FM Translators and LPFM

May is one of the few months on the calendar where there are not routine FCC regulatory deadlines.  Yet there are still a number of important dates and deadlines this month (and early next) that broadcasters should note.  Some of those dates and deadlines are below.

On March 17, the migration of applications and forms from the FCC’s legacy filing portal CDBS to its newer portal LMS will continue. The FCC has announced the transition of many of the forms that had been filed in CDBS, but are now filed by email, to LMS.  Perhaps most significantly, this includes filings for Special Temporary Authority (and extensions to such authority and notices of the resumption of authorized operations.  See the FCC’s Public Notice on the transition for a complete list of the transitioning forms, notes on the procedures to be used for extensions of applications previously filed in CDBS, and other details.

Throughout May, broadcasters in several states should be aware of the opening of political windows tied to June and early July primary elections.  As a refresher, in the forty-five days before a primary election, broadcasters must extend to legally qualified candidates their lowest unit rate and continue to follow all other applicable political broadcasting rules.  So the lowest unit rate period will be in effect at some point this month for stations serving states that have primary elections in June and early July (and is already open for states with May primaries).  For a deeper dive on how to prepare for the political primary election season, see our post, here, which also includes a link to our comprehensive Political Broadcasting Guide.  Take a look at our 2022 Broadcasters’ Calendar to see if your state has an upcoming primary election (though confirm these dates locally as some dates have changed since the calendar was prepared – for instance, just this week, a court ordered the congressional primaries in New York state be postponed from June until August).
Continue Reading May Regulatory Dates for Broadcasters: LMS Migration of FCC Forms, Lowest Unit Rate Windows, EEO Audits, TV Auction, FM Antenna Rulemaking, and More

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

  • FEMA officials announced at the NAB Show that there will be no national EAS test in 2022. FEMA is planning

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

  • The FCC this week released a Public Notice announcing that it is soliciting public comment on the recent tests of

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

  • A list of “ex parte” presentations made to the FCC (disclosures of presentations made to FCC decision makers outside of

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

  • Broadcast operations that use uninterruptable power supply (UPS) devices as either a primary or backup power source should be alert

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

  • The US House of Representatives, in a bipartisan vote, passed the MORE Act, a bill to decriminalize marijuana at the

Though this April is somewhat lighter than other months on regulatory deadlines for broadcasters, there are still dates to which broadcasters should pay attention.  As noted below, all stations need to pay close attention to the quarterly obligation to post issues/programs lists to your online public file.  Here is more on that date and information on some of the other dates and deadlines in April applicable to broadcasters.

After three years, the radio license renewal filing cycle closes on April 1, with renewal applications due from stations licensed to communities in Delaware and Pennsylvania.  Renewal applications for TV stations licensed to communities in Texas are also due by April 1.  The TV renewal cycle continues through 2023.  Renewal applications must be accompanied by FCC Form 2100, Schedule 396 Broadcast EEO Program Report (except for LPFMs and TV translators).  Stations filing for renewal of their license should make sure that all documents required to be uploaded to the station’s online public file are complete and were uploaded on time.  Note that your Broadcast EEO Program Report must include two years of annual EEO public file reports for FCC review, unless your employment unit employs fewer than five full-time employees.  Be sure to read the instructions for the license renewal application (radioTV) and consult with your advisors if you have questions, especially if you have noticed any discrepancies in your online public file or political file.
Continue Reading April Regulatory Dates for Broadcasters: TV and Radio Renewals, Quarterly Issues, New Foreign Government Sponsorship ID Rules, Revised Radio Technical Rules, EEO Audits and Filings, and More

Here are some of the regulatory developments of significance to broadcasters from the last week, and a look ahead at an important deadline next week, with links to where you can go to find more information as to how these actions may affect your operations.

  • New FCC sponsorship identification rules that impose obligations on almost

Here are some of the regulatory developments of significance to broadcasters from the last week, and a look ahead to events of importance next week, with links to where you can go to find more information as to how these actions may affect your operations.

  • The Media Bureau this week released the first of what

In a Consent Decree released earlier this week, the FCC showed how serious it is about requiring that when a broadcaster applies for and receives authority to construct a new station or a modification of an existing station, it really plans to construct the station and operate on a permanent basis. In this case, a company called Lowcountry Media agreed to pay $250,000 to the government and surrender FCC authorizations for about 100 LPTV stations to resolve allegations that it had abused FCC processes by filing for and receiving construction permits for changes in at least 30 of its stations without a serious intent to permanently construct and operate each station to serve the public in the area authorized by the permits.  After Lowcountry agreed to these penalties, the FCC allowed the sale of numerous other Lowcountry stations, and gave Lowcountry additional time to construct other new stations whose authorizations it retained.

The FCC explained its concerns leading to the penalties in the following language:

While some Stations were constructed with temporary facilities because of Lowcountry’s alleged difficulty obtaining permanent equipment as a result of supply chain issues….. at least 30 of Lowcountry’s stations were constructed with temporary facilities and only operated for a limited duration (a matter of days) with no apparent intention to provide permanent programming to viewers.

Lowcountry’s business plan apparently was to utilize the Commission’s minor modification application process to relocate the facilities distances greater than 30 miles, without contour overlap, and never permanently operate them at the location specified in the construction permits it acquired from prior licensees and in some cases applied for itself. The Bureau believes that Lowcountry’s actions and filings amounted to an abuse of the Commission’s licensing processes…..

In the LPTV service, the holder of a license or permit for a station can file a “minor change” application at any time.  A minor change is a change in the power or location of a station where some portion of the station’s existing service area overlaps with the area proposed to be served in the newly proposed facilities.  However, in no event can a minor change move a station more than 30 miles.  A major change is one does not fit within the definitions of a minor change.  Major changes can only be filed only when the FCC opens a major change window – which rarely happens (and is usually accompanied by the opportunity to file for new stations – as a major change in an existing facility would preclude the opportunity for someone else to file for a new station).  The FCC is concerned about a broadcaster using multiple “hops” of an LPTV which is not tied to any specific city to accomplish, through serial minor modifications what should only be permitted by a major change – and by doing so cutting off other applicant’s opportunity to file for a new station at some point in the future when a new window does in fact open.  The FCC had a secondary concern that many of these permits were received in a window almost 15 years ago when applicants were restricted to filing for stations in rural areas and, through multiple hops, some of these stations were moved into metropolitan areas.
Continue Reading $250,000 Fine and Surrender of 100 LPTV Authorizations Shows FCC Insistence on Permanent Construction of Stations Authorized by Construction Permits – “Serial Moves” Can Be Abuse of Process