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

  • The FCC adopted an Order that will reinstate FCC Form 395-B, which requires broadcasters to annually report their employees’ race

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

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.

Today’s post will be a bit more into the legal weeds than many of our articles, addressing the standards used by courts to review the decisions of administrative agencies like the FCC.  Last month, there was a Supreme Court argument in a case called Relentless, Inc. v. Department of Commerce that the popular press suggested was going to end the regulation of media companies.  Even the media trade press seemed to think that the decision could cut back on regulations that come from the FCC and other agencies.  As with much popular coverage of legal issues, the real-world impact of the case, while certainly significant in legal practice, is probably overstated.

The Relentless case challenges a judicial precedent in place since a 1984 decision in another case, Chevron [U.S.A.] Inc. v. NRDC, Inc.  The policy adopted in that case, referred to as the “Chevron Doctrine,” says that the courts will defer to the decision of an administrative agency interpreting an ambiguous Congressional statute unless the agency’s decision is arbitrary and capricious or contrary to law.  What that basically means is that, if a policy adopted by Congress is capable of many different interpretations, the Courts will defer to the interpretation of the expert agency that is supposed to enforce that statute, unless the interpretation cannot be squared with the language of the statute or the record before the agency.  We’ve written many times on this blog about this doctrine without necessarily identifying it by name, usually in connection with appeals of a Copyright Royalty Board or FCC decision and how difficult it is to convince a court to overturn these actions.Continue Reading What Does the Supreme Court’s Review of the Chevron Doctrine Mean for Media Companies Challenging Decisions of the FCC and Other Government Agencies? 

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 announced the circulation for Commissioner review and approval of two decisions of interest to broadcasters, signifying that we

President Biden’s signing of the Continuing Resolution last week (see our discussion here) has kept the federal government open, with the FCC and FTC having money to stay open through March 8.  So the FCC will be open and thus there are February regulatory dates to which broadcasters should be paying attention. 

February 1 is the deadline for radio and television station employment units in Arkansas, Kansas, Louisiana, Mississippi, Nebraska, New Jersey, New York, and Oklahoma with five or more full-time employees to upload their Annual EEO Public File Report to their stations’ online public inspection files (OPIFs).  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 five 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 each station’s website, if the station has a website.  Be timely getting these reports into your public file, as even a single late report can lead to FCC fines (see our article here about a recent $26,000 fine for a single late EEO report).Continue Reading February Regulatory Dates for Broadcasters – Annual EEO Public File Reports, C-Band Transition Reimbursement, Political Windows, and More

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 released its agenda for its Open Meeting scheduled for February 15.  The FCC will consider two items of

The FCC last week issued a Notice of Proposed Rulemaking aimed to give incentives to broadcasters to air more local journalism and local programming by prioritizing the processing of certain applications by stations that feature local programming.  That decision drew dissents from both of the FCC’s Republican Commissioners, not because of the proposal for the preference, but because they were concerned about language in the Notice asking for comment on whether the FCC was correct in its 2017 decision that abolished the main studio rule and the policy requiring broadcasters to have the capability of originating programming from a physical location in their service areas.  

The proposal to prioritize the processing of applications by stations with local programming is a narrow one.  The priority would only apply to renewal applications, and applications for sales of full-power stations (assignments of licenses and transfers of control).  The FCC’s proposal would not apply this preference to routine applications that are processed in the normal course (with renewals usually being granted within a month after the three-month comment period following the renewal filing deadline, and assignment and transfer applications similarly being routinely granted within a few weeks of the end of the 30 day public comment period following the public notice of the filing of an application for FCC approval of the sale).  Instead, the majority decision proposes to apply the priority only to applications that are non-routine, giving faster processing to applications that have petitions filed against them, or where the FCC has other concerns with a routine grant of the application (seemingly, in the renewal context, that would apply to cases where there are certifications in the application that cannot be made by an applicant, e.g., where it cannot certify that it had properly maintained its public inspection file during the license term, or that the applicant had not violated FCC rules or had not been silent for an extended period during the license term).Continue Reading FCC Proposes to Prioritize Processing of Applications by Stations with Local Programming – And Asks Many Questions About Whether the FCC Should Have Abolished the Main Studio Rule

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.

  • President Biden signed a Continuing Resolution passed by Congress averting a federal government shutdown that was to begin on January

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 January 12 report listing the items on circulation (those orders or rulemaking proposals that have been drafted and