Broadcast Law Blog

Broadcast Law Blog

Category Archives: Programming Regulations

Subscribe to Programming Regulations RSS Feed

FCC Continues War on Pirate Radio – Seizes Equipment of Boston Stations While New Legislative Tools May Be on the Way

Posted in Emergency Communications, FCC Fines, FM Radio, General FCC, Programming Regulations, Public Interest Obligations/Localism
The FCC yesterday announced that they had seized the equipment of two Boston-area pirate radio stations that had refused to cease operations after receiving FCC notices to do so. The FCC Public Notice on the seizure thanks the US Attorney’s Office and US Marshall’s Office, and the Boston Police Department, for assisting the FCC Field… Continue Reading

April Regulatory Dates for Broadcasters – First Quarterly Issues Programs Lists in Online Public File for All Radio Stations and Other Important Dates

Posted in AM Radio, Children's Programming and Advertising, EEO Compliance/Diversity, FM Radio, FM Translators and LPFM, General FCC, Low Power Television/Class A TV, Multiple Ownership Rules, Programming Regulations, Public Interest Obligations/Localism, Television
April brings with it a milestone – as it is the end of the first quarter since all radio stations have had to have their online public inspection file “live” so that anyone, anywhere, can view a station’s compliance with rules that previously could only be judged by going to the station and reviewing the… Continue Reading

With April Fools’ Day Coming Up, Plan Your On-Air Pranks with Care – Remember the FCC Hoax Rule

Posted in Emergency Communications, FCC Fines, General FCC, Programming Regulations, Public Interest Obligations/Localism
With April Fools’ Day falling on a Sunday this year, perhaps the potential for on-air pranks is lessened. But, then again, who knows what weekend talent may be planning? So, as we do every year about is time, we need to play our role as attorneys and ruin the fun by repeating our reminder that broadcasters need… Continue Reading

Copyright Office Grants Second Extension of Comment Dates in Proceeding Looking at MVPD Reporting Obligations and the Definition of Cable System

Posted in Cable Carriage, Intellectual Property, Internet Video, On Line Media, Programming Regulations, Television
In December, we wrote about a proceeding initiated by the Copyright Office to review the reporting obligations of cable and satellite television systems related to the statutory license that permits those systems to carry the programming of local television stations.  Systems must report information including revenue and subscriber information that allow royalties to be computed. … Continue Reading

Court of Appeals Denies Rehearing on Multilingual EAS Obligations for Broadcasters

Posted in AM Radio, Emergency Communications, FM Radio, Programming Regulations, Public Interest Obligations/Localism, Television
As we wrote here, MMTC (a DC-based public interest group) had petitioned the US Court of Appeals for a Rehearing on its decision (about which we wrote here) upholding the FCC decision deciding not to impose any multilingual EAS obligations on broadcasters.  The full Court of Appeals has just issued a one sentence order denying… Continue Reading

Commissioner O’Rielly to Head FCC Review of KidVid Rules

Posted in Children's Programming and Advertising, Programming Regulations, Public Interest Obligations/Localism
FCC Commissioner Michael O’Rielly today released a statement announcing that Chairman Pai has requested that he lead an effort to review the FCC’s “KidVid” rules – the rules that govern the amount of educational and informational programming that each broadcast station is required to air to meet the needs of children. Commissioner O’Rielly recently wrote… Continue Reading

The Super Bowl is Over – Let’s Talk About the Olympics and Trademarks

Posted in Advertising Issues, Intellectual Property, Programming Regulations, Trademark
Last month, we posted some updated guidelines about engaging in or accepting advertising or promotions that directly or indirectly allude to the Super Bowl without a license from the NFL.  “As Super Bowl Approaches, Advertisers Should Be Aware of The NFL’s Efforts to Protect Its Golden Goose – 2018 Update”  Now, that is behind us… Continue Reading

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

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

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

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

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

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

When the President Uses a Profanity, What Can Broadcast News Do?

Posted in FCC Fines, Indecency, Programming Regulations
Yesterday, the President reportedly used the word “shithole” to describe certain countries whose immigrants were seemingly less favored than others. This predictably caused outrage in many quarters – and left the electronic media, especially broadcast TV in a quandary. Do they broadcast the purportedly used term, or do they use some euphemism so that “shit,”… Continue Reading

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

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

January Regulatory Dates for Broadcasters – Quarterly Issues Programs Lists and Children’s Television Reports, FM Translator Window, Main Studio Rule Change and Streaming Requirements

Posted in AM Radio, Children's Programming and Advertising, FM Translators and LPFM, General FCC, Incentive Auctions/Broadband Report, Intellectual Property, Internet Radio, Music Rights, Programming Regulations, Public Interest Obligations/Localism, Television
The holidays are over, and while the regulation never stops, it is time to once again buckle down and look at what is on the horizon for broadcasters. While, in the next few days, we will have our typical look ahead at the broadcast regulatory agenda in Washington for the New Year, we also need… Continue Reading

FCC Seeks Comment on Two Proposed Acquisitions of Broadcast Stations By Foreign Companies

Posted in Assignments and Transfers, Multiple Ownership Rules, Programming Regulations, Public Interest Obligations/Localism
The FCC this week announced the filing of two applications seeking broadcast acquisitions by non-US based companies. In one available here, a company controlled by Mexican citizens would go from 25% to 100% ownership and control of a company that owns 2 FM stations in California and Arizona. In another, available here, an Italian company… Continue Reading

A Deeper Dive on The FCC’s Ownership Order

Posted in Multiple Ownership Rules, Programming Regulations, Public Interest Obligations/Localism, Television
With the FCC about to propose changes in its national ownership cap for television at its meeting tomorrow (see our article here), we thought that we would take a look back to the week before Thanksgiving, when the FCC made some important decisions for the broadcast industry – including the approval of the Next Generation… 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

Elimination of the Main Studio Rule Scheduled to Be Effective in Early January

Posted in AM Radio, FM Radio, Programming Regulations, Public Interest Obligations/Localism, Television
The FCC’s decision to abolish the main studio rule, about which we wrote here and here, is to be effective 30 days after the publication of the decision in the Federal Register. That publication is tentatively scheduled, according to the Federal Register documents here, for tomorrow. That would make the rule change effective on January… 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

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

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

More and More Actions on Pirate Radio – What is Next?

Posted in FCC Fines, FM Radio, Programming Regulations
It seems like virtually every day, the FCC announces that it has sent numerous Notices to pirate radio operators warning them that their operations are illegal and that, if the operations do not cease, legal penalties may follow. Yesterday, the FCC released ten such Notices, including ones sent to operators of pirate radio stations themselves… Continue Reading

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

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

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