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We yesterday wrote about Chairman Pai’s promise to start the process of modernizing media regulation by abolishing a simple but outdated rule – one requiring that each broadcast station have a physical copy of the FCC rules on the station premises. Yesterday, the FCC released a draft of their Notice of Proposed Rulemaking to implement…

FCC Chairman Ajit Pai spoke on Wednesday at the opening lunch at the NAB Radio Show in Austin, promising more moves to bring media regulation in line with the realities of the modern media marketplace. In his speech, the text of which is available here, the Chairman promised several actions including the following:

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The FCC late yesterday released an Order setting the amount of FY2017 Annual Regulatory fees, along with a public notice setting September 26 as the deadline for those fees. Reg fees may be paid now through September 26. If not paid by 11:59 PM Eastern Time on that date, penalties of 25% will be assessed. In addition, applications by any licensee that has not paid its fees may be held by the Commission without action until the fees are paid, and can even end up resulting in a license cancellation in cases where the failure is a long-term unresolved issue.

The public notice also makes clear that fees can only be paid by electronic transfer of funds. Checks and money orders will not be accepted. Only payments by credit cards or electronic transfer of funds will be allowed. Credit cards can only be used for payments up to $24,999.99 by any entity. Only commercial stations need to pay these fees. A fact sheet for Media Services is available here and contains more details on the fees and procedures for payments by broadcasters. But the amounts of the fees for various classes of broadcasters were set by the FCC’s Order also released yesterday.
Continue Reading FCC Regulatory Fees Due By September 26

The FCC on Friday announced that they were extending the deadline for filing Biennial Ownership Reports by broadcasters from December 1 to March 2, 2018 to be sure that the new version of the form in the FCC’s LMS database will be up and ready to be used. The FCC will open the window for…

Summer is coming to an end, but the legal obligations never take a vacation, and September brings another list of regulatory deadlines for broadcasters. While the month is one of those without the usual list of EEO Public File obligations or quarterly FCC filing obligations, there still are a number of other regulatory deadlines for which broadcasters need to be prepared.

For commercial broadcasters, the September date that should be on everyone’s mind is the deadline for the payment of annual regulatory fees. As we wrote here, there is an FCC order circulating among the Commissioners that should be released any day, setting the amounts of the regulatory fees and the deadline for their payment. These fees will almost certainly be due in September, prior to the start of the government’s fiscal year on October 1. So stay alert for the announcement of the window for paying these “reg fees.”
Continue Reading September Regulatory Dates for Broadcasters – Including Reg Fees, Nationwide EAS Test, Must-Carry Letters, Lowest Unit Rate, Translator and Repack Deadlines and GMR License Extension

All EAS Participants – including all full-power broadcasters – must complete the 2017 ETRS Form One on or before August 28, 2017.  We wrote about this obligation here. The filing deadline was set for next week as the ETRS system is used so that stations can report on the results of nationwide EAS tests.…

The window for filing applications for new FM translators for Class C and D AM stations has now closed. According to a statement from FCC Chairman Pai, over 1000 AM stations took advantage of the filing window.  What’s next? The FCC will take these applications and determine which of them are mutually exclusive with some other application filed during the window that ended yesterday. Those that are not in conflict with any other application filed during the window will be asked to complete the Form 349 application (so far, applicants have filed only the “tech box” setting out the basics of their technical proposal). The completed Form 349s will be processed and, barring any issues, construction permits will be granted.

The FCC will also determine which applications are mutually exclusive. At some point, it will release a list of all mutually exclusive applications, and these applicants will be able to discuss resolving their conflicts by minor technical amendments to their applications (e.g. site changes, directional antennas, changes to a new channel within 3 channels of the channel they originally proposed in the tech box application). It is important that applicants not discuss possible resolution with other broadcasters in their market at this time, as this is theoretically an auction proceeding where there are rules against “prohibited communications” that are now in effect. It might seem silly that you can’t discuss a resolution of a conflict with a competitor now when, in a few weeks, the FCC will allow it (and in fact probably encourage it). But, by applying the auction rules to this filing window, these prohibitions are in effect and are taken seriously by the FCC until the settlement window opens.
Continue Reading FM Translators for AM Stations – Now that the Filing Window is Done, What’s Next?

The FCC yesterday released an online tutorial for the upcoming windows for filing for FM translators for AM stations. The first window will run from July 26 until 6 pm ET on August 2, where Class C and D AM stations that did not receive a translator in last year’s 250-mile waiver windows can file…

Today, the order eliminating the requirement that broadcasters maintain in a paper public inspection file copies of letters and emails to their stations about station operations becomes effective. While the FCC abolished the requirement back in January, one of the first deregulatory actions of the new Chairman (see our article on that decision here),…