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AM radio (and broadcast radio in general) received strong support from Congressional representatives during this week’s hearing before the House Committee on Energy and Commerce’s Communications and Technology subcommittee. Significant time was spent on recognizing AM radio’s important role  in the emergency communications network, both in delivering emergency alerts from the EAS system and in conveying additional information of importance to the public through news and public affairs programming (see the initial statement of J Chapman, a broadcaster based in Indiana who testified on behalf of the AM industry, and the statement of an official of the New Jersey State Police, who talked about the importance of AM in providing emergency information).  Virtually all the representatives urged car companies to retain AM in cars.  Despite this widespread support, some of the legislators expressed reluctance to adopt a legal mandate to require AM in cars, particularly representatives who have philosophical reservations about the government mandating business decisions.  That position was of course highlighted by the testimony of the representative of the automotive industry.  In the day’s discussion of these questions, some clues to the future of entertainment in the car may have emerged.

AM and public safety advocates at the hearing argued that AM radio needed to be protected.  They emphasized that AM provides the backbone of the emergency alert system due to the ability of high-powered AM stations to cover vast distances unimpeded by terrain obstacles. Even the sole representative of the automobile industry on the panel agreed that, at this point, over the air radio provides the best and most reliable source of free emergency alerts. The additional contextual information provided by news/talk AM stations was also emphasized, as stations can go beyond simply delivering a government issued emergency alert by providing in its programming the details and relevant context in any emergency.  While not central to the discussion, especially in the later parts of the hearing, there was also talk of the importance of providing a free audio service to the public for more than just emergency programming, particularly a service that often programs to underserved groups.  Protecting the investment of radio operators was also mentioned, as removing AM from cars would vastly decrease the potential audience for most of these stations. The desire to continue providing service to the public from AM stations was the broadcaster’s vision of the future of entertainment options in the car.Continue Reading The Congressional Hearing on AM Radio – A Look at the Future of Audio Entertainment in the Car?

Though school is out for many, the FCC does not take a summer recess.  Instead, regulation continues.  While the pace of new FCC regulatory issues for broadcasters has slowed, perhaps pending the confirmation of a new Commissioner and the return of the FCC to full strength, there are still regulatory matters in June worth watching.  Some are routine, others look more to the future – but all are worth watching just the same. 

One of the routine regulatory deadlines comes on June 1, as it is the deadline for Radio and Television Station Employment Units in Arizona, District of Columbia, Idaho, Maryland, Michigan, Nevada, New Mexico, Ohio, Utah, Virginia, West Virginia, and Wyoming with 5 or more full-time employees to upload to their online public inspection file their Annual EEO Public File Report. A station employment unit is a station or cluster of commonly controlled stations serving the same general geographic area having at least one common employee.  For employment units with 5 or more full-time employees, the annual report covers hiring and employment outreach activities for the prior year.  A link to the uploaded report must also be included on the home page of a station’s website, if it has a website. Continue Reading June Regulatory Dates for Broadcasters – EEO, Rulemaking Comments, AM Congressional Hearings, and More

This week brought the news that the Biden administration has nominated Anna Gomez for the open Democratic FCC seat that Gigi Sohn was to fill until she asked that her nomination be withdrawn in March, after a prolonged debate over her confirmation.  Gomez is experienced in government circles, having worked at NTIA (a Department of…

This week, the FCC released a Notice of Proposed Rulemaking containing its proposal for the annual regulatory fees to be paid by broadcasters in September of this year.  The annual fees are paid by all entities that the FCC regulates to reimburse the government for the cost of FCC operations.  The FCC decides how much each industry pays based on the percentage of the FCC’s workforce which is dedicated to regulating that industry.  In recent years, there has been significant debate over the amount of fees paid by broadcasters, with broadcast interests arguing that the FCC’s allocation of its workforce overestimated the number of employees working on broadcast matters.  In the proposal released this week, the FCC appeared to agree, allocating to other industries the work done by certain employees who were at least partially counted against broadcasters in the past.  This resulted in a proposal for the total fees to be paid by broadcast interests to decrease from the $62.07 million paid in 2022 to $55.68 million for 2023. 

The Commission will take comments on the proposed allocations and come up with final numbers late in the summer.  In recent years, the final order setting the fees has been released right around the Labor Day weekend.  Fees are typically paid in mid to late September (because they must be paid before the new fiscal year begins on October 1).Continue Reading FCC Seeks Comments on Proposed Annual Regulatory Fees – Proposal Includes a Decrease in Fees To Be Paid By Broadcasters

  • The FCC’s Enforcement Bureau released a Public Notice announcing that EEO Mid-Term Reviews for radio and television stations will start
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Yesterday, in our article about the recent FCC random audit of the EEO performance of over 200 radio and TV stations, we noted that the FCC also reviews the EEO performance of broadcasters in connection with complaints, license renewal applications, and at the midpoint of the license period of most TV stations and larger radio operations.  The FCC’s Enforcement Bureau, in a Public Notice released yesterday, reminded us that this Mid-Term Review process is about to begin.  The FCC will be reviewing the performance of larger radio clusters in Maryland, DC, Virginia, and West Virginia, who are required to upload their Annual EEO Public Inspection File reports to their online public file by June 1.  While it is sometimes hard to believe how quickly time has passed, stations in these states are now at the mid-point of their licenses, as their last license renewal applications were filed on or before June 1, 2019. 

The FCC’s Mid-Term EEO review in the past was conducted through the filing of a Form 397 Report.  That report required that a licensee attach the last two years of EEO Public Inspection file reports and provide a contact person for EEO compliance at the station “employment unit” (a cluster of commonly controlled stations serving the same geographic area sharing at least one employee).  In 2019, the FCC did away with that report, finding that the employment reports were already available in station online public inspection files (and that the person responsible for EEO was already identified in the materials submitted with the station’s last renewal application)(see our article here).  So instead of filing a form, the FCC will simply review what is already in the public file.  But the Mid-Term review is only required for larger radio groups, which required the FCC to implement a settings update in their online public files.Continue Reading More FCC EEO News – FCC Reminds Broadcasters that EEO Mid-Term Reviews to Begin in June