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
We took last week off for the holidays and today bring you the regulatory developments of interest to broadcasters from the past two weeks, which we discuss below with links to where you can go to find more information as to how these actions may affect your operations.
It’s a new year, and as has been our custom at the beginning of each year, we dust off the crystal ball and take a look at what we think may be some of the significant regulatory and legislative issues that broadcasters will be facing in 2025. This year, there is an extra layer of uncertainty given a new administration, both in the White House and at the FCC. Already, it appears that a new administration will bring new priorities – some barely on the radar in past years – to the top of the list of the issues that broadcasters will need to be carefully monitoring.
One of those issues has been a possible FCC review of the meaning of the “public interest” standard under which all broadcasters are governed. As we wrote when President-Elect Trump announced his pick for the new FCC Chair starting on Inauguration Day, Chair-Designate Brendan Carr has indicated that this public interest proceeding will be a high priority. In his opinion, broadcasters, or perhaps more specifically the news media, have suffered from an erosion of trust, and it has been his expressed opinion that a reexamination of the public interest standard might help to restore public trust. We noted in our article upon his selection that this is not the first time that there has been a re-examination of that standard. It has traditionally been difficult to precisely define what the standard means. In the coming days, we will be writing more about this issue. But suffice it to say that we are hopeful that any new examination does not lead to more paperwork obligations for broadcasters, as seemingly occurred whenever any broadcast issue was addressed by the current administration. As we note below, there are several paperwork burdens that we think may disappear in the new administration, so we are not expecting more paper – but we will all need to be carefully watching what develops from any re-examination of the public interest standard.Continue Reading Looking Into the Crystal Ball – What Legal and Policy Issues are Ahead for Broadcasters in 2025?
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.
With much of everyone’s focus on the outcome of the November 5 general election, broadcasters can’t forget the regulatory dates and deadlines in November and early December. While the dates and deadlines in November are lighter than in many other months, many routine deadlines do fall in early December, and even the upcoming month does have dates worthy of note.
The one broadly applicable deadline for AM stations that does fall early in the upcoming month is November 3, when Daylight Savings Time ends. AM daytime-only radio stations, Am stations with different daytime and nighttime patterns, and those operating with pre-sunrise and/or post-sunset authority should check their sign-on and sign-off times on their current FCC authorizations to ensure continued compliance with the FCC’s rules. Broadcasters need to note that all times listed in FCC licenses are stated in standard time, not daylight savings time even if it is in effect.
For television stations, there is a deadline later in the month. November 26 is the deadline for television stations to provide an aural description of visual but non-textual emergency information, such as maps or other graphic displays, conveyed outside of station newscasts. This would include maps showing severe weather and other graphic depictions of emergency information during non-news programming. Since 2013, stations must make textual information about emergency conditions that occur during non-newscast video programming (such as textual crawls about emergency conditions) audibly accessible to individuals who are blind or visually impaired through having the textual information presented aurally on the station’s SAP channel – the secondary audio channel. The 2013 rules required that visual maps and other non-textual information also be described on SAP channels but, as we discussed in articles here, here, and here, the FCC has extended this deadline numerous times because of the unavailability of workable technology that can automatically perform the functions required by the rule. By the November 26 deadline, stations will either need to provide aural information about non-textual emergency information that runs outside of a newscast, or avoid airing such graphical alerts during non-news programming, or hope that there are new requests for FCC relief before the looming deadline.Continue Reading November 2024 Regulatory Dates for Broadcasters: AM Stations Need to Adjust to the End of Daylight Savings Time, Deadline for Aural Description of Visual Emergency Alerts for TV, Final Rules for FM Zonecasting, 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.
October is, on paper, another busy month of regulatory deadlines for broadcasters. But there is again the looming possibility of a federal government shutdown beginning October 1 if Congress fails to fund the government for the coming year (or pass a “continuing resolution” to allow government agencies to function at their current levels). While as of today there are reports of a plan to extend funding through December, until a continuing resolution is passed, the threat remains. If a shutdown does occur, the FCC, the FTC, and the Copyright Office may have to pause their operations which may result in some of the regulatory deadlines discussed below being delayed. However, in some cases agencies have leftover funding to keep them functioning for a few extra days. Stay tuned to see if any of the dates below have to be rescheduled. [Update – 9/26/2024, 9:00 AM – a continuing resolution extending government funding through December 20 was passed late yesterday by both the House and the Senate averting, for now, the shutdown about which we were concerned. Thus, the deadlines listed below are in effect as scheduled]
Assuming this recurring issue is resolved, let’s look at some of the October dates and deadlines, starting with the routine dates of importance to broadcasters. October 1 is the deadline for radio and television station employment units in Alaska, American Samoa, Florida, Guam, Hawaii, Iowa, Missouri, Northern Mariana Islands, Oregon, Puerto Rico, the U.S. Virgin Islands, and Washington 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 station’s OPIF, 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).Continue Reading October 2024 Regulatory Dates for Broadcasters – Quarterly Issues Programs Lists, Annual EEO Public File Reports, ETRS Form One, Comment Deadlines, 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.
It is time for our update on the coming month’s regulatory dates and deadlines to which broadcasters should be paying attention – and the deadline that probably is most important to all commercial broadcasters is not yet known. That, of course, is the deadline for the payment of annual regulatory fees – which must be made before the federal government’s October 1 start of the new fiscal year. We expect an announcement of the final decision on the amount of those fees for various broadcasters, and the deadlines for payment, in the next few days. Keep on the alert for that announcement.
A second big date for all commercial broadcasters is September 6, when the lowest unit rate period for political candidate advertising – the “political window” – opens for the November 5 general election. During this 60-day period prior to the general election, legally qualified candidates buying advertising on a broadcast station get the lowest rate for a spot that is then running on the station within the same class of advertising time and in the same daypart (see our article here on the basics of computing LUR). Candidates also get the benefit of all volume discounts without having to buy in volume – i.e., the candidate gets the same rate for buying one spot as the station’s most favored advertiser gets for buying hundreds of spots of the same class. For a deeper dive on how to prepare for the November general election, see our post, here, which also includes a link to our comprehensive Political Broadcasting Guide. Continue Reading September 2024 Regulatory Dates for Broadcasters – FCC Regulatory Fees, LUC Window for the General Election, Comment Deadlines on AI in Political Advertising and More
Here are some of the regulatory developments of significance to broadcasters from this past week, with links to where you can go to find more information as to how these actions may affect your operations.
