Emergency Communications

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December is one of those months when all commercial broadcasters have at least one FCC deadline, and there are also many other filing dates of which many broadcasters need to take note.  For all commercial broadcasters, Biennial Ownership Reports are due on December 2.  Hopefully, most broadcasters have already completed this filing obligation, as FCC electronic filing systems have been known to slow as a major deadline like this comes closer.  See our article here for more on the Biennial Ownership filing requirement that applies to all commercial broadcast stations.

Noncommercial stations are not yet subject to the uniform Biennial Ownership Report deadline (though the FCC has proposed that happen in the future, see our article here, a proceeding in which a decision could come soon).  But many noncommercial stations do have ownership report deadlines on December 1, as noncommercial reports continue to be due every two years, on even anniversaries of the filing of their license renewal applications.  Noncommercial Television Stations in Colorado, Minnesota, Montana, North Dakota, and South Dakota have to file their Biennial Ownership Reports by that date.  Noncommercial AM and FM Radio Stations in Alabama, Connecticut, Georgia, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont also have the same deadline for their Biennial Ownership Reports. 
Continue Reading December Regulatory Dates for Broadcasters – Ownership and EEO Reports, Retransmission Consent and Foreign Ownership Rulemaking Comments, Incentive Auction and Accessibility Obligations

November is another of those months with no regular filing obligations – no EEO public file and Mid-Term reports, no noncommercial ownership reports, and no quarterly issues programs lists or children’s television reports. EEO public file reports and noncommercial station ownership reports, being tied to renewal dates, will be back in December. See our Broadcaster’s Calendar, here, for information about the states where stations have such obligations. For all commercial radio and TV stations, November also means that they should be completing their Biennial Ownership Reports, which are due on December 2 (extended from the November 1 due date by FCC action noted, see our article here). Those reports submit a snapshot of broadcast station ownership as of October 1, so they can be filed at any time in November.

The end of November also brings the effective date of the requirement that TV stations convert the text of their emergency alerts run in entertainment programs (like weather alerts) into speech, with that audio to be broadcast on the station’s SAP channel. See our articles here and here on that requirement.
Continue Reading November Regulatory Dates for Broadcasters – Incentive Auction and Biennial Ownership Report Preparation, Reg Fee Comments, Music Issues, Text to Speech Emergency Information and More

TV stations have in the past few years been hit with many requirements for making their programming – especially emergency information – accessible to all people within their service areas. Two deadlines loom in the very short term that stations need to remember – the requirements for converting text based emergency information aired on their stations outside of news and EAS alerts (usually crawls dealing with issues such as severe weather alerts) into speech for airing on their SAP channels, and the requirement that any clips transmitted through IP technology (e.g. to computers or through apps) must contain captions if those clips were taken from programming that was broadcast with captions.

Some trade press reports have indicated that some TV stations are still having issues with the requirement that stations take emergency information broadcast outside of news programming and not in EAS alerts, and convert that information to speech to be broadcast on the station’s SAP channel (in some cases requiring that the station activate a SAP channel if they did not already have one).  This rule is meant to cover information like weather alerts typically carried in crawls during entertainment programs.  The rule was supposed to take effect in May, but was extended until November 30 when it appeared that most TV stations were not ready to meet the original deadline.  We wrote about the requirements and the extension here and here. The extension also put on hold obligations to include school closing alerts on the SAP channel when it became clear that the time necessary to broadcast those alert on the SAP channel (and to do it twice, as required by the rules for the audio alerts on the SAP channels) would likely overwhelm the ability to carry any other information.  The extension order also extended until November 2016 the obligation to aurally describe on the SAP channel any non-textual, graphical information conveyed by the station outside of news programs (e.g. weather radar images).  But the general obligation to convert text to speech still goes into effect at the end of next month – so stations need to be ready.
Continue Reading New Accessibility Compliance Deadlines for TV Stations Coming Very Soon

With tomorrow’s FCC meeting to detail dates and procedures for the TV incentive auction dominating the headlines, there are other August regulatory dates that should not be overlooked. While we never can get to all of the relevant dates in our monthly highlight article, here are a few items worth your consideration. For one, we will soon be seeing details for submitting the regulatory fees that are due from all commercial broadcasters (and most other commercial entities regulated by the FCC) before the end of September. Last year, that notice came out right at the end of the month – immediately before the Labor Day weekend, somewhat later than in past years (see our article here). So be on the alert for that notice, to allow you to be ready to pay those mandatory fees before the applicable deadline.

Already, by the first of the month, commercial and noncommercial full-power and Class A television stations and all radio stations in California, Illinois, North Carolina, South Carolina, and Wisconsin that are part of an employment units with 5 or more full-time employees should have put into their public inspection files their annual EEO Public Inspection File Report, and posted those reports online so that they are accessible to visitors to their station websites. As part of the Mid-Term EEO reporting process we wrote about here, radio stations in the Carolina’s that are part of employment groups with 11 or more full-time employees should have also filed their Form 397 EEO Reports with the FCC by August 3. Noncommercial television stations in Illinois and Wisconsin should also have submitted their Biennial Ownership Reports by August 3, as should have noncommercial radio operators in both North and South Carolina and California. Details on all of these standard regulatory deadlines are available in our Broadcaster’s Regulatory Calendar, here.
Continue Reading August Regulatory Dates for Broadcasters – While Incentive Auction Dominates the News, Other Dates to Watch

The FCC yesterday granted extensions requested by the National Association of Broadcasters and by the American Cable Association of the deadlines for implementation of obligations to convert emergency information conveyed in text (usually in on-screen crawls) on television broadcasts into audio to be broadcast on a TV station’s SAP channel (the second audio programming channel usually used for second-language program audio, e.g. a Spanish audio version of English-language programming). This “Audible Crawl Rule” was set to become effective yesterday. The extension of the basic requirement for TV broadcasters to convert the text of crawls containing emergency announcements to speech has been postponed six months, until November 30. Certain related obligations (to provide audio descriptions of non-textual information like weather radar maps, and to include school closing information among the emergency information provided under the Audio Crawl Rule) have been extended further into the future.

The NAB’s request for extension (about which we wrote here) was based on three different issues. The first was the NAB’s finding that the equipment to generate speech from textual crawls was not yet widely available in the marketplace, so most TV stations simply did not have the time to install the equipment to meet the FCC’s requirement. Groups representing the visually-impaired community expressed concern with the delays, but nevertheless agreed to the six month extension granted by the FCC yesterday.
Continue Reading FCC Extends Deadline for TV Stations to Convert Emergency Information in Textual Crawls to Audio on SAP Channels

One million dollars is still a big fine, even though the FCC has been handing out fines for that amount, or more, many times in recent months. But fines rarely hit these levels for broadcasters. But, yesterday, the FCC issued such a fine – hitting iHeart Media with a $1 Million fine as part of a Consent Decree imposed for the inappropriate use of EAS tones in the Bobby Bones syndicated radio program. The program was being run on 82 stations across the country. According to the FCC’s order approving the Consent Decree and imposing the associated fine and compliance plan, the broadcast of those tones triggered EAS alerts across several states – principally at stations and cable systems that had not activated the ability of the EAS system to recognize the date of an alert (the program rebroadcast the FCC’s first national EAS test, a test that was conducted almost 3 years before the Bones broadcast).

As with many other recent cases where the FCC has imposed heavy fines on broadcasters and cable programmers for use of EAS tones in entertainment broadcasts (see our articles here, here, here, and here tracing the history of the FCC’s escalating penalties for this kind of violation over the last few years), the FCC sees these matters as threats to public health and safety, as the public could react adversely to these EAS alerts that were not tied to real emergencies (or be desensitized by repeated false alerts to the importance of real alerts). The FCC’s News Release announcing the adoption of the Consent Decree makes exactly this point – the misuse of EAS alerts are threats to the public safety.
Continue Reading FCC Fines iHeart Media $1,000,000 for Broadcasting EAS Alert Tones When there was No Emergency – What the Big Fine Says to Broadcasters

May is one of those months where there are no routine, recurring FCC regulatory filing deadlines – no EEO reports or Quarterly Issues Programs lists, no Children’s Television Programming Reports or noncommercial station ownership report deadlines. But, as with any month, that does not mean that there are no dates of concern for broadcasters – as there are certain compliance deadlines and other important dates of which broadcasters need to be aware in the upcoming month. Here is our summary of some of the dates that broadcasters should be watching in the upcoming month.

The only thing approaching a routine regulatory date of note is the obligation of TV stations in Delaware and Pennsylvania to air the third and fourth of their required six post-filing announcements of the filing of their renewal applications – the last of the renewal applications for either radio or TV that were filed in this renewal cycle. The next routine license renewal filing window will be when radio renewals being again in June of 2019 – with the filing of radio license renewals by stations in Maryland, Virginia, West Virginia and DC. However, as we have written before, EEO Mid-Term reports are due from larger radio station groups in these 3 states and in DC on June 1 of this year. So radio station employment units (commonly controlled station groups serving the same area and having at least one common employee) with 11 or more full-time (30 hours per week) employees should be preparing to file those reports on FCC Form 397 by June 1.
Continue Reading May Regulatory Dates for Broadcasters – Including EEO Mid-Term Reports, FM Auction, Emergency Communications Compliance, TV Market Modification Comments, Class A TV Digital Conversion Deadline and More

Last month, I did a seminar at the College Media Association about the FCC legal issues that college broadcasters need to think about – talking about required FCC filings, pubic file obligations, underwriting issues, and programming that can get the broadcaster into trouble. Slides from that presentation, which present only an outline of the more detailed discussion that we had during the session, are available here.

I mentioned during the session that the FCC decided two years ago that they would be somewhat lenient with student-run radio stations who are first-time violators of certain FCC rules. In a case that we wrote about here, the FCC said that the fines that are imposed on commercial broadcasters for rule violations like the failure to include quarterly issues programs lists in the public inspection file (fines which can exceed $10,000 when numerous such lists are missing from the public file), would be greatly reduced – to something on the order of $1000 – for student-run stations that are facing their first violation, and provided that the fine dealt principally with paperwork matters and was not one that affected public health or safety. In a decision released by the FCC last week, the limits of that leniency were made clear.
Continue Reading A Seminar on FCC Rules for College Broadcasters – And an FCC Case on the Limits on Leniency on Fines For Rule Violations By Noncommercial Broadcasters

The FCC two years ago adopted a rule requiring that television stations that provide emergency information visually (e.g. through open captions or crawls), outside of news programming, convert that emergency information into audio and run that audio on SAP channels (secondary audio programming channels – usually used for Spanish language translations of English-language programs). That…

A flurry of fines against broadcasters have come out of the FCC in the last week.  These fines highlight the scrutiny under which owners of broadcast stations can find themselves should an FCC Field Office inspector knock on their door.  If the FCC pays a visit and finds a violation, a station is often looking at a fine even if it quickly takes corrective action.  Let’s look at some of these fines and the issues raised by each.

First, a Regional Director of the FCC’s Enforcement Bureau yesterday released a $17,000 Forfeiture Order (a notice of a fine) to a Michigan AM broadcaster for having a fence around its tower that had “separated” allowing unfettered access to the site and for missing quarterly issues programs lists in the public file.  The FCC refused to lower the fine, despite the licensee’s arguments that the quarterly issues programs lists were in fact at the station but there was “confusion” as to where they were at the time of the inspection, and its argument that it should not be responsible for the fencing issue as it did not itself own the real estate or the towers.
Continue Reading FCC Fines: $17,000 for Unsecure AM Tower Fence (Not Owning the Tower Site is No Excuse); $25,000 for Missing Quarterly Issues Programs Lists; $22,000 for Nonfunctioning EAS and Wrong Tower Coordinates