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
We took last week off for the holidays and today bring you the regulatory developments of interest to broadcasters from the past two weeks, which we discuss below with links to where you can go to find more information as to how these actions may affect your operations.
2025 has begun – and everyone is speculating as to what the New Year will bring, particularly given the upcoming change in administration in the White House and at the FCC. Yesterday, we published an article looking at some of the regulatory issues that we expect the FCC will address this year. And we promised…
It’s a new year, and as has been our custom at the beginning of each year, we dust off the crystal ball and take a look at what we think may be some of the significant regulatory and legislative issues that broadcasters will be facing in 2025. This year, there is an extra layer of uncertainty given a new administration, both in the White House and at the FCC. Already, it appears that a new administration will bring new priorities – some barely on the radar in past years – to the top of the list of the issues that broadcasters will need to be carefully monitoring.
One of those issues has been a possible FCC review of the meaning of the “public interest” standard under which all broadcasters are governed. As we wrote when President-Elect Trump announced his pick for the new FCC Chair starting on Inauguration Day, Chair-Designate Brendan Carr has indicated that this public interest proceeding will be a high priority. In his opinion, broadcasters, or perhaps more specifically the news media, have suffered from an erosion of trust, and it has been his expressed opinion that a reexamination of the public interest standard might help to restore public trust. We noted in our article upon his selection that this is not the first time that there has been a re-examination of that standard. It has traditionally been difficult to precisely define what the standard means. In the coming days, we will be writing more about this issue. But suffice it to say that we are hopeful that any new examination does not lead to more paperwork obligations for broadcasters, as seemingly occurred whenever any broadcast issue was addressed by the current administration. As we note below, there are several paperwork burdens that we think may disappear in the new administration, so we are not expecting more paper – but we will all need to be carefully watching what develops from any re-examination of the public interest standard.Continue Reading Looking Into the Crystal Ball – What Legal and Policy Issues are Ahead for Broadcasters in 2025?
As 2024 comes to an end, 2025 is beginning to come into focus – a new year that will likely bring big changes to the Washington broadcast regulation scene with the inauguration of a new President and installation of a new FCC chair who has already promised to move forward with policies very different than those of the current administration (see our discussion here and here). But while we are waiting for the big changes that may occur, there are many more mundane dates and issues to which broadcasters need to pay attention. Let’s look at what is coming up in the next month.
Broadcasters need to remember that January 10 is the deadline for all full power and Class A TV stations, and full power AM and FM radio stations, both commercial and noncommercial, to upload to their Online Public Inspection Files their Quarterly Issues/Program lists for the fourth quarter of 2024. The lists should identify the issues of importance to the station’s community and the programs that the station aired between October 1 and December 31, 2024, that addressed those issues. These lists must be timely uploaded to your station’s OPIF, as the untimely uploads of these documents probably have resulted in more fines in the last decade than for any other FCC rule violation. As you finalize your lists, do so carefully and accurately, as they are the only official records of how your station is serving the public and addressing the needs and interests of its community. See our article here for more on the importance of the Quarterly Issues/Programs list obligation.Continue Reading January 2025 Regulatory Updates for Broadcasters – Quarterly Issues/Programs Lists, Children’s Television Programming Reporting, Expansion of Audio Description Requirements, Political Windows, and More
Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations.
For the last few years at this time of the year, we’ve departed from our usual coverage of legal and policy issues to talk about something else – broadcasters giving back. With Giving Tuesday upon us, we wanted to urge our readers to consider ways to give back to our industry. I guess it is now a tradition, so we’ll do it again this year and suggest some of the many ways we can express our thanks to the industry in which we work.
Broadcasters have long been known for their service to their communities, service benefitting individuals and groups across the country. While broadcasters are always giving back to their communities and should be celebrated for that, those of us who make our living in some aspect of the industry should recognize that there are plenty of ways for us to give back as well – both to those associated with the industry who have fallen on hard times, and to those who need assistance in obtaining education and training to enter the media industry we so appreciate. We should all be thankful for jobs, friends, and good fortune. But we should also ourselves give back where possible. In the broadcast industry itself, there are many groups doing good work.Continue Reading Giving Back to the Broadcast and Media Industries on Giving Tuesday
President-elect Trump this week selected sitting FCC Commissioner Brendan Carr to be the new Chairman of the FCC starting on Inauguration Day, January 20. As a sitting Commissioner, Carr can become permanent Chair immediately – no Senate confirmation is necessary. Current FCC Chair Jessica Rosenworcel announced that, as is traditional, she will not only step down from her position as Chair on January 20 and will also leave the Commission on that date – leaving one empty seat on the FCC to be filled by the new President (to permanently fill that vacancy, Senate confirmation is needed). Until that third Republican seat is filled, Chairman Carr will be operating with a Commission split 2-2 on party lines, suggesting that initially any major Commission actions will need to be ones that are bipartisan. However, when Commissioner Carr becomes Chair, he can appoint the heads of the Bureaus and Divisions at the FCC that do most of the routine processing of applications and issuing most of the day-to-day interpretations of policy. As Carr has been at the FCC since 2012 and has served as a Commissioner since 2017, one would assume that he already has in mind people to fill these positions – and thus his team should be able to hit the ground running. What policies should broadcasters and those in the broader media world be looking for from a Carr administration at the FCC?
Immediately after the election, we wrote this article about several of the specific FCC issues where we anticipated that a Republican administration would move forward with policies different than those that have been pursued by the current administration. Since his nomination, we have seen nothing that would suggest that the issues that we highlighted earlier in the month will not be on the Carr agenda. In our last article, we noted that the FCC could be expected to take a different tact on the reinstatement of FCC Form 395-B, the EEO form that would require broadcasters to break down their employees by employment position and report on the gender, race, and ethnicity of the employees in each employment category. In one of his first tweets on X after his nomination was announced, Carr said that the FCC would no longer be prioritizing “DEI” (Diversity, Equity, and Inclusion) efforts – seemingly confirming, among other things, that a reversal of the action on the Form 395-B could be in the works (which could easily be done, as there are pending Petitions for Reconsideration of the reinstatement along with pending appeals in the courts).Continue Reading Brendan Carr to Become Next FCC Chair – What is Next for Regulation Affecting Broadcasters?
Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations.
With the election over, broadcasters and their Washington representatives are now trying to decipher what the next administration will have in store at the FCC and other government agencies that regulate the media. Already, the DC press is speculating about who will assume what positions in the government agencies that make these decisions. While those speculations will go on for weeks, we thought that we would look at some of the issues pending before the FCC affecting broadcasters that could be affected by a change in administration.
There are two issues presently before the courts where the current Republican Commissioners dissented from the decisions which led to the current appeals. The FCC’s December 2023 ownership decision (see our summary here) is being appealed by both radio and television interests, arguing that the FCC did not properly relax the existing ownership rules in light of competition from digital media, as required by Congress when it established the requirement for Quadrennial Reviews to review the impact of competition and assess whether existing radio and TV ownership rules remain “necessary” in the public interest. While briefs have already been filed in that case, it will be interesting to see how the new administration deals with the issues raised, as both sitting Republican Commissioners dissented, saying that the FCC should have considered digital competition in substantially relaxing those rules (see Carr dissent here and Simington Dissent here). Even if the change in administration does not change the Commission’s position in court, the 2022 Quadrennial Review has already been started (see our article here), so a new administration already has an open proceeding to revisit those rules.Continue Reading How FCC Regulation of Broadcasters May Change in a New Administration – Looking at the Pending Issues
Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations.
