By David Oxenford on Posted in FCC Fines,FM Radio,General FCC,Programming RegulationsThe FCC yesterday issued a News Release about an unusual action taken by the US Attorney’s Office in Massachusetts entering into a consent decree with a pirate radio operator, where the operator agreed to surrender all of its operating equipment to the FCC, and to stop broadcasting illegally. If the operator is again caught operating… Continue Reading
By David Oxenford on Posted in Emergency Communications,FCC Fines,General FCCIt’s that time again. If you are planning any on-air pranks on Monday for April Fools’ Day, think twice. As we do every year about this time, we need to play our role as attorneys and ruin the fun by repeating our reminder that broadcasters need to be careful with any on-air pranks, jokes or other… Continue Reading
By David Oxenford on Posted in EEO Compliance/Diversity,FCC FinesIn July, we wrote about the FCC’s plan to transfer the responsibility for EEO enforcement from the Media Bureau, where it has resided, to the Enforcement Bureau which the FCC suggested would have more resources and experience to aggressively enforce the FCC’s EEO rules and policies. That transfer was effective on Friday (see the FCC… Continue Reading
By David Oxenford on Posted in FCC Fines,FM Radio,General FCCThe PIRATE Act, imposing Federal penalties on pirate radio station operators, was passed last week by the US House of Representatives and referred to the US Senate for consideration. We wrote about versions of this bill introduced in prior Congressional sessions here and here. This bill, among other things, would impose penalties of up to… Continue Reading
By David Oxenford on Posted in EEO Compliance/Diversity,FCC Fines,License RenewalOn Friday, the FCC issued its first EEO audit of almost 300 radio and TV stations across the country (see the model audit letter and list of stations affected here), the day after announcing its intent to abolish the Form 397 EEO Mid-Term Report (see our articles here and here). In the Order announcing the… Continue Reading
By David Oxenford on Posted in AM Radio,FCC Fines,FM Radio,General FCC,TelevisionAs we wrote here, at the FCC’s December meeting, the FCC was scheduled to adopt an order eliminating the requirement that broadcasters post a physical copy of their licenses and other instruments of authorization at their control points or transmitter sites. In fact, the Commission adopted that order before the meeting, and it today published… Continue Reading
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
