- The FCC’s Enforcement Bureau released a Notice of Apparent Liability proposing a $25,000 fine on two commonly-owned clusters of broadcast
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This Week in Regulation for Broadcasters: January 30, 2023 to February 5, 2023
- The American Music Fairness Act, proposing to enact a sound recording performance royalty for over-the-air broadcasters, was introduced in
January Regulatory Dates for Broadcasters – Quarterly Issues Programs Lists, Children’s Programming Reports, Rulemaking Comments, Copyright Fees for Webcasters, and More
The new year brings a series of regulatory deadlines in January and a February 1 license renewal deadline that broadcasters should take note of. As in 2022, the FCC will remain vigilant in making sure that its deadlines are met, so the following items should not be overlooked or left until the last minute.
The…
This Week in Regulation for Broadcasters: December 10 to December 16, 2022
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.
- By a Public Notice issued on December 15, the FCC’s Public Safety and Homeland Security Bureau told broadcasters to submit
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FCC Warns Broadcasters of Specific Cybersecurity Flaw in One EAS Provider’s Equipment – Why Broadcasters Need to Pay Attention
In our summary of this week’s regulatory actions of importance to broadcasters, we noted that the FCC sent an email to broadcasters last week warning them of a cybersecurity flaw in the DASDEC EAS encoder/decoder device sold by Digital Alert Systems (formerly Monroe Electronics), using software prior to version 4.1. The email states that the Cybersecurity and Infrastructure Security Agency (CISA) issued an advisory expressing concern that there is a vulnerability in the code used by the system that can be used by remote attackers. The CISA advisory provides the technical details of the vulnerability.
The fear is that this security flaw can allow bad actors to access not only to the EAS system but, if that system is connected to other station computer networks, to other station information and systems as well. Securing the EAS system has been a priority of the FCC, with a pending rulemaking proposal (about which we wrote here) that would require stations to adopt cybersecurity plans to secure these systems and report yearly to the FCC about those plans (and report breaches when the station learns of such breaches or when they should have learned about the breach). The FCC already requires that false EAS alerts be reported to the FCC within 24 hours (see our article here) – but the new proposal would require FCC notice even if no false alert occurred. With the FCC contemplating the imposition of these obligations on broadcasters, and (of paramount priority) the risks that station operations can be compromised by any cyberbreach, stations need to be extra-vigilant in their cybersecurity considerations. Thus, any stations that use the identified encoder/decoder must be sure that they have taken the proper actions to secure their stations.
Continue Reading FCC Warns Broadcasters of Specific Cybersecurity Flaw in One EAS Provider’s Equipment – Why Broadcasters Need to Pay Attention
This Week in Regulation for Broadcasters: December 3 to December 9, 2022
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.
- The FCC has sent an e-mail, apparently to all broadcasters, regarding the cybersecurity of broadcast stations that use the DASDEC
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FCC Looks at EAS Rules – Requires That Broadcast Alerts Default to CAP, and Seeks Comments on Securing the System
At each of the last two of the FCC’s recent regular monthly open meetings, the Commission addressed EAS issues that affect broadcasters. In one case, it adopted new rules that will, among other things, require that broadcasters use on-air the “IPAWS” internet-delivered emergency message in the CAP format, if the broadcaster receives the alert in both the CAP and traditional over-the-air formats. The second action starts a rulemaking to look at imposing on broadcasters an obligation to secure their EAS systems from hacking and other electronic intrusions – and to regularly report to the FCC about what they are doing in connection with such security measures. Let’s look in a little more depth at these actions (which we have previously briefly summarized in our weekly updates, here and here).
At its September 29 open meeting, the FCC adopted a Report and Order with the announced intention of making emergency alerts delivered over television and radio stations more informative and easier to understand by the public, particularly people with disabilities. The updated rules require broadcasters, cable systems, and other Emergency Alert System participants to transmit the Internet-based version of alerts when available (those transmitted through the internet based Integrated Public Alert and Warning System, “IPAWS,” using the Common Alerting Protocol or “CAP” protocol) rather than transmitting the legacy over-the-air “daisy chain” version of alerts which often contain less information or have lower quality than that of CAP-delivered alerts. As noted by the FCC, the CAP format allows for more information, including video clips (for TV), augmented warning information, and even foreign-language versions of alerts to be transmitted – information not available from alerts that are transmitted over-the-air.
Continue Reading FCC Looks at EAS Rules – Requires That Broadcast Alerts Default to CAP, and Seeks Comments on Securing the System
This Week in Regulation for Broadcasters: October 22, 2022 to October 28, 2022
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.
- On October 26, NAB and Xperi Inc. jointly filed a Petition for Rulemaking asking the FCC to amend its rules
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This Week in Regulation for Broadcasters: September 3, 2022 to September 9, 2022
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.
- The FCC announced that regulatory fees must be submitted by 11:59 PM Eastern Time on September 28. In addition, the
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FCC and FEMA Warn Broadcasters and MVPDs that EAS Systems Have Security Vulnerability
Last week, both the FCC and FEMA issued notices to broadcasters, cable and other EAS participants that there was a vulnerability in the EAS technologies that could make those systems subject to hacking, potentially allowing bad actors to send out messages to the public using the alerting system (see FCC notice here and FEMA notice…
