Broadcast Law Blog

Broadcast Law Blog

Category Archives: License Renewal

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Five Fines of $10,000 or More Proposed for Radio Stations Missing Quarterly Issues Programs Lists in their Public File – New Concerns for Stations as Public File Goes Online and License Renewal Approaches

By David Oxenford on Posted in AM Radio, FCC Fines, FM Radio, License Renewal, Noncommercial Broadcasting, Public Interest Obligations/Localism, Television
The FCC’s Audio Division yesterday issued “Notices of Apparent Liability for Forfeiture” to five radio stations; all owned by Cumulus Licensing. Each of these notices proposed a fine (called a “forfeiture” in FCC-speak) of either $10,000 (here) or $12,000 (here, here, here and here), all for violations of the FCC public file rules. All of… Continue Reading

Time for the FCC to Review Children’s Television Educational Programming Obligations of Broadcasters?  Commissioner O’Rielly Thinks So

By David Oxenford on Posted in Children's Programming and Advertising, FCC Fines, License Renewal, Programming Regulations
Last week, Commissioner O’Rielly published an article on the FCC blog, suggesting that one of the next steps in the FCC’s Modernization of Media Regulation initiative should be the review of the FCC rules setting obligations for television stations to air educational and informational programming directed to children.  Stations are required to air an average… Continue Reading

Another FCC Hearing Designation Order for Radio Stations that Were Off the Air for Most of Their License Renewal Term

By David Oxenford on Posted in AM Radio, FM Radio, General FCC, License Renewal, Programming Regulations, Public Interest Obligations/Localism
The FCC yesterday issued a Hearing Designation Order for two AM stations in Virginia as these stations were silent for most of their license renewal terms. One of the two stations was on the air for only 54 days out of the 3.4 years that the licensee held the station during the license term, and… Continue Reading

Attorney General Sessions Memo Frees Federal Prosecutors to Pursue Marijuana Cases – What Does It Mean for Broadcast Advertisements?

By David Oxenford on Posted in Advertising Issues, License Renewal, Public Interest Obligations/Localism
Yesterday, Attorney General Jeff Sessions issued a one-page memo (here) advising Federal prosecutors to use their discretion in pursuing marijuana prosecutions – even in states where state law has made marijuana legal for either medical or recreational use.  Even though some states have removed state law restrictions on the sale or use of marijuana, marijuana… Continue Reading

Differing Perspectives on Deregulation – Looking at Comments on FCC’s Proposal to Modify Rules on Public Notice of Broadcast Applications

By David Oxenford on Posted in Assignments and Transfers, General FCC, License Renewal, Programming Regulations, Public Interest Obligations/Localism
While some might think that the business of deregulation is easy, that usually is not the case, as comments on the FCC’s proposals to modify the public notice requirements for broadcast applications make clear. In a Notice of Proposed Rulemaking about which we wrote here and here, as part of its initiative on the Modernization… Continue Reading

Two More Paperwork Burdens Proposed for Relaxation Under FCC’s Modernization of Media Regulation Initiative – TV Ancillary and Supplementary Revenue Reports and Public Notice Requirements

By David Oxenford on Posted in AM Radio, Assignments and Transfers, Digital Television, FM Radio, General FCC, License Renewal, Television
In addition to the elimination of the main studio rule (about which we wrote here), another media item is proposed for consideration at the FCC’s October 24 meeting. A draft Notice of Proposed Rulemaking (NPRM) was released earlier this week proposing two changes in FCC requirements – neither change, in and of itself, offering any… Continue Reading

October Regulatory Dates for Broadcasters – Quarterly Issues Programs and Children’s Television Reports, EEO Obligations, Repacking Reports and More

By David Oxenford on Posted in AM Radio, Children's Programming and Advertising, EEO Compliance/Diversity, FCC Fines, FM Radio, FM Translators and LPFM, General FCC, Incentive Auctions/Broadband Report, License Renewal, Multiple Ownership Rules, Programming Regulations, Public Interest Obligations/Localism, Television
The beginning of a calendar quarter always brings numerous regulatory obligations, and October is one of those months with a particularly full set of obligations. All full-power broadcasters, commercial and noncommercial, must complete their Quarterly Issues Programs Lists and place these reports into their public inspection files by October 10. These reports are the FCC’s… Continue Reading

Effective Date for Elimination of Last Remnant of Rule on Keeping Correspondence in Broadcast Public Inspection File

By David Oxenford on Posted in General FCC, License Renewal, Programming Regulations, Public Interest Obligations/Localism, Television
Earlier this year, the FCC eliminated the requirement that broadcasters maintain, in their public inspection files, copies of letters from the public about station operations (see our article summarizing that action here). One aspect of that rule change did not become immediately effective, as it was subject to review by the Office of Management and… Continue Reading

$17,500 Settlement by TV Broadcaster for Not Identifying Educational and Informational Children’s Programming – Reminder that the FCC is Still in the Enforcement Business

By David Oxenford on Posted in Children's Programming and Advertising, FCC Fines, License Renewal, Programming Regulations, Television
The FCC announced a Consent Decree with a New Jersey TV station where the licensee agreed to make a $17,500 payment to the US Treasury for failing to identify “core” educational and informational programming directed to children with the required “E/I” symbol on the programming itself. This programming was, according to the consent decree, run… Continue Reading

FCC To Hold Hearing to Determine Whether to Deny License Renewal of Radio Station that was Silent for Most of its License Term

By David Oxenford on Posted in FM Radio, License Renewal, Programming Regulations, Public Interest Obligations/Localism
The FCC yesterday took what some may suggest is an unprecedented action to potentially deny the license renewal of an FM broadcast station that was silent for all but one day each year during its license renewal term. According to the Hearing Designation Order, the station operated one day each year to avoid forfeiting its… Continue Reading

Radio Owner Forfeits Several FCC Licenses for Being Silent For Prolonged Periods of Time – Warning to Broadcasters for Next License Renewal Cycle

By David Oxenford on Posted in License Renewal, Programming Regulations, Public Interest Obligations/Localism
Last week, the FCC issued a consent decree entered into with a broadcaster who is the licensee of multiple radio stations, many of which were silent for long periods during the last license renewal cycle. As part of the deal, in order to get renewals for 12 stations granted, the licensee agreed to either surrender… Continue Reading

FCC Votes to Abolish Requirement for Retaining Letters From the Public on Station Operations – First Step in Broadcast Deregulation?

By David Oxenford on Posted in AM Radio, EEO Compliance/Diversity, FM Radio, General FCC, License Renewal, Programming Regulations, Public Interest Obligations/Localism
The FCC on Tuesday voted to abolish the 44 year old requirement that commercial broadcast stations retain, in their public file, letters (and emails) from the public dealing with station operations (see the full Order here). As noted by the Commissioners in their comments at the FCC meeting (and as we suggested here and here… Continue Reading

License Renewal Shows FCC Does Not Regulate Content – Implications for Calls to Regulate Fake News?

By David Oxenford on Posted in Fairness Doctrine, License Renewal, On Line Media, Political Broadcasting, Programming Regulations, Public Interest Obligations/Localism
Last week, the full FCC issued a decision upholding the license renewal grant of a Pacifica-owned radio station in New York. A listener was complaining that the station broadcast favorable statements about an individual who had shot a police officer. The FCC first noted that the listener had not provided details of the statement, but… Continue Reading

FCC Sets Hearing to Determine if Station License Renewal Should Be Denied For Conducting Unsafe Contest

By David Oxenford on Posted in FCC Fines, General FCC, License Renewal
Last week, we wrote an article which received much attention, addressing the legal issues that could come up if contests are not conducted properly. One issue that we did not anticipate was reflected in an FCC order released yesterday, designating for hearing the license renewal of the Entercom Sacramento radio station that was involved in… Continue Reading

Summaries of the Legal Issues Facing Radio and TV Broadcasters – Staying on Top of Your Regulatory Obligations

By David Oxenford on Posted in AM Radio, Appearances, Broadcast Auctions, Cable Carriage, Drones, Emergency Communications, FM Radio, FM Translators and LPFM, General FCC, Incentive Auctions/Broadband Report, Intellectual Property, License Renewal, Low Power Television/Class A TV, Multiple Ownership Rules, Political Broadcasting, Television
Each quarter, my partner David O’Connor and I update a list of the legal and regulatory issues facing TV broadcasters. That list of issues is published by TVNewsCheck and is available on their website, here. This update was published today, and provides a summary of the status of legal and regulatory issues ranging from the… Continue Reading

Reminder on August 30 Effective Date for Increases in FCC Application Fees

By David Oxenford on Posted in Assignments and Transfers, FCC Fees, License Renewal
While most broadcasters are awaiting word of when the FCC’s annual regulatory fees will be due (an announcement that should be coming any day now as regulatory fees will be paid in September by all commercial broadcasters to offset the cost of being regulated), the FCC announced yesterday that its application fees are going up… Continue Reading

Update: More on Marijuana Advertising

By David Oxenford on Posted in Advertising Issues, License Renewal, Public Interest Obligations/Localism
In the few days since I posted this update on concerns about marijuana advertising, there has been much attention devoted to the subject – and none of it undermines my belief that broadcasters need to continue to be cautious in this area. Yesterday, there was an article in the Sacramento Bee newspaper, specifically addressing the… Continue Reading

FDA Continues to Schedule Marijuana as a Schedule I Drug – Doing Nothing to Clarify the Still Murky State of Broadcast Advertising

By David Oxenford on Posted in Advertising Issues, License Renewal, Public Interest Obligations/Localism
Last week’s letter from the FDA detailing its position that there should be no change in marijuana being classified as a Schedule I drug under Federal law reinforces the fact that, under Federal law, the drug is still illegal – no matter what certain states may do to legalize or decriminalize its use. As the… Continue Reading

Long Periods of Silence Can Jeopardize a Station’s License – $5000 Fine and Short-Term Renewal Given to a Station that had Been Silent for Extended Periods

By David Oxenford on Posted in AM Radio, FCC Fines, FM Radio, General FCC, License Renewal, Public Interest Obligations/Localism
In a decision released last week, the FCC made clear that stations that have long periods in which they are not operated (perhaps being put back into operation for a day or two every year to avoid the automatic cancellation of their licenses) are not operating in the public interest, and are putting their license… Continue Reading

July Regulatory Dates for Broadcasters – FM Translators for Class A and B AMs; Quarterly Issue Programs and Children’s Television Reports; Comments on EAS, Letters from the Public and Regulatory Fees, Cable Royalty Claims; and More

By David Oxenford on Posted in Cable Carriage, Children's Programming and Advertising, Emergency Communications, FCC Fees, FCC Fines, FM Radio, FM Translators and LPFM, General FCC, Incentive Auctions/Broadband Report, License Renewal, Noncommercial Broadcasting, Political Broadcasting, Programming Regulations, Public Interest Obligations/Localism, Television
While TV broadcasters can enjoy an incentive auction respite in July as attention shifts to the “forward auction” where we will see whether wireless carriers come up with enough money to fund the $86,422,558,704 (plus $1.75 billion for repacking costs, plus auction-related administrative costs) needed for the buyout of TV stations who agreed to surrender… Continue Reading

Does the FCC Use the Online Public File to Spot Rule Violations? $20,000 Fine to TV Station for Late-Filed Children’s Television Reports Suggests it Does

By David Oxenford on Posted in Children's Programming and Advertising, FCC Fines, General FCC, License Renewal, Political Broadcasting, Programming Regulations, Television
In a Notice of Apparent Liability released yesterday, the FCC proposed to fine a TV station $20,000 for being late in the filing of 4 years of Quarterly Children’s Television Programming Reports (FCC Form 398). While the penalty is consistent with the size of penalties that the FCC has been imposing for similar violations in… Continue Reading

The Murky State of Rules on Broadcast Advertising of Marijuana Products in States Which Have Legalized its Sale or Use

By David Oxenford on Posted in Advertising Issues, General FCC, License Renewal, Public Interest Obligations/Localism
  Broadcasters, like other federally regulated industries, continue to be leery about advertising for marijuana, even in states where cannabis dispensaries have been legalized for medical or even recreational use.  This week, the NY Times ran an article about companies trying to provide ways for dispensaries to use electronic payment systems, as federally regulated banks… Continue Reading

On Its 20th Anniversary, Looking Back at How the Telecommunications Act of 1996 Changed the Broadcast Regulatory Landscape

By David Oxenford on Posted in General FCC, Incentive Auctions/Broadband Report, License Renewal, Multiple Ownership Rules, On Line Media, Public Interest Obligations/Localism, Television
In Washington DC this week, many in the communications world are commemorating the 20th anniversary of the passage of the Telecommunications Act of 1996. Five years ago, we noted the changes that the Act made in the broadcast regulatory world – changes that are still being debated 20 years later. To show how little things… Continue Reading

The Care and Feeding of the Broadcast Public Inspection File – Requirements and Retention Periods, A Presentation on the Issues

By David Oxenford on Posted in AM Radio, FCC Fines, FM Radio, General FCC, License Renewal, Political Broadcasting, Programming Regulations, Public Interest Obligations/Localism, Television
The FCC requires each full-power broadcast station, commercial and noncommercial, to maintain a public inspection file.  Even though this is a longstanding FCC requirement, there are always questions about what goes into the file, and how long those materials must be retained.  The week before last, I conducted a webinar for about 20 state broadcast… Continue Reading