We are celebrating our birthday.  Last week marked 15 years since the first short articles were published on this blog, with an official welcome being posted once we decided that we really could find something to regularly write about – that welcome posted 15 years ago Friday.  Here we are, a decade and a half and almost 2,500 articles later, and there still is no shortage of topics to cover.

In the 15 years that the blog has been active, our audience has grown dramatically.  In fact, I’m amazed by all the different groups of readers – broadcasters and employees of digital media companies, attorneys and members of the financial community, journalists, regulators, and even students and teachers.  Because of all the encouragement that I have received, I’ve kept going, hopefully providing you all with some valuable information along the way.  If you are interested, I recently discussed the blog with the LexBlog’s This Week in Legal Blogging (the video can be accessed here), telling many stories about unusual interactions with readers of our articles.
Continue Reading Celebrating 15 Years of the Broadcast Law Blog

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.

  • New rules went into effect on May 24 that are designed to give broadcast TV stations greater flexibility in the

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.

  • The FCC asked for public comment on a proposal to increase from 100 to 250 watts the maximum power allowed

Under the Twenty-First Century Communications and Video Accessibility Act of 2010 (commonly called the CVAA), the FCC has adopted many rules designed to enhance accessibility to broadcast communications, particularly those provided by television broadcasters.  In a recent Public Notice, the FCC asked for comments as to how the implementation of the CVAA has

May is somewhat lighter on broadcast regulatory dates and deadlines than some recent months, but there are still dates to note.  Among other things, the FCC will begin the process of auctioning 140 construction permits for new AM and FM radio stations across the country.  Also, broadcasters in several states, with an eye on the June 1 deadline, should be preparing now to file applications for license renewal or to prepare and upload to their public inspection file EEO public file reports, demonstrating their compliance with the FCC’s equal employment opportunity requirements.  So let’s take a look at some of the important dates for May (and early June).  As always, be sure to consult with your communications counsel on the dates and deadlines applicable to your operation.

The Auction 109 window for “short-form” applications to participate in the auction of 136 FM construction permits and 4 AM construction permits began at 12:00 p.m. Eastern Time on April 28 and will close at 6:00 p.m. Eastern Time on May 11.  By that deadline, interested parties must file with the FCC their short-form applications (FCC Form 175) setting out information including their ownership and the channels on which they are interested in bidding.    The auction is scheduled to begin on July 27.  A freeze on the filing of FM minor modification applications remains in effect until the end of the auction filing window.  This freeze was imposed to ensure that Commission staff and auction bidders have a stable database to work with during the auction.  Read more about the auction and freeze, here and here.
Continue Reading May Regulatory Dates: Auction Applications for AM and FM Construction Permits for New Radio Stations, New DTS Rules, License Renewals and More

In January, the FCC adopted new rules for Distributed Transmission Systems (DTS) for TV broadcasters (the FCC’s order is available here).  Last week, the rules were published in the Federal Register, setting the effective dates of these new rules as May 24, 2021 (except as they apply to Class A TV, LPTV and TV translators, where new rules are subject to further review by the Office of Management and Budget under the Paperwork Reduction Act before they become effective).  The FCC yesterday released a Public Notice confirming that effective date.  The new rules for DTS will allow over-the-air TV broadcasters to provide stronger, more uniform coverage throughout their service areas, rather than having coverage strongest near to a station’s transmitter site and decreasing as the distance to the viewer increases (or as terrain obstacles intervene).

DTS, also referred to as Single Frequency Networks, allow TV stations to, instead of having one large transmitter in the center of its market area, use multiple transmitters throughout the service area to provide more consistent coverage throughout the market.  The new ATSC 3.0, Next Gen television transmission standard that is being rolled out throughout the country was designed for this kind of operation. This transmission model is more akin to the operation of cellular telephone networks than to the old broadcast model.  ATSC 3.0 uses a transmission system in which multiple signals on the same channel that are receivable at the same location reinforce each other.  Older broadcast transmission systems face issues when trying to operate multiple transmitters on the same channel, as these transmitters can cause destructive interference in areas where their coverage overlaps, making coverage worse, not better  (see, for instance, the concerns about the proposals for the use of “zonecasting” for FM stations, where arguments have been raised that multiple FM same-channel boosters rebroadcasting a primary FM station will create pockets of interference within a station’s market – see our references to such comments in articles here, here, and here).  The new DTS rules allow TV broadcasters to take advantage of the new ATSC 3.0 transmission characteristics to provide uniform, strong signals throughout a station’s market, without the destructive interference.
Continue Reading Effective Date Set for New Rules on TV Distributed Transmission Systems (Single Frequency Networks) – An Assist in the Roll-Out of Next Gen TV 

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.

  • At the FCC’s regular monthly Open Meeting, the Commissioners voted to adopt new rules mandating sponsorship identification of foreign government-provided

Earlier this week, we highlighted a letter sent last week from Congresswoman Anna Eshoo asking the FCC to review CALM Act complianceThe letter noted that the FCC has received thousands of complaints about loud commercials in the decade that the law has been in effect without having taken any enforcement action.  The FCC wasted no time in reacting, with Media Bureau issuing a request late Monday for comments on the current rules which implement the law and whether changes to those rules are needed.  Comments are due June 3, 2021, with reply comments due by July 9.

The CALM Act (the Commercial Advertisement Loudness Mitigation Act) was passed in 2011 due to the perception of many in Congress that the volume of commercials on broadcast, cable and satellite television was far higher than that in the programming that surrounded the commercials.  After the legislation was passed, the FCC adopted rules to implement the Act (which we described here).  Those rules were principally based on compliance with a set of ATSC (Advanced Television Systems Committee) recommended practices, to be enforced through a complaint-driven system. The FCC has updated those rules once (when ATSC updated its recommended practices – see our article here).  The FCC now asks if those rules should be revisited to make them more effective in combatting the perceived problem of loud commercials.
Continue Reading FCC Being Anything but CALM About Congressional Letter – Asks for Public Comments on CALM Act Enforcement

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 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.

  • We noted last week that updated fees for broadcast applications would take effect April 19. After clarification from the FCC,