Emergency Communications

The FCC yesterday released a Public Notice reminding TV stations and other video programming providers including cable and satellite television providers of their obligations on making emergency information accessible for all viewers.  With a few tweaks, including emphasizing that more hurricanes and wildfires occurred in the last year, the reminder is very similar to what the FCC said last year.  Here is what we wrote about that notice, equally applicable to the one released yesterday:

The FCC provides examples of the kinds of emergencies that the rules are intended to cover – which for the first time this year includes pandemics.  Other examples of the emergencies that these obligations would apply to include “tornadoes, hurricanes, floods, tidal waves, earthquakes, icing conditions, heavy snows, widespread fires, discharge of toxic gases, widespread power failures, industrial explosions, civil disorders, school closings and changes in school bus schedules resulting from such conditions, and warnings and watches of impending changes in weather.”  The details that must be conveyed to the entire audience include “specific details regarding the areas that will be affected by the emergency, evacuation orders, detailed descriptions of areas to be evacuated, specific evacuation routes, approved shelters or the way to take shelter in one’s home, instructions on how to secure personal property, road closures, and how to obtain relief assistance.”  The obligations are intended to cover not just the area where the emergency is occurring, but also in adjacent areas that may be affected by the effects of the emergency – and the obligations extend not just to the immediate time of the emergency but also to information about dealing with its aftermath.  What do these rules require?
Continue Reading FCC Publishes Annual Reminder on Accessibility Obligations for Broadcast of Emergency Information

While summer has started and minds wander to vacation time, there are still many regulatory obligations to which a broadcaster must pay attention in July.  To help stay focused, we have written below about some of the important dates and deadlines applicable to broadcasters in July – and a reminder of what to be ready for when the calendar rolls over to August.

The one regular deadline applicable to all full-power and Class A TV broadcasters in July is the July 10 deadline for stations to upload to their online public file their Quarterly Issues Programs lists identifying the issues of importance to their community and the programs that they broadcast in the second quarter of the year that addressed those issues.  Prepare these lists carefully and accurately, as they are your only official records of how your station is serving the public and addressing the needs and interests of your community.  You need to first list the significant issues facing the station’s community in the second quarter.  Then, for each issue identified, you should list several programs that addressed the issue in some serious way.  For each program, the description should include the issue that the program addressed, the name of the program or segment that covered the issue, the date and time the program or segment aired, the duration of the coverage of the issue, and a narrative describing how the issue was treated.  Timely uploading of these lists to the station’s online public file is especially important during the ongoing license renewal cycle when FCC staff are looking closely at public file contents.  See our article here for more on this obligation.
Continue Reading July Regulatory Dates for Broadcasters: Quarterly Issues/Programs Lists, The End of Analog TV, EAS Test Registration Requirement, Radio and TV Rulemakings, and More

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 this week adopted revisions to certain EAS rules. Among other actions, the new rules (1) will change the

Last week, the FCC issued a Public Notice announcing an August 11, 2021 nationwide EAS test, with a backup date of August 25 if there are conditions that prevent the test from occurring on the initial date.  The test is scheduled for 2:20 PM EDT.  For broadcasters, this test will be conducted using 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 Copyright Royalty Board (CRB) released its long-awaited decision on streaming royalties for 2021-2025, finding that the rates applicable to

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

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

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 released a Notice of Proposed Rulemaking that sets out its tentative plan for assessing broadcast regulatory fees to

As we highlighted yesterday in our weekly summary of regulatory issues for broadcasters, last week saw a letter from Congresswoman Anna Eshoo to the FCC asking for the FCC to review the enforcement of the rules established by the CALM Act, which prohibits loud commercials on TV stations.  The letter cites news reports of thousands of complaints annually to the FCC since the rule’s adoption in 2012 without there ever having been an enforcement action against a station for any violation.  When the CALM Act was passed by Congress, there were many industry questions about how that law could be enforced, as there are many subjective judgments in assessing whether a commercial is louder than the program into which it is inserted (see our article here).  But, ultimately, the FCC adopted rules that were based on industry standards and most parties seemed to believe that they were workable (see our article here about the adoption of those rules).  Like many FCC rules, the CALM Act rules are complaint-driven, and even the article cited by Congresswoman Eshoo recognized the difficulty in assessing the merits of any complaint.

Nevertheless, with this letter and the publicity that it has received in the broadcast trade press, TV stations should carefully review their compliance with the CALM Act rules, as this publicity could signal that the FCC will turn its attention to this issue in the coming months.  In fact, with a Commission that is currently evenly divided between Democrats and Republicans until the vacant seat on the Commission is filled, enforcement of existing FCC rules may well be one place where the current Commission will turn its attention while more controversial (and potentially partisan) rule changes await FCC action.
Continue Reading Congressional Letter to FCC on CALM Act Violations Puts Focus on FCC Enforcement Issues

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.

  • According to press reports, broadcasters should pencil in August 11, 2021 on their calendars for the next national test of