Discussion of FCC, copyright, advertising and other legal issues of importance to radio and television broadcasters and other media companies
Principal Editor: David O’Connor
Here are some of the regulatory developments of the last week of significance to broadcasters, with links to where you can go to find more information as to how these actions may affect your operations. Also, we include a look at actions to watch in the week ahead.
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December is a busy month for broadcasters with routine filings to complete and action on FCC proceedings that will carry over to the next administration. Keep on top of these dates and deadlines even as your calendar fills up with holiday celebrations.
We start at the beginning of the month, with December 1 being the deadline for the filing of applications for the renewal of license of radio stations in Colorado, Minnesota, Montana, North Dakota, and South Dakota, and TV stations in Alabama and Georgia. These stations should have already reviewed their public file (as we noted here, stations should pay particularly close attention to their political files) and be putting the finishing touches on their renewal application (see our article about license renewal preparation here).
Continue Reading December Regulatory Dates for Broadcasters: License Renewals, EEO Filings, DTV Ancillary/Supplementary Fees, Comment Deadlines and More
Here are some of the regulatory developments of the last week of significance to broadcasters, with links to where you can go to find more information as to how these actions may affect your operations.
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In one of those weird little quandaries in the broadcast legal world, the FCC just asked for comments on a petition for declaratory ruling filed by the NAB seeking a clarification as to who is responsible for the content of simulcast streams provided to comply with the ATSC 3.0 conversion rules. Under those rules, for a station to convert to the new NextGen TV transmission system, it must leave behind a simulcast stream of its primary video channel – with that stream being broadcast on a subchannel of a station continuing to operate in the current digital television standard ( a “lighthouse” continuing to transmit the programming to viewers who have not acquired a NextGen TV set – see our articles here, here and here addressing other aspects of the lighthouse signal). In such agreements, there is often a reciprocal agreement that the station hosting the simulcast stream gets to provide its own programming on a simulcast stream of the station that is converting to ATSC 3.0. What has not been explicitly addressed by the FCC is the legal responsibility for the content and other public interest obligations that attach to those streams.
In the normal course, a licensee is responsible for all programming that runs on its station, including on its own subchannel programming streams. As part of the incentive auction and subsequent repacking of the television band, where the FCC blessed channel-sharing arrangements where two or more licensees share a single television channel, the FCC has made clear that there are two separate licensees and each licensee is responsible for their own programming, public file and other regulatory obligations (see our articles here and here on channel sharing). But in the ATSC 3.0 conversion, the question has not been squarely addressed even if the answer is implied, but clearly the NAB is correct that the answer should be made crystal clear.
Continue Reading In the Conversion to NextGen TV, Who is Responsible for the Content of the Simulcast Streams?
It has been a busy week for regulatory actions affecting broadcasters. Here are some of the significant developments of the last week, with links to where you can go to find more information as to how these actions may affect your operations.
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November is one of those few months with no routine FCC filing obligations (no renewals, reports, fees or other regularly scheduled deadlines. While that might seem to suggest that you can take time that you normally devote to regulatory actions to begin your holiday preparations even in this most unusual year, there are still many issues to consider, and you can also use this month to plan for complying with deadlines that fall in December.
While there are no significant comment dates on broadcast matters yet set in November, look for dates to be set in the FCC’s proceeding to determine whether there should be a limit on the number of applications that one party can file in the upcoming window for the filing of applications for new noncommercial, reserved band FM stations. See our article here on the FCC’s request for comments in this proceeding.
Continue Reading November Regulatory Dates for Broadcasters: Rulemaking Comments, Hearings on Diversity and a New Commissioner, an FCC Open Meeting and More
Here are some of the regulatory developments of the last week of significance to broadcasters, with links to where you can go to find more information as to how these actions may affect your operations.
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The FCC’s abolition of the rule that prohibited same-service radio stations serving the same area from substantially duplicating their programming becomes effective today, as the FCC order repealing the rule was published in the Federal Register. The rule had prohibited radio stations in the same service (AM or FM) that have over 50% overlap…
Here are some of the regulatory developments and legal actions of the last week of significance to broadcasters, with links to where you can go to find more information as to how these actions may affect your operations.
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In many parts of the country, the air is turning crisp, the leaves are changing color, and kids are back in school (in some form), making it the perfect time to get caught up with regulatory dates and deadlines coming in October. This is an unusual month where there are several routine regulatory deadlines – renewals, EEO filings, Quarterly Issues Programs Lists, and the must-carry/retransmission consent deadline, but no significant broadcast rulemaking comment deadlines, perhaps as we are nearing the end of the current administration which might not be around to finish any proceeding started now.
The routine deadlines include those for radio stations in Iowa and Missouri and TV stations in Florida, Puerto Rico, and the U.S. Virgin Islands who should be putting the finishing touches on their license renewal applications, to be filed on or before October 1, along with the accompanying EEO program report. Stations should also have their post-filing announcements ready and scheduled to begin airing on October 1. Those announcements continue through December 16. Stations are no longer required to air pre-filing announcements. The schedule for post-filing announcements and sample announcement language is here for radio stations and here for TV stations.
Continue Reading October Regulatory Dates for Broadcasters: License Renewals, EEO Reports, Carriage Elections, Quarterly Issues/Programs Lists and More
