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Category Archives: Noncommercial Broadcasting

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Two Updates – Effective Date of Noncommercial Fundraising and EAS Form 3 Filing

Posted in Emergency Communications, Noncommercial Broadcasting
We wanted to remind you about two recent regulatory dates in case you have overlooked them. A number of trade press articles reminded broadcasters that yesterday was the due date for the filing of Form 3 of the ETRS reporting system, reporting on the results of this year’s Nationwide EAS tests. If you did not… Continue Reading

FCC Announces Information Session on Revised Biennial Ownership Reports

Posted in AM Radio, FM Radio, General FCC, Noncommercial Broadcasting, Television
The FCC yesterday released a Public Notice announcing that it will be holding an information session on November 28, 2017 at 1 PM Eastern Time to familiarize broadcasters with the new Biennial Ownership Report forms. This information session can be viewed live online and will also be archived for viewing after the session (archive to… Continue Reading

Recordkeeping Rules for Third-Party Fundraising by Noncommercial Broadcasters to be Effective November 13, 2017

Posted in Noncommercial Broadcasting
In July, we wrote about the effective date of the FCC’s new rules allowing non-CPB noncommercial stations to interrupt their normal programming to raise funds for third-party charitable and non-profit organizations (we wrote here about the decision itself), for up to 1% of their total airtime. In July, we noted that the new rules on… Continue Reading

FCC Extends Filing Deadline for Biennial Ownership Reports Until March 2, 2018, But Will Require Reporting of Station Ownership as of October 1, 2017 Even By Those Who Sold Stations

Posted in AM Radio, Assignments and Transfers, FM Radio, General FCC, Noncommercial Broadcasting, Television
The FCC on Friday announced that they were extending the deadline for filing Biennial Ownership Reports by broadcasters from December 1 to March 2, 2018 to be sure that the new version of the form in the FCC’s LMS database will be up and ready to be used. The FCC will open the window for… Continue Reading

Remember FCC Rules on Underwriting Limitations – And that They Don’t Apply to Spots Bought By Nonprofit Entities

Posted in Advertising Issues, Noncommercial Broadcasting
Last week, the FCC reached a consent decree with a noncommercial broadcaster, where the broadcaster paid an $8000 penalty for, among other things, running underwriting spots that were too promotional. While the consent decree and its implementing order provide no details on the underwriting violations by the broadcaster, we can assume that the broadcaster ran… Continue Reading

Changes in FCC Rules on Third-Party Fundraising By Noncommercial Stations Effective Now – Except for the New Disclosure and Paperwork Obligations

Posted in Noncommercial Broadcasting
At its April meeting, the FCC voted to allow noncommercial stations not affiliated with NPR or CPB to raise funds for third-party nonprofit organizations, even where such fundraising appeals interrupted normal programming, as long as the licensee did not devote more than 1% of its yearly airtime to such appeals. We wrote here about the… Continue Reading

FCC to Eliminate Need for Social Security Numbers from Board Members of Noncommercial Licensees for Biennial Ownership Report

Posted in EEO Compliance/Diversity, Noncommercial Broadcasting
Last week, we wrote about two of the three broadcast items to be considered at the FCC meeting on April 20. We wrote here about the draft order to restore the UHF discount, and here about the relaxation of the restrictions on fund-raising for third parties by noncommercial stations. The third item, also related to… Continue Reading

FCC Proposes to Adopt Rules Allowing Fundraising for Third-Party Nonprofit Organizations By Non-CPB Noncommercial Stations

Posted in Noncommercial Broadcasting
The FCC released the agenda for its April 20th meeting – and it includes three broadcast items.  Two deal with noncommercial broadcasters (undoing the requirement for noncommercial broadcasters to get Social Security Numbers from its board members so that they can acquire an FCC Registration Number for them – see our articles here and here… Continue Reading

April Regulatory Dates for Broadcasters – Quarterly Issues Programs Lists and Children’s Television Reports, Incentive Auction Closing Notice, AM Translator Site Relocation Relaxation Effective Date

Posted in Children's Programming and Advertising, EEO Compliance/Diversity, FM Radio, FM Translators and LPFM, General FCC, Incentive Auctions/Broadband Report, Noncommercial Broadcasting, Programming Regulations, Public Interest Obligations/Localism, Television
April has many important dates for broadcasters – both radio and TV.  This includes both regular regulatory obligations and dates unique to this April for both radio and TV – including the release of the FCC’s Closing Notice for the TV incentive auction and the effective date for the new rules liberalizing the location of… Continue Reading

What’s Up for Broadcasters in Washington Under the New Administration – A Look Ahead at TV and Radio FCC Issues for the Rest of 2017

Posted in AM Radio, EEO Compliance/Diversity, FCC Fines, FM Radio, FM Translators and LPFM, General FCC, Incentive Auctions/Broadband Report, Indecency, Multiple Ownership Rules, Noncommercial Broadcasting, Political Broadcasting, Programming Regulations, Television
A new President and a new Chair of the FCC have already demonstrated that change is in the air in Washington. Already we’ve seen Chairman Pai lead the FCC to abolish the requirement that broadcasters maintain letters from the public about station operations in their public file (which will take effect once the Paperwork Reduction… Continue Reading

Undoing the Past – New FCC Rescinds Rulings on Noncommercial Ownership Reports, Political Broadcasting Sponsorship Disclosure and Shared Services Agreements

Posted in Multiple Ownership Rules, Noncommercial Broadcasting, Payola and Sponsorship Identification, Political Broadcasting, Television
With the change in administration at the FCC, there are opportunities for certain actions to be taken very quickly, without going through the full process of a rulemaking requiring public notice of the proposed rule change and time for public comment.  At the end of this last week, we saw the FCC’s Media Bureau take… Continue Reading

Ajit Pai Named New FCC Chair, Appoints Temporary Head of Media Bureau and Speaks to Commission Staff

Posted in AM Radio, General FCC, Multiple Ownership Rules, Noncommercial Broadcasting
This week, the appointment of Commissioner Ajit Pai as Chairman of the FCC became official.  Since his appointment on Monday, he has released a list of acting bureau chiefs at the FCC (here), including naming Michelle Carey, a long-time FCC employee, as Acting Chief of the Media Bureau upon the departure of Bill Lake who… Continue Reading

Bill Introduced in Congress to Repeal FCC Information Collection Requirements for Noncommercial Biennial Ownership Reports

Posted in General FCC, Noncommercial Broadcasting
A bill was introduced in Congress this week (see press release here) proposing to roll back the FCC’s requirement that noncommercial broadcasters, in connection with the Biennial Ownership Reports that are due by December 1 of this year, get an FCC Registration Number for every person who has an attributable interest in a noncommercial licensee.… Continue Reading

FCC Denies Reconsideration of Noncommercial Broadcasting Ownership Report Requirements – But Signs that New Commission May See Things Differently

Posted in EEO Compliance/Diversity, General FCC, Multiple Ownership Rules, Noncommercial Broadcasting
The FCC’s Media Bureau yesterday issued an order denying reconsideration of the full Commission decision from last year, synchronizing the Biennial Ownership Report filing requirement for noncommercial broadcasters with that of commercial broadcasters, and requiring that all individuals who have attributable interests in these stations obtain an FCC Registration Number (an “FRN”)(see our summary of… Continue Reading

FCC Suspends Rolling Noncommercial Biennial Ownership Report Deadlines – But All Noncommercial Stations to File Form 323-E by December 1, 2017

Posted in Noncommercial Broadcasting
In the last year, noncommercial broadcast stations, both radio and TV, have been filing their Biennial Ownership Reports on FCC Form 323-E every other year, on the anniversary date of the filing of their license renewal applications.  This meant that, every other month noncommercial stations in a few states had to submit those reports, with… Continue Reading

December Regulatory Dates for Broadcasters – EEO Reports, Ownership and Ancillary Revenue Reports, Ownership Review and Incentive Auction Updates

Posted in Broadcast Auctions, EEO Compliance/Diversity, FCC Fees, General FCC, Incentive Auctions/Broadband Report, Multiple Ownership Rules, Noncommercial Broadcasting
While we are into the holiday season, that does not stop the routine regulatory obligations for broadcasters. December 1 brings a host of routine obligations for stations in many states. EEO public file reports must be added to the public files of Commercial and Noncommercial Full-Power and Class A Television Stations and AM and FM… Continue Reading

October Regulatory Dates for Broadcasters – Quarterly Issues Programs Lists and Children’s Television Reports, EEO Obligations, Noncommercial Biennial Ownership Reports, and Incentive Auction Comment Deadlines

Posted in AM Radio, Broadcast Auctions, Children's Programming and Advertising, EEO Compliance/Diversity, FM Radio, General FCC, Incentive Auctions/Broadband Report, Noncommercial Broadcasting, Programming Regulations, Television
Another month has started – and it is one with regulatory dates for broadcasters. All broadcasters, commercial and noncommercial, have an obligation to complete their Quarterly Issues Programs lists and place them into their public inspection filed by October 10. For TV stations and large-market commercial radio, that means that these lists need to be… Continue Reading

September Regulatory Dates for Broadcasters: EAS Test, Reg Fees, Lowest Unit Rates, Incentive Auction Stage 2

Posted in AM Radio, Broadcast Auctions, Emergency Communications, FCC Fees, FM Radio, General FCC, Incentive Auctions/Broadband Report, Noncommercial Broadcasting, Political Broadcasting, Television
September is one of those unusual months, where there are no regular filing dates for EEO public inspection file reports, quarterly issues programs lists or children’s television reports.  With the unusual start to the month with Labor Day being so late, and the lack of routine deadlines, we didn’t get our usual monthly highlights of… 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

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

Appeals Filed of Copyright Royalty Board Decision on Webcasting Royalties – What’s Next?

Posted in Intellectual Property, Internet Radio, Music Rights, Noncommercial Broadcasting
SoundExchange last week filed an appeal of the Copyright Royalty Board’s decision on webcasting royalties (a decision which we summarized here and here), as reported by a number of trade press articles. Most of these press reports did not note that this was not the only appeal filed. At least two other parties, IBS (Intercollegiate… Continue Reading

FCC To Consider Abolition of Requirement that Broadcasters Maintain Letters From the Public in their Public Files – Moving Toward the End of the Physical Public File?

Posted in AM Radio, FM Radio, General FCC, Noncommercial Broadcasting, Public Interest Obligations/Localism, Television
Yesterday, the FCC announced its agenda for its May open meeting to be held on May 25. Among the items on the agenda is a proposal to adopt a Notice of Proposed Rulemaking looking to abolish the obligation that broadcasters maintain in their public files copies of letters and emails from the general public about… Continue Reading

FCC Application Processing Decisions – No Reasonable Transmitter Site Assurance Necessary for Auction Applications, Change in Control of Nonprofit Governing Board Fatal to Pending Applications

Posted in Broadcast Auctions, General FCC, Noncommercial Broadcasting, Tower Issues
There were several recent FCC decisions on application processing matters worthy of note. One deals with the processing of commercial applications for FM stations or FM translators that are involved in an auction to resolve disputes, the others with the processing of noncommercial applications (in this case for LPFM stations). None break new ground –… Continue Reading

2016 is a Big Year for Radio and ASCAP, BMI and SESAC

Posted in AM Radio, Broadcast Performance Royalty, FM Radio, Intellectual Property, Music Rights, Noncommercial Broadcasting, On Line Media
The “performing rights organizations” – ASCAP, BMI and SESAC – don’t get as much attention in these pages as do the royalties paid to SoundExchange for the use of “sound recordings.” The PROs collect for the public performance of the “musical work” or the musical composition – the words and music of a song. These… Continue Reading

Looking at the FCC’s Indecency Rules – Does Anyone Know What’s Prohibited and What’s Permitted?

Posted in FCC Fines, Indecency, Noncommercial Broadcasting, Programming Regulations
A Washington Post article published this weekend was titled “Is there anything you can’t say on TV anymore? It’s complicated.” And, it really is. The Post article presents a very good overview on the status of the FCC’s indecency rules. What will happen with those rules has been a matter of conjecture for several years,… Continue Reading