Discussion of FCC, copyright, advertising and other legal issues of importance to radio and television broadcasters and other media companies
Principal Editor: David O’Connor
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.
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While the pandemic has focused much attention on streaming television services, at least some companies believe that over-the-air television still has a future, as evidenced by recent proposals to allocate new TV channels which, if adopted, could result in brand new TV stations. As we wrote here, last year the FCC lifted the freeze…
Here are some of the regulatory developments from the last week of significance to broadcasters, with links to where you can go to find more information as to how these actions may affect your operations.
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The Commission’s staff this week issued a Public Notice reminding broadcasters that the reimbursement program for those broadcasters displaced by the repacking of the television band after the incentive auction is coming to an end. The FCC reminded broadcasters eligible for reimbursement (including certain FM stations and LPTV licensees – see our article here ) that deadlines to submit invoices for reimbursement will start in six months. By those deadlines, all remaining invoices for reimbursement from the TV Broadcaster Relocation Fund must be submitted to qualify for reimbursement.
While different deadlines apply to different categories of broadcasters eligible for reimbursement, the Commission “strongly encouraged” all broadcasters to submit all remaining invoices and initiate close-out procedures as early as possible. The FCC notes in the Public Notice that payments up to the total amount of each entity’s allocation are available upon processing of documents reflecting reasonably incurred costs. However, the FCC will not be able to make a final allocation up to the full amount of costs incurred until all or virtually all invoices for incurred costs are submitted, or at such time as the FCC can reasonably extrapolate that the total amounts available in the Relocation Fund will be sufficient to meet all of the costs that have to be covered under that program.
Continue Reading Closing Out the Incentive Auction and TV Repack – FCC Reminds Broadcasters of End Dates for Submitting Invoices for Repacking Expenses
The broadcast trade press is full today with the news that NAB CEO Gordon Smith will be stepping back from that position at the end of the year, to be replaced by current COO (and former head of Government Relations) Curtis LeGeyt. As many will remember, Smith took over the organization over a decade ago during a turbulent time for the industry. At the time, TV stations faced increasing calls for other uses of the broadcast spectrum, and radio stations faced a possible performance royalty on their over-the-air broadcasts of sound recordings. Since then, through all sorts of issues, there has been a general consensus in the industry that its leadership was in capable hands and meeting the issues as they arose.
But many issues remain for broadcasters – some of them ones that have never gone away completely. The sound recording performance royalty for over-the-air broadcasting remains an issue, as do other music licensing issues calling for changes to the way that songwriters and composers are compensated, generally calling for higher payments or different compensation systems (see our articles here on the GMR controversy and here on the review of music industry antitrust consent decrees). TV stations, while having gone through the incentive auction giving up significant parts of the TV broadcast spectrum, still face demands by wireless operators and others hungry for more spectrum to provide the many in-demand services necessary to meet the need for faster mobile services (see our articles here on C-Band redeployment and here on requests for a set aside of TV spectrum for unlicensed wireless users). But competition from digital services may well be the biggest current issue facing broadcasters.
Continue Reading With a Change at the Top at the NAB as CEO Gordon Smith Plans His Departure – What are the Regulatory Issues That are Facing Broadcasters?
Here are some of the regulatory developments of the last week of significance to broadcasters, with links to where you can go to find more information as to how these actions may affect your operations.
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Here are some of the regulatory developments of the last week of significance to broadcasters, with links to where you can go to find more information as to how these actions may affect your operations.
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In a Public Notice, the FCC has reminded all analog LPTV stations and TV translators that they need to convert to digital by July 13, 2021 or cease operations. The Notice reminds operators of these stations that, if they cannot meet the July 13 deadline, they can request an extension by March 15. Upon a showing setting out that their inability to meet the deadline was for reasons beyond their control, the Commission may grant an extension of up to 6 months to construct the digital facilities (though, even if their conversion deadline is extended, the analog operations must cease by July 13).
One issue left unresolved by the FCC is the status of “Franken FMs,” those analog LPTV stations on Channel 6 whose audio is used to provide an FM radio service on 87.7 on the FM band. As we wrote here, the FCC asked for comments on a request to allow these stations to continue to provide an analog audio signal even after the digital conversion deadline to allow these audio services to continue. Though the deadline is getting close, there thus far has been no response by the FCC on that request.
Continue Reading FCC Reminds Analog LPTV/TV Translators of July 13 Digital Transition Deadline – Extensions Due by March 15
Here are some of the regulatory developments of the last week of significance to broadcasters, with links to where you can go to find more information as to how these actions may affect your operations. Also, we include a quick look at some important dates in the future.
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Here we are, in a new and hopefully more “normal” year – wondering what will be ahead. Each year, at about this time, we put together a look at the regulatory dates ahead for broadcasters – or at least the primary ones that we already know. This year is no different – and we offer for your review our Broadcaster’s Regulatory Calendar for 2021. While this calendar should not be viewed as an exhaustive list of every regulatory date that your station will face, it highlights many of the most important dates for broadcasters in the coming year – including dates for license renewals, EEO Public Inspection File Reports, Quarterly Issues Programs lists, children’s television obligations, annual fee obligations and much more. This year, for LPTV and TV translator operators, there are also dates associated with this summer’s deadline for all such stations to be operating digitally (see our article here).
While this likely will not be a big political advertising year like 2020, there will be some state and local races – so we note the start of the Lowest Unit Charge window for this year’s November election – relevant in states like New Jersey and Virginia where there are races for governor and state legislature, and to the many locations across the country that will have mayor’s races and other state and local political contests. Look for local information about the dates for any primary elections for these elections – as those primaries have their own LUC windows for the 45 days preceding the primary. See our article here on how the other political broadcasting rules apply to state and local elections.
Continue Reading A Broadcaster’s 2021 Regulatory Calendar – Looking at Some of the Important Dates for the Year Ahead
