Payola and Sponsorship Identification

In our summary of last week’s regulatory actions, I was struck by a common thread in comments made by several FCC Commissioners in different contexts – the thread being the FCC’s role in regulating Internet content companies.  As we noted in our summary, both Republican commissioners issued statements last week in response to a request by a public interest group that the FCC block Elon Musk’s acquisition of Twitter.  The Commissioners stated that the FCC had no role to play in reviewing that acquisition.  Twitter does not appear to own regulated communications assets and thus the FCC would not be called upon to review any application for the acquisition of that company.  The Commissioners also noted concerns with the First Amendment implications of trying to block the acquisition because of Musk’s hands-off position on the regulation of content on the platform, but the Commissioners’ principal concern was with FCC jurisdiction (Carr StatementSimington Comments).  In the same week, FCC Chairwoman Jessica Rosenworcel, in remarks to a disability rights organization, talked about plans for more FCC forums on the accessibility of Internet content to follow up on the sessions that we wrote about here.

The ability of the FCC to regulate internet content and platforms depends on statutory authority.  In holding the forums on captioning of online video content, the FCC could look to the language of the 21st Century Communications and Video Accessibility Act, which included language that asked the FCC to look at the accessibility of video content used on internet platforms.  In other areas, the FCC’s jurisdiction is not as clear, but calls arise regularly for the FCC to act to regulate content that, as we have written in other contexts, looks more and more like broadcast content and competes directly with that content.
Continue Reading Does the FCC Regulate Internet Content and Companies? 

Though this April is somewhat lighter than other months on regulatory deadlines for broadcasters, there are still dates to which broadcasters should pay attention.  As noted below, all stations need to pay close attention to the quarterly obligation to post issues/programs lists to your online public file.  Here is more on that date and information on some of the other dates and deadlines in April applicable to broadcasters.

After three years, the radio license renewal filing cycle closes on April 1, with renewal applications due from stations licensed to communities in Delaware and Pennsylvania.  Renewal applications for TV stations licensed to communities in Texas are also due by April 1.  The TV renewal cycle continues through 2023.  Renewal applications must be accompanied by FCC Form 2100, Schedule 396 Broadcast EEO Program Report (except for LPFMs and TV translators).  Stations filing for renewal of their license should make sure that all documents required to be uploaded to the station’s online public file are complete and were uploaded on time.  Note that your Broadcast EEO Program Report must include two years of annual EEO public file reports for FCC review, unless your employment unit employs fewer than five full-time employees.  Be sure to read the instructions for the license renewal application (radioTV) and consult with your advisors if you have questions, especially if you have noticed any discrepancies in your online public file or political file.
Continue Reading April Regulatory Dates for Broadcasters: TV and Radio Renewals, Quarterly Issues, New Foreign Government Sponsorship ID Rules, Revised Radio Technical Rules, EEO Audits and Filings, and More

Here are some of the regulatory developments of significance to broadcasters from the last week, and a look ahead at an important deadline next week, with links to where you can go to find more information as to how these actions may affect your operations.

  • New FCC sponsorship identification rules that impose obligations on almost

The FCC this week announced that broadcasters must now comply with new rules designed to identify when programming is run on U.S. stations that was provided by a foreign governmental entity pursuant to a lease of airtime.  While this seems like a narrow purpose, the new rules will impose a burden on broadcasters.  Because of First Amendment considerations, the FCC cannot totally prohibit the broadcast of such programming, but it adopted this rule to ensure that audiences are informed about programming backed by a foreign government.  The NAB and other groups have appealed the FCC’s rules, and that appeal is pending.  The court also denied a request to delay the requirements of the new rules from going into effect.  Thus, broadcasters must begin to comply with the rules now.

The FCC’s rules require broadcasters to make a very specific sponsorship identification disclosure in programming aired under an agreement for the lease of airtime if that programming has been supplied by a “foreign governmental entity” (defined in the rule), or if anyone involved in the production or distribution of that programming aired pursuant to the lease agreement (or a sub-lease) qualifies as a foreign governmental entity.  A foreign government entity is defined by the FCC rule (Section 73.1212(j)) to “include governments of foreign countries, foreign political parties, agents of foreign principals, and United States-based foreign media outlets.”  The rule goes on to give other specific definitions of these terms.
Continue Reading New Rules on the Identification of Foreign Government-Provided Programs Affects All Broadcasters – Now in Effect  

Here are some of the regulatory developments of significance to broadcasters from the last week, and a look ahead to events of importance next week, with links to where you can go to find more information as to how these actions may affect your operations.

  • The Media Bureau this week released the first of what

Before we jump into February dates, let’s take a look at some important dates still to come in January.  Noncommercial radio applicants whose applications were found to be mutually exclusive (MX) with one or more other applications filed in the reserved band window have through January 28 to submit technical amendments or work with others in their MX group to enter into settlement agreements or otherwise resolve conflicts.  See the MX groups, here, and the Public Notice setting out the details of the settlement window and filing procedures, here.

By January 31, television stations must fulfill their now-annual obligation to prepare and file a  Children’s Television Programming Report (Form 2100, Schedule H).  Also due to be uploaded to the online public file is a certification of compliance with commercial limits in children’s programming.  Schedule H would normally be due to be filed by January 30 but, as that date is a Sunday this year, the filing deadline is the next business day—January 31.  Records documenting compliance with the limits on the number of commercial minutes that stations can allow in children’s programming are also due to be uploaded to each full-power and Class A TV station’s public file by January 31—another January 30 deadline pushed to the next business day.  As a reminder, the quarterly filings were replaced with annual filings as part of the 2019 KidVid rule changes (we summarized those changes, here).
Continue Reading February Regulatory Dates for Broadcasters: Children’s TV Reporting, License Renewals, EEO Filings, FCC Proceedings, 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.

  • FCC Chairwoman Jessica Rosenworcel was confirmed by the Senate to serve a new, five-year term. (Rosenworcel Statement)  She

In a Federal Trade Commission notice published last week, the agency warned the advertising industry that penalties could be coming for the use of deceptive endorsements.  The FTC not only released the notice, but it also sent a letter (a version of which is available here) to hundreds of businesses (a list is here) – advertisers, advertising agencies, and a few media companies – reminding them of the FTC’s concerns about deceptive endorsements in advertising.  While the FTC makes clear that this list of recipients of the letter does not indicate that any of them did anything wrong, it does make clear that the FTC takes this issue very seriously and wants to highlight the issue for the entire advertising ecosystem.  The letter reminds businesses that violations can lead to fines of up to $43,792 per violation and other penalties.

What are the FTC concerns?  The FTC said that prohibited practices “include, but are not limited to: falsely claiming an endorsement by a third party; misrepresenting whether an endorser is an actual, current, or recent user; using an endorsement to make deceptive performance claims; failing to disclose an unexpected material connection with an endorser; and misrepresenting that the experience of endorsers represents consumers’ typical or ordinary experience.”  In other words, when an endorser says something about a product, the FTC is expecting that the endorser used the product and the statements that it makes about the product are accurate and reflect what consumers can expect from that product.  This is not the first time that the FTC has raised these issues.
Continue Reading FTC Reminds Advertisers That Deceptive Endorsements in Advertising Can Lead to 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.

  • 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.

  • In anticipation of this week’s deadline for payment of annual regulatory fees – 11:59 pm, Eastern Daylight Time on Friday,