FCC Fines

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In the last few days, there have been a series of articles and alerts that have alarmed broadcasters and caused worry that fines would be coming their way for not updating and correcting any FCC Registration Number (FRN) associated with their operations.  While there is a new rule that went into effect recently that requires all users of the Commission Registration System (CORES) to update their FRN registrations within 10 business days of any change to the associated contact information, there has been no indication that there is any imminent widespread enforcement activity against broadcasters based on this new rule.  In fact, the rule does not materially change broadcaster’s obligations to keep their FCC records up to date – only putting a definitive time limit on an existing requirement that a broadcaster’s FRNs must be updated promptly. Thus, the new rule reinforces that broadcasters do have an obligation to update their information to comply with the rules, as outdated information could result in legal penalties – but panic is likely not in order.  Let’s look at this obligation.

CORES is used to set up the FRN that is necessary for most broadcast filings.  Broadcasters need an FRN to file any application, pay fees, and make other FCC submissions.  In connection with Biennial Ownership Reports (now on hold until at least June 2027, pending an evaluation of whether they really are necessary – see our article here), the FCC required FRNs not only for broadcast licensees, but also for all entities and individuals who hold attributable interests in such licensees.  The information to set up an FRN requires a taxpayer identifying number (TIN) or social security number (SSN), and it also includes information such as a contact person and their title, address, telephone number, and email. Continue Reading FCC Sets Requirement to Promptly Update FCC Registration Numbers – No Need to Panic, But Licensees Should Ensure All FCC Information Is Accurate and Up To Date

  • Congress reauthorized funding for many government agencies, including the FCC, thus avoiding a prolonged shutdown of these agencies.  FCC operations
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  • The FCC’s Media Bureau released a Public Notice purporting to provide guidance directed to broadcast TV stations on whether the
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  • The House Committee on Energy and Commerce, Communications & Technology Subcommittee held an FCC oversight hearing.  The hearing featured written
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  • FCC Chairman Carr announced that the FCC will be considering two orders concerning foreign ownership requirements, including those for broadcasters,
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Yesterday, we saw President Trump issue an Executive Order instructing various government agencies to take steps to move marijuana from Schedule I (an illegal controlled substance with no medical uses and a high degree of potential abuse) to Schedule III, which includes many other drugs, such as ketamine and Tylenol with codeine, that require a prescription and FDA approval. While a rescheduling to Schedule III may have an impact on research and on marijuana’s medical uses, broadcasters need to continue to take a very cautious approach to marijuana advertising while the details of any possible changes unfold, as it is likely that, even after any rescheduling that makes marijuana a Schedule III drug, advertising will still be restricted under federal law.

While many states have, as a matter of state law, legalized medical and even recreational marijuana use, there is still concern for broadcasters accepting advertising for its sale and use.  As we have noted many times before (see, for example, our articles here, here, and here), there is a concern that the sale and distribution of marijuana, even when legal under state law, remains a felony under federal law. Under 21 USC § 843 (b) and (c), to use communications facilities, including radio and the internet, to facilitate any sale of any federally controlled substance is a felony.  This should be of particular concern to broadcasters, which are federally regulated.  If the FCC is faced with a complaint about a broadcaster “facilitating” the sale of marijuana through running advertising – an act illegal under federal law – the FCC might feel a need to take action against the broadcaster. Continue Reading President Trump Issues Executive Order to Remove Marijuana from Schedule I – Concerns about Broadcast Advertising Remain

  • The FCC’s Enforcement Bureau entered into a Consent Decree with a public broadcaster to resolve an investigation into whether false
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Using the EAS alert tones without a real emergency has led to several FCC fines in recent years – including many fines in the hundreds of thousands of dollars (see, for instance, our articles here, here, and here).  This week, the FCC’s Enforcement Bureau released a Consent Decree with a noncommercial radio group (American Public Media Group, Minnesota Public Radio d/b/a American Public Media, and Southern California Public Radio)  to settle an investigation into the use of these tones in a BBC program about chasing tornadoes that ran on the group’s stations, and on other public broadcasting stations around the country to which the group syndicated the program.  As part of this decree, the group agreed to pay $86,400 to the government.  According to the decree, the program included two instances where EAS tones were used, and pieces of NOAA tornado warning alert audio were also aired.  In total, 46 stations associated with the group, and about 500 other stations that received the program from the group, ran these tones. 

The use of EAS tones without a real emergency (or in connection with an authorized test) violated Section 11.45 of the Commission’s rules.   As noted in the Consent Decree, the Commission believes that the use of simulated or actual EAS Tones for non-authorized purposes—such as commercial or entertainment purposes—can lead to dangerous “alert fatigue” where the public becomes desensitized to the alerts, questioning whether the alerts are for a real, imminent threat or some other cause. Moreover, the broadcast of these EAS Tones could result in false activations of the Emergency Alert System, as any stations that monitor a station that runs a false alert may have their own EAS equipment triggered – theoretically cascading the alert throughout the system.Continue Reading $86,400 Penalty on Noncommercial Broadcaster for Use of EAS Tones in Programming When No Emergency Existed

  • The FCC’s Media Bureau announced that the deadline for broadcasters to comply with the new foreign sponsorship identification requirements has
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  • The FCC and the FCC’s Media Bureau released several Public Notices (here, here, here, and here
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