FM Translators and LPFM

This week, the FCC released two Notices of Apparent Liability proposing to impose big fines on two pirate radio operators.  Using the enforcement tools – particularly the higher fines – authorized by the PIRATE Act passed by Congress in 2020, the FCC proposed a to impose a fine of $2,316,034 on one alleged operator of a pirate radio station in the New York City area, and a fine of $80,000 fine on another operator of a pirate station in Oregon.  We’ve written in the past about the FCC sending warning letters to landowners and pirate radio operators threatening big fines if they don’t cease operations (or, for landowners, if they don’t force their tenants to cease illegal operations).  But, as noted in the FCC’s Press Release, this is the first time since the adoption of the PIRATE Act that the FCC has gone beyond the warning phase to issue these notices of multimillion dollar “forfeitures” (fines) on pirate operators and, in the New York case, use the full force permitted by the law to levy the multimillion dollar fine.  Theoretically, the alleged pirates could respond to the Notices and contest the fines, but the FCC’s decisions seem adamant that these operators should be paying a substantial penalty.  It is probably no coincidence that these Notices were issued a little over a month after the FCC sent its annual report to Congress on its activities under the PIRATE Act, promising increased efforts to combat pirate radio in the new year. 

The New York pirate appears particularly brazen, prompting the largest fine yet levied against a pirate radio operator.  According to the Notice of Apparent Liability, two individuals have operated a pirate radio station in the New York borough of Queens for over a decade.  In 2013, the FCC’s Enforcement Bureau issued three Notices of Unauthorized Operation to the operators, warning them that their operations were illegal and needed to stop.  In 2014, agents personally confronted one of the operators who admitted ownership of the equipment, and again told him to stop operating.  When operations continued, a proposed fine of $20,000 was issued in 2015, but never paid or contested.   In 2016, as operations had continued, Federal Marshalls seized the station’s equipment.  Yet the pirate came back and continued operations – even using a website and social media to promote programs hosted by the two individuals named in this week’s Notice.  The FCC emphasized that the repeated, ongoing nature of the violation even after multiple warnings and prior government action prompted its substantial fine.  The PIRATE statute limits fines to $2,316,034 – otherwise, the FCC would have proposed a fine ten times larger, given the nature of the violation and the pirate’s apparent disregard of the FCC’s prior attempts to enforce the law.

Continue Reading Two Million Dollar Fine for Pirate Radio – Don’t Cross the Commission Again After You’ve Been Caught Once, Especially as More Enforcement Appears to be on the Way

Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations.

  • As widely reported, Gigi Sohn has asked President Biden to withdraw her nomination to become the third Democratic FCC Commissioner

Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations.

  • The FCC’s Media Bureau designated for evidentiary hearing a series of applications that, if granted, would transfer control of TEGNA

Early this year, we provided our look into the crystal ball to see what was on the FCC’s agenda for broadcasters in  the coming year.  Yesterday, the FCC published in the Federal Register its own list – its Semiannual Regulatory Agenda – listing an inventory of the matters at the FCC awaiting Commission action.  The

Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations.

  • The US Court of Appeals for the District of Columbia Circuit held an oral argument on the appeals of three

Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations.

  • The American Music Fairness Act, proposing to enact a sound recording performance royalty for over-the-air broadcasters, was introduced in

Late last year, the FCC announced that it would be opening the EAS Test Reporting System (ETRS) for the filing of ETRS Form One by February 28, 2023.  This week, the FCC issued a Public Notice announcing that that system has in fact been opened, and telling broadcasters that they can now file the required information.  As made clear in the Public Notice, virtually all broadcasters need to file.  This includes LPTV (with minor exceptions) and LPFM stations.  Class D FM stations, exempt from some other FCC regulations, and silent stations also need to file.  Only FM boosters and translators, and other broadcast stations (including LPTVs) that rebroadcast 100% of the programming of a “hub station” where that hub station provides a common studio or control point for all stations, do not need to file this report as long as the “hub station” files the form.  So the requirement is very inclusive. 

ETRS Form One provides basic information about EAS participants to the FCC. The form requests basic information about contact persons at a station, the model of EAS equipment used, and monitoring assignments under the legacy EAS system.  If nothing has changed from prior Form One filings, the Public Notice says that the system provides a way to populate the form with all the information from prior filings so that it does not need to be manually re-entered (although anecdotally we have heard that even minor changes, such as a call sign change, may be problematic).  This is the first of three forms filed in connection with Nationwide EAS tests, testing the ability of the EAS system to distribute a Presidential emergency alert to the entire country.  Form Two reports on the day of the test as to whether the alert was received by a station, while Form Three is submitted after the test to provide information as to what happened during the test.

Continue Reading FCC Announces that Broadcasters Must File EAS Test Reporting System Form One By February 28, 2023 – Almost All Broadcasters Must File

Here are some of the regulatory developments of significance to broadcasters from the past two weeks, with links to where you can go to find more information as to how these actions may affect your operations.

  • The FCC, as required by the Communications Act, released a Public Notice announcing the start of the 2022 Quadrennial

As we wrote in our weekly update on regulatory issues of importance to broadcasters, the FCC released an Order last week announcing an upcoming increase in application fees to be paid on any “feeable” application.  For broadcasters, that includes applications for technical changes in facilities, applications for assignments or transfers of control of broadcast companies

Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations.