By David Oxenford on Posted in FCC FinesThe FCC has for decades prohibited the “premature construction” of broadcast stations – constructing new stations or new facilities for existing stations prior to the issuance of an FCC construction permit. In recent years, fines for such activities have been rare. But, last week, the FCC issued a Notice of Apparent Liability proposing to fine… Continue Reading
By David Oxenford on Posted in FCC Fines,General FCC,Multiple Ownership Rules,Programming RegulationsThe FCC yesterday adopted an Order eliminating the requirement that broadcasters file with the Commission copies of certain contracts, agreements and other documents relating to ownership and control – instead relying on the obligations to either upload the documents to a station’s online public file, or to place a list of the documents in the… Continue Reading
By David Oxenford on Posted in Cable Carriage,EEO Compliance/Diversity,FCC FinesEarlier this month, the FCC announced another of its regular EEO audits, though this time it’s just for cable systems and other MVPDs who, like broadcasters, have EEO obligations. The FCC will audit 5% of all broadcasters and cable companies each year to assess their EEO compliance, so be prepared in case you are next.… Continue Reading
By David Oxenford on Posted in FCC Fines,FM Translators and LPFM,General FCC,License RenewalYesterday, the FCC issued a hearing designation order – though one with much lower stakes than the last designation order issued by the FCC which seemingly resulted in the termination of the proposed Sinclair-Tribune merger. Yesterday’s order was at almost the opposite end of the spectrum from a massive merger of TV companies – the… Continue Reading
By David Oxenford on Posted in FCC Fines,General FCC,Multiple Ownership Rules,Programming RegulationsThe FCC this week released its draft order proposing to eliminate the requirement that broadcasters file certain contracts relating to ownership and control with the Commission. Instead, the disclosure of these documents will be made simply by observing the current requirement that stations either (1) make those documents available in the station’s online public file,… Continue Reading
By David Oxenford on Posted in Assignments and Transfers,FCC Fines,General FCCLast week, the FCC released a Consent Decree where a broadcast company admitted to certain unauthorized transfers of several stations, even though actual control of the stations, for the most part, did not change. Stock of the company was transferred into a trust by the company’s shareholder without FCC approval, even though the shareholder continued… Continue Reading
By David Oxenford on Posted in FCC Fines,FM Translators and LPFMIn an Order released earlier this week, the FCC’s Enforcement Bureau imposed a $12,000 fine on the licensee of an FM translator in California because FCC inspections revealed that the translator was operating above its licensed power. The FCC found that the station was operating with a Transmitter Power Output of 7.5 watts, yielding an… Continue Reading
By David Oxenford on Posted in EEO Compliance/Diversity,FCC Fines,License RenewalThe FCC yesterday adopted an order moving broadcast EEO enforcement from the FCC’s Media Bureau to its Enforcement Bureau. The change will be effective later, after certain procedural approvals are obtained and after notice is published in the Federal Register. As EEO enforcement is primarily aimed at broadcasters and cable companies, and has been part… Continue Reading
By David Oxenford on Posted in FCC Fines,License Renewal,Public Interest Obligations/LocalismLast week, in our calendar of regulatory dates for broadcasters in July, we reminded broadcasters that their Quarterly Issues Programs lists needed to be placed in their public file by today, July 10. This quarterly requirement has been in place for over 30 years, but is still an obligation whose breach has led to more… Continue Reading
By David Oxenford on Posted in FCC Fines,License Renewal,Programming Regulations,Public Interest Obligations/LocalismWe are less than one year away from the beginning of the next radio license renewal cycle. By June 1 of 2019, radio broadcasters with stations licensed to communities in Maryland, Virginia, West Virginia and the District of Columbia must have their license renewal applications on file. Stations in certain southeastern states follow two months… Continue Reading
By David Oxenford on Posted in FCC Fines,FM Radio,FM Translators and LPFM,General FCCYesterday, the FCC announced that it had seized the equipment of another pirate radio operator, this time one who was operating from a high-rise in Manhattan. The pirate was operating an unauthorized FM radio station from a New York apartment building. As we recently wrote in connection with another seizure of the equipment of a pirate… Continue Reading
By David Oxenford on Posted in AM Radio,FCC Fines,FM Radio,FM Translators and LPFMAt this week’s NAB Convention, issues about FM translators and pirate radio dominated the radio news from the sessions that featured FCC speakers. On the translator front, FCC Chairman Pai, in his speech to the convention, announced that there is a Notice of Proposed Rulemaking that has been drafted and is being considered by the… Continue Reading
By David Oxenford on Posted in Advertising Issues,FCC Fines,Noncommercial BroadcastingNoncommercial broadcast stations are licensed to be just that – noncommercial. These stations can run “underwriting announcements” acknowledging commercial businesses that provide financial support to the stations, but such announcements must meet strict guidelines – including restrictions on “calls to action,” prohibitions on statements about prices or discounts, and requirements that no qualitative claim about… Continue Reading
By David Oxenford on Posted in Children's Programming and Advertising,FCC Fines,License Renewal,Programming RegulationsLast week, Commissioner O’Rielly published an article on the FCC blog, suggesting that one of the next steps in the FCC’s Modernization of Media Regulation initiative should be the review of the FCC rules setting obligations for television stations to air educational and informational programming directed to children. Stations are required to air an average… Continue Reading
By David Oxenford on Posted in FCC Fines,Indecency,Programming RegulationsYesterday, the President reportedly used the word “shithole” to describe certain countries whose immigrants were seemingly less favored than others. This predictably caused outrage in many quarters – and left the electronic media, especially broadcast TV in a quandary. Do they broadcast the purportedly used term, or do they use some euphemism so that “shit,”… Continue Reading
By David Oxenford on Posted in FCC Fines,Payola and Sponsorship Identification,TelevisionThe FCC, apparently not in a holiday mood, yesterday released a Notice of Apparent Liability proposing a $13,376,200 fine against Sinclair Broadcast group for alleged violations of the sponsorship identification requirements of Section 317 of the Communications Act and Section 73.1212 of the FCC rules. The FCC alleges that program segments contained in news broadcasts… Continue Reading
