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
By David Oxenford on Posted in EEO Compliance/Diversity,FCC FinesA Notice of Apparent Liability released yesterday shows that the FCC is still enforcing its EEO rules even though those rules have been somewhat relaxed to reflect modern recruiting practices. As we wrote here, the FCC now allows a station to recruit to fill employment vacancies solely by using online sources. But, as we warned… Continue Reading
By David Oxenford on Posted in FCC Fines,General FCC,Low Power Television/Class A TVLast week, the FCC issued an Order and Consent Decree agreeing to end an investigation of a big operator of LPTV stations that had allegedly applied for new LPTV stations in a 2009 FCC filing window where applications were restricted to rural areas, obtained construction permits for those stations, and, through a series of minor… Continue Reading
By David Oxenford on Posted in Emergency Communications,FCC Fines,TelevisionWith the recent hurricanes and last night’s tragedy in Las Vegas, the FCC Public Notice issued last week reminding all video programmers of the importance of making emergency information accessible to all viewers seems very timely. The public notice serves as a good refresher on all of the obligations of video programmers designed to make… Continue Reading
By David Oxenford on Posted in FCC Fines,FM Radio,General FCCYesterday, the FCC adopted a Notice of Apparent Liability proposing to fine three individuals $144,344 for operating a pirate radio station in North Miami, Florida. One individual is alleged to have programed and operated the station while the other two are a husband and wife who owned the property from which the station transmitted. The… Continue Reading
By David Oxenford on Posted in FCC Fines,FM Translators and LPFM,General FCC,Low Power Television/Class A TVAt its meeting yesterday, as promised, the FCC adopted a notice of proposed rulemaking to eliminate the rule that certain classes of FCC licensees maintain a paper copy of the FCC rules. We wrote about the draft NPRM here, which the FCC substantially adopted. Under current rules, licensees of LPTV, TV and FM translator, and… Continue Reading
By David Oxenford on Posted in AM Radio,FCC Fines,FM Radio,General FCC,TelevisionWe yesterday wrote about Chairman Pai’s promise to start the process of modernizing media regulation by abolishing a simple but outdated rule – one requiring that each broadcast station have a physical copy of the FCC rules on the station premises. Yesterday, the FCC released a draft of their Notice of Proposed Rulemaking to implement… Continue Reading
By David Oxenford on Posted in FCC Fines,FM Radio,Programming RegulationsIt seems like virtually every day, the FCC announces that it has sent numerous Notices to pirate radio operators warning them that their operations are illegal and that, if the operations do not cease, legal penalties may follow. Yesterday, the FCC released ten such Notices, including ones sent to operators of pirate radio stations themselves… Continue Reading
