units in California, Illinois, North Carolina, South Carolina, and Wisconsin with 5 or more full-time employees to upload to their online public inspection file their Annual EEO Public File Report. A station employment unit is a station or cluster of commonly controlled stations serving the same general geographic area having at least one common employee. For employment units with 5 or more full-time employees, the annual report covers hiring and employment outreach activities for the prior year. A link to the uploaded report must also be included on the home page of a station’s website, if it has a website.
For those radio employment units in North Carolina and South Carolina, the Annual EEO Public File Report brings a new requirement, as this is the mid-point of those stations’ renewal term. As we wrote here, this means that the FCC will conduct its EEO Mid-Term Review of those radio employment units with 11 or more full-time employees. When radio stations in these states upload their Annual EEO Public File Reports, they must also check a new checkbox in the Settings section of the FCC-hosted public inspection file stating whether or not they have 11 or more full-time employees in their employment unit, so the FCC knows which clusters to review as part of the Mid-Term Review. All other radio groups will need to complete this step as well prior to their Mid-Term Review.
As always, this list of dates is not exhaustive. Note, too, that deadlines can change. Always review these dates with your legal and technical advisors, and note other dates not listed here that may be relevant to your operations. …
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.
AM radio (and broadcast radio in general) received strong support from Congressional representatives during this week’s hearing before the House Committee on Energy and Commerce’s Communications and Technology subcommittee. Significant time was spent on recognizing AM radio’s important role in the emergency communications network, both in delivering emergency alerts from the EAS system and in conveying additional information of importance to the public through news and public affairs programming (see the initial statement of J Chapman, a broadcaster based in Indiana who testified on behalf of the AM industry, and the statement of an official of the New Jersey State Police, who talked about the importance of AM in providing emergency information). Virtually all the representatives urged car companies to retain AM in cars. Despite this widespread support, some of the legislators expressed reluctance to adopt a legal mandate to require AM in cars, particularly representatives who have philosophical reservations about the government mandating business decisions. That position was of course highlighted by the testimony of the representative of the automotive industry. In the day’s discussion of these questions, some clues to the future of entertainment in the car may have emerged.
AM and public safety advocates at the hearing argued that AM radio needed to be protected. They emphasized that AM provides the backbone of the emergency alert system due to the ability of high-powered AM stations to cover vast distances unimpeded by terrain obstacles. Even the sole representative of the automobile industry on the panel agreed that, at this point, over the air radio provides the best and most reliable source of free emergency alerts. The additional contextual information provided by news/talk AM stations was also emphasized, as stations can go beyond simply delivering a government issued emergency alert by providing in its programming the details and relevant context in any emergency. While not central to the discussion, especially in the later parts of the hearing, there was also talk of the importance of providing a free audio service to the public for more than just emergency programming, particularly a service that often programs to underserved groups. Protecting the investment of radio operators was also mentioned, as removing AM from cars would vastly decrease the potential audience for most of these stations. The desire to continue providing service to the public from AM stations was the broadcaster’s vision of the future of entertainment options in the car.…
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.
