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.

  • In the last two weeks, many stations have discovered that links to their FCC-hosted online public inspection file no longer

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 Senate Commerce Committee this week held a hearing on the nomination of FCC Chairwoman Jessica Rosenworcel for another five-year

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 Senate Commerce Committee announced this week that it will hold a hearing to consider FCC Chairwoman Jessica Rosenworcel for

With the Administration’s decision to renominate Jessica Rosenworcel for another term on the FCC and to select her as the permanent chair of the Commission, and the nomination of Gigi Sohn to fill the vacant seat on the FCC, and assuming both are confirmed by the Senate (though the Wall Street Journal noted that there

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.

  • In a Further Notice of Proposed Rulemaking released Friday, the FCC proposed new rules to deal with the responsibility for

On December 1 of this year, Biennial Ownership Reports are due to be filed at the FCC by all full-power radio and TV stations, commercial and noncommercial, as well as from Class A TV and LPTV operators.  These reports are due every two years.  While the last two biennial reports that had been due in December 2019 and in December 2017 had their deadlines extended to early the next year because of issues with the FCC forms that were at that point still being refined, no such issues are expected this year. In fact, a month ago when the window opened for filing these reports, the FCC released a Public Notice reminding broadcasters of the filing deadline, emphasizing its importance, and issuing this warning that there may well be fines or other penalties for stations that do not timely file this required report:

Consistent with the importance of this information, Commission staff intends to pursue enforcement actions against licensees that fail to file their biennial ownership reports in a timely or complete manner. 

Why does the Commission collect this information?  Biennial ownership information not only keeps track for the public of who owns broadcast properties, but it also allows the Commission to track broadcast ownership.  In recent years, the reports ask for the gender and race/ethnicity of owners of stations (and control parties of noncommercial stations), and the Commission plans to use this information to track industry ownership trends.  This was an issue in the most recent change in the broadcast ownership rules, where the Third Circuit, before being overturned by the Supreme Court, had wanted the FCC to determine the impact of past changes in its ownership rules on minority and female ownership – and the FCC fought back, claiming that it did not have that information (see our article here).  These reports are one way in which such information is supposed to be provided by the FCC.
Continue Reading Less than a Month to Go – Reminder to Broadcasters to File Biennial Ownership Reports by December 1 or Potentially Face Penalties

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.

  • President Joe Biden made official his permanent FCC Chair – selecting Acting Chairwoman Jessica Rosenworcel to fill that position. He

With FCC Acting Chair Jessica Rosenworcel now appointed permanent chair of the FCC, and with a fifth FCC Commissioner now having been nominated (Gigi Sohn), the FCC may soon be back to normal strength.  Even before that though, the FCC and other government agencies remain busy, with many important regulatory dates and deadlines in the coming weeks.  We have highlighted some of those dates below.  Pay close attention to these dates, especially the December 1 deadline to file biennial ownership reports that is applicable to all broadcasters.

Reply comments on the FCC proposal to bring back FCC Form 395-B are due by November 1 (comments were due by September 30 and can be read here).  Following the FCC’s review of comments and reply comments on the issue, enhanced equal employment opportunity data collection could again be a reality for broadcasters more than 20 years after the FCC suspended the form’s use.  Form 395-B was an annual report intended to gather information about the race and gender of broadcast employees, thrown out by the courts over fears of the unconstitutional use of the data to force broadcasters to make hiring decisions based on these factors.  We wrote more about the possible resurrection of Form 395-B, here.
Continue Reading November Regulatory Dates for Broadcasters: Reply Comments on EEO Reporting and KidVid Accessibility; New Noncommercial FM Filing Window; Biennial Ownership Reports; License Renewals; 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.

  • The Federal Trade Commission issued a press release which warns advertisers to avoid misleading endorsements. The FTC also sent a

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 Copyright Office initiated a study of the rights of publishers, to explore ways to assist local journalism. The notice