For the last few years at this time of the year, we’ve departed from our usual coverage of legal and policy issues to talk about something else – broadcasters giving back.  With Giving Tuesday upon us, we wanted to urge our readers to consider ways to give back to our industry.  I guess it is now a tradition, so we’ll do it again this year and suggest some of the many ways we can express our thanks to the industry in which we work.  Broadcasters have long been known for their service to their communities, service benefitting individuals and groups across the country.  While broadcasters are always giving back to their communities and should be celebrated for that, those of us who make our living in some aspect of the industry should recognize that there are plenty of ways for us to give back as well – both to those associated with the industry who have fallen on hard times, and to those who need assistance in obtaining education and training to enter the media industry we so appreciate.  We should all be thankful for jobs, friends, and good fortune. But we should also ourselves give back where possible.  In the broadcast industry itself, there are many groups doing good work.

One that bears mention is the Broadcasters Foundation of America, which provides relief to broadcasters and former broadcasters who have, for one reason or another, fallen on hard times – whether that be for health reasons or because of some other disaster that has affected their lives. The Foundation deserves your consideration. More about the Foundation and its service, and ways to contribute, can be found at their website, here.Continue Reading Giving Back to the Broadcast Industry on Giving Tuesday

  • The NAB and REC Networks, an LPFM advocacy organization, jointly requested an extension of the December 12, 2023 deadline for
  • The FCC has until December 27th to comply with a court order requiring the agency to conclude its still-pending

Monday was the 85th anniversary of the Mercury Players broadcast of the Orson Welles production of The War of the Worlds – a radio broadcast that seemingly scared many Americans into thinking that the country was under attack by Martians, that my home state of New Jersey had been overrun, and that the rest of the country would soon follow.  There has been much media coverage of that broadcast in the last week.  Ten years ago, on its 75th anniversary, we wrote an article that is worth revisiting now, with some edits to look at more recent activity that might bear on any repeat of The War of the Worlds controversy.

On the 75th anniversary of The War of the Worlds broadcast, PBS’s American Experience ran a great documentary about the production – talking about Orson Welles’ decision to delay an announcement that the program was a fictional production, not a real invasion, long after his network superiors ordered that announcement because the network phone lines were tied up with anxious callers.  Also tied up were the phone lines of emergency responders, and the broadcast supposedly caused people to leave their homes to flee the path of the oncoming invaders.  The PBS program talked about how the FCC opened an investigation into the program, and how Congress demanded that laws be passed to prevent such a broadcast from happening again.  Essentially, through some well-publicized apologies by Welles and others involved in the program, and a promise by the network to take steps to prevent it from happening again, the FCC closed its investigation, and no law was passed by Congress.  Even though the government did not act 75 years ago, it is interesting to look at how the FCC has changed since that time, and why such a broadcast would not fly under FCC rules today.Continue Reading Orson Welles’ War of the Worlds Turns 85 – Could the Panic It Caused Happen Today? 

November is a month where there are no regularly scheduled regulatory deadlines.  But the big question for broadcasters may be whether the FCC will continue to function throughout the month. The last-minute continuing resolution passed by Congress on September 30 extended federal government funding through November 17 – which again raises the possibility of a federal government shutdown beginning in late November if Congress does not approve new funding measures for Fiscal Year 2024 by that date.  As we discussed in our previous article regarding October Regulatory Dates for Broadcasters, if a government shutdown does occur, the FCC and other government agencies may have to cease all but critical functions if they do not have any residual funds to continue operations.  In late September, the FCC announced that it had sufficient leftover funds to keep operating for about two weeks after a shutdown.  We do not know if those funds are still available, so we need to be watching to see what happens between now and November 17.

Assuming that there is no shutdown, there are a number of other dates that broadcasters should be watching.  All broadcasters need to remember that November 20 is the deadline to file their ETRS Form Three to provide more detailed information regarding their stations’ performance during the October 4 Nationwide EAS Test.  See our article here regarding this year’s EAS test and broadcasters’ reporting obligations.  This deadline is important for many reasons – not just to avoid potential penalties for missing the filing deadline, but also to demonstrate broadcasters’ commitment to the emergency communications system as broadcasters’ role in that system is the principal reason for Congress to be presently considering the bill to require AM radio in every car.  See our article here for more on the importance of accurate reporting. Continue Reading November Regulatory Dates for Broadcasters – EAS ETRS Form 3, 12.5 GHz Registrations, C-Band Transition Comment Deadline, a Possible Government Shutdown, and More

  • The FCC’s Enforcement Bureau released a Notice of Apparent Liability proposing a $25,000 fine on two commonly-owned clusters of broadcast