Assignments and Transfers

For the first time since October, we can say that the federal government is funded for the rest of the fiscal year (through the end of September) so we do not expect to have to report on any threats of a government shutdown for many months. With that worry off our plate, we can look at the dates that broadcasters do need to pay attention to in the month of April.

First, we’ll look at the most significant routine filing deadlines coming up in April.  April 1 is the deadline for radio and television station employment units in Delaware, Indiana, Kentucky, Pennsylvania, Tennessee, and Texas with five or more full-time employees to upload their Annual EEO Public File Report to their stations’ online public inspection files.  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 five 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.  Be timely getting these reports into your public file, as even a single late report can lead to FCC fines (see our article here about a recent $26,000 fine for a single late EEO report).

The filing of the Annual EEO Public File Reports for radio station employment units in Indiana, Kentucky, and Tennessee with eleven or more full-time employees triggers a Mid-Term EEO Review, where the FCC will analyze the last two Annual Reports for compliance with FCC requirements.  There is no form to file to initiate this review but, when radio stations located in those states with five or more full-time employees are required to upload to their public file their annual EEO Public File Report, they must also indicate in the online public file whether their employment unit has eleven or more full-time employees, using a checkbox now included in the public file’s EEO folder.  This allows the FCC to determine which station groups need a Mid-Term Review.  See our articles here and here on Mid-Term EEO Review reporting requirements for radio stations.Continue Reading April Regulatory Dates for Broadcasters – EEO Reports, Quarterly Issues/Programs Lists, LUC Windows, Rulemaking Comments, and More

  • The FCC issued a Notice of Apparent Liability proposing to fine Nexstar Media Group,
  • 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.

    While there are a number of regulatory deadlines scheduled for broadcasters in the month of March, there is also the potential for some of those to shift if we have a federal government shutdown.  As of the date of the publication of this article, we do not know if a federal government shutdown will occur this month, with the FCC and FTC currently being funded only through March 8.  As we recently discussed here, the FCC and other government agencies may have to cease all but critical functions if they do not have any residual funds to continue operations during a shutdown.  Therefore, if Congress fails to extend funding of the FCC and other government agencies past March 8, many of the regulatory deadlines discussed below will likely be postponed. If there is a shutdown, and any of the deadlines below apply to you, be sure to research how the shutdown affects your operations.

    There are certain technical deadlines likely not affected by any shutdown.  Those include the requirement that, by March 11, broadcasters using Sage EAS equipment implement the requirement that, when a station receives an over-the-air EAS alert, it must wait at least 10 seconds to determine if a CAP alert has been sent through the IPAWS system and, if it has, the station should rebroadcast that internet-delivered CAP alert rather than the one received over the air.  We wrote more about that requirement on our Broadcast Law Blog, here. For stations using other EAS equipment, the deadline was December 12, 2023 to implement this requirement but as Sage was delayed in pushing out its equipment update, users of that equipment were given until March 11 to comply with this requirement. Continue Reading March Regulatory Dates for Broadcasters – Sage EAS Compliance Deadline, Effective Dates of New FCC Rules, Comment Deadlines, Daylight Savings Time, Political Windows, and More

    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 FCC released its agenda for its Open Meeting scheduled for February 15.  The FCC will consider two items of

    The FCC last week issued a Notice of Proposed Rulemaking aimed to give incentives to broadcasters to air more local journalism and local programming by prioritizing the processing of certain applications by stations that feature local programming.  That decision drew dissents from both of the FCC’s Republican Commissioners, not because of the proposal for the preference, but because they were concerned about language in the Notice asking for comment on whether the FCC was correct in its 2017 decision that abolished the main studio rule and the policy requiring broadcasters to have the capability of originating programming from a physical location in their service areas.  

    The proposal to prioritize the processing of applications by stations with local programming is a narrow one.  The priority would only apply to renewal applications, and applications for sales of full-power stations (assignments of licenses and transfers of control).  The FCC’s proposal would not apply this preference to routine applications that are processed in the normal course (with renewals usually being granted within a month after the three-month comment period following the renewal filing deadline, and assignment and transfer applications similarly being routinely granted within a few weeks of the end of the 30 day public comment period following the public notice of the filing of an application for FCC approval of the sale).  Instead, the majority decision proposes to apply the priority only to applications that are non-routine, giving faster processing to applications that have petitions filed against them, or where the FCC has other concerns with a routine grant of the application (seemingly, in the renewal context, that would apply to cases where there are certifications in the application that cannot be made by an applicant, e.g., where it cannot certify that it had properly maintained its public inspection file during the license term, or that the applicant had not violated FCC rules or had not been silent for an extended period during the license term).Continue Reading FCC Proposes to Prioritize Processing of Applications by Stations with Local Programming – And Asks Many Questions About Whether the FCC Should Have Abolished the Main Studio Rule

    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.

    • President Biden signed a Continuing Resolution passed by Congress averting a federal government shutdown that was to begin on January

    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 FCC’s January 12 report listing the items on circulation (those orders or rulemaking proposals that have been drafted and

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

    • The AM for Every Vehicle Act was scheduled for a US Senate vote this week through an expedited process

    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 NAB and REC Networks, an LPFM advocacy organization, jointly requested an extension of the December 12, 2023 deadline for