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Category Archives: Political Broadcasting

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Beware of the Political File Obligations in this Hot Political Advertising Year

Posted in Advertising Issues, Political Broadcasting
In this “political” year with Congressional mid-term elections in November, including many hotly contested races for seats in the US House of Representatives and the Senate, as well as many state and local elections, I receive many questions from broadcasters across the country. Perhaps the area in which most questions are received deals with the… Continue Reading

Broadcasting and Cable Political Window Begins September 7 For November Elections – A Refresher on the FCC’s Lowest Unit Charge Rules

Posted in Advertising Issues, Political Broadcasting
With the lowest unit charge window for the November elections going into effect tomorrow (September 7), we thought that it was a good idea to review the basics FCC rules and policies affecting those charges. With this election, where control of Congress may well be hotly contested and may result in competitive elections across the… Continue Reading

More September Regulatory Dates – Effective Date of New Application Fees, Filing Deadline for TV Shared Services Agreements, Lowest Unit Rate For September Election and Reminder on Repacking Requirements

Posted in Advertising Issues, Digital Television, FCC Fees, General FCC, Multiple Ownership Rules, Political Broadcasting, Television
Yesterday, we wrote about the regulatory dates coming up for broadcasters in September.  Even though that was an extensive list, we realized later that we left a few off.  So here are a few more issues to consider in September.  Plus, the FCC yesterday reminded repacked TV stations of all of the requirements for TV… Continue Reading

Google Announces Programmatic Buys of Audio Ads – Looking at Legal Issues with Programmatic Sales

Posted in Advertising Issues, Internet Radio, On Line Media, Payola and Sponsorship Identification, Political Broadcasting
Last week, it was announced that Google through its DoubleClick platform, would be offering programmatic buying opportunities for advertisers looking to place audio ads into online streams. While that system is initially being rolled out among the big digital audio services, if it or other similar platforms are expanded more broadly, it could bring more… Continue Reading

Dealing with a Local Political Candidate Who Appears in a Spot Advertisement for a Commercial Business

Posted in Advertising Issues, Political Broadcasting
With election season upon us again, I’ve had one question that has come up repeatedly in the last few weeks about local candidates – usually running for state or municipal offices – who appear in advertisements for local businesses that they own or manage. Often times, these individuals will routinely appear in a business’ ads… Continue Reading

June Regulatory Dates for Broadcasters – EEO, Translators, Political Rules and Earth Stations

Posted in AM Radio, EEO Compliance/Diversity, FM Translators and LPFM, General FCC, License Renewal, Low Power Television/Class A TV, Political Broadcasting, Television, Website Issues
For radio and television stations with 5 or more full-time employees located in Arizona, Idaho, Maryland, Michigan, Nevada, New Mexico, Ohio, Utah, Virginia, West Virginia, Wyoming, and the District of Columbia, June 1 brings the requirement that you upload to your online inspection file your Annual EEO Public Inspection File Report detailing your employment outreach… Continue Reading

Moving Broadcast Political Advertising Rules to the Online World – NY State Adopts a New Law While Congress Considers Online Political Advertising Disclosures, and the FEC Considers Enhanced Online Sponsorship Identification

Posted in Internet Radio, Internet Video, On Line Media, Payola and Sponsorship Identification, Political Broadcasting, Website Issues
With high profile primaries in numerous states and similar elections last week, and more coming over the next few months in preparation for the November election, broadcasters are dealing with the legal issues that arise with on-air advertising that either promotes or attacks candidates and which addresses other important matters that will be decided in… Continue Reading

May Regulatory Dates for Broadcasters – FCC Meeting, FM Translator and LPTV Filing Windows, Political Windows and More Consideration of Music Reforms

Posted in AM Radio, EEO Compliance/Diversity, FM Translators and LPFM, General FCC, Intellectual Property, Low Power Television/Class A TV, Music Rights, On Line Media, Political Broadcasting
May is one of those months where there are neither deadlines for EEO Public File Reports nor for any of the quarterly filings of issues/programs lists and children’s television reports. But the lack of these routine filing deadlines does not mean that there are no dates of interest in the coming month to broadcasters and… Continue Reading

What Issues Should Broadcasters be Considering When Taking Advantage of New Rules Abolishing Main Studio and Staffing Requirements?

Posted in Emergency Communications, FCC Fines, General FCC, Low Power Television/Class A TV, Political Broadcasting, Programming Regulations, Public Interest Obligations/Localism
The FCC this week published a Small Business Compliance Guide for companies looking to take advantage of the FCC’s elimination of the main studio rules and the studio staffing requirements associated with those rules (see our articles here and here summarizing the rule changes). The Compliance Guide points out that stations looking to eliminate their… Continue Reading

Washington Legal Issues for TV Broadcasters – Where Things Stand in the New Year

Posted in Cable Carriage, Children's Programming and Advertising, Digital Television, EEO Compliance/Diversity, Emergency Communications, General FCC, Incentive Auctions/Broadband Report, Indecency, Low Power Television/Class A TV, Multiple Ownership Rules, Payola and Sponsorship Identification, Political Broadcasting, Programming Regulations, Public Interest Obligations/Localism, Television
It’s a new year, and a good time to reflect on where all the Washington issues for TV broadcasters stand at the moment, especially given the rapid pace of change since the new administration took over just about a year ago. While we try on this Blog to write about many of the DC issues… Continue Reading

Political Broadcasting and Programmatic Buying – Issues to Consider

Posted in Advertising Issues, Political Broadcasting, Programming Regulations
The week before last, Bobby Baker, the head of the FCC’s Office of Political Programming and the acknowledged guru on political broadcasting issues, and I conducted a webinar for 20 state broadcast associations discussing the FCC rules regarding political advertising and related issues. We have done this seminar every other year for quite some time… Continue Reading

FCC Political Broadcasting Rules for Write-In Candidates

Posted in Advertising Issues, Political Broadcasting
In these last few weeks before the many municipal elections that will be occurring in November in states across the country, I have recently received several questions about a broadcaster’s legal obligations toward write-in candidates who want to run advertising on a radio or television station. Under FCC precedent, all legally qualified candidates (including those… Continue Reading

FCC Releases Draft Order to Abolish Main Studio Rule – To Be Considered at its October 24 Meeting

Posted in AM Radio, FM Radio, Political Broadcasting, Programming Regulations, Public Interest Obligations/Localism, Television
The FCC yesterday released the agenda for its October 24th Open Meeting, as well as draft orders of the matters to be considered at that meeting. For broadcasters, the single most significant proposal was a draft order (available here) to abolish the requirement that a broadcast station maintain a main studio in close proximity to… Continue Reading

Washington Issues for TV Broadcasters – Where Things Stand at the FCC

Posted in Digital Television, Incentive Auctions/Broadband Report, Political Broadcasting, Television
There is never a shortage of Washington issues for broadcasters to consider, and the rapid pace of change since the new administration took over in January has made it even more difficult to track where all the issues stand. While we try on this Blog to write about many of the DC issues for broadcasters,… Continue Reading

September Regulatory Dates for Broadcasters – Including Reg Fees, Nationwide EAS Test, Must-Carry Letters, Lowest Unit Rate, Translator and Repack Deadlines and GMR License Extension

Posted in Advertising Issues, AM Radio, Broadcast Performance Royalty, Cable Carriage, Emergency Communications, FCC Fees, FM Radio, FM Translators and LPFM, General FCC, Incentive Auctions/Broadband Report, Intellectual Property, Music Rights, Political Broadcasting, Television
Summer is coming to an end, but the legal obligations never take a vacation, and September brings another list of regulatory deadlines for broadcasters. While the month is one of those without the usual list of EEO Public File obligations or quarterly FCC filing obligations, there still are a number of other regulatory deadlines for… Continue Reading

Complaints Filed Against TV Stations for Public File Violations on Political Issue Ads

Posted in Advertising Issues, Political Broadcasting, Television
Earlier this week, the Campaign Legal Center and Issue One, two political “watchdog” organizations, filed FCC complaints against two Georgia TV stations, alleging violations of the rules that govern the documents that need to be placed into a station’s public inspection file regarding political “issue advertising” (see their press release here, with links to the… Continue Reading

Modernization of Media Regulation – What Rule Changes Should Broadcasters be Requesting?

Posted in EEO Compliance/Diversity, FCC Fines, FM Radio, General FCC, Multiple Ownership Rules, Political Broadcasting, Programming Regulations, Public Interest Obligations/Localism, Television
It is not every year that the FCC seriously asks broadcasters for suggestions as to what rules it should abolish or modify, but that is exactly what the FCC is doing in its Modernization of Media Regulation proceeding (about which we wrote here and here). Comments due the week after next, on July 5, and… Continue Reading

Reminder – FCC Political Rules Apply to Off-Year Elections for Vacant Congressional Seats, and for State and Local Offices

Posted in Advertising Issues, Political Broadcasting
In odd years like 2017, most broadcasting stations don’t think about the FCC’s political broadcasting rules. But they should – both for special elections to fill open seats in Congress, and for state and local political offices.  Recently, I have received a number of calls about elections to fill seats in Congress that were vacated by… 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

FCC Clarifies Public File Obligations for Identifying Issues and Sponsors for Political Ads – Admonishes Numerous TV Stations for Violations

Posted in Advertising Issues, Political Broadcasting, Television
Late Friday, the FCC’s Media Bureau issued an order (at this time available in Word format only, here) clarifying its public file rules for political ads – both ads from candidates and from third-party groups.  The FCC’s clarifications require broadcasters who run candidate or issue advertising to include information about not only the candidates mentioned… Continue Reading

A Broadcasters Calendar of Regulatory Obligations for 2017

Posted in AM Radio, FM Radio, General FCC, Internet Radio, Political Broadcasting, Television
At the beginning of each year, we publish our broadcaster’s calendar of important dates – setting out the many dates for which broadcasters should be on alert as this year progresses.  The Broadcasters Calendar for 2017 is available here.  The dates set out on the calendar include FCC filing deadlines and dates by which the… Continue Reading

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

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