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David Oxenford represents broadcasting and digital media companies in connection with regulatory, transactional and intellectual property issues. He has represented broadcasters and webcasters before the Federal Communications Commission, the Copyright Royalty Board, courts and other government agencies for over 30 years.

On December 2, 2021, the FCC held a forum on the accessibility of video programming delivered through online platforms (a recording of the event is available on the FCC website, here).  What is perhaps most notable about this forum is that it looked at whether the FCC could extend its authority over online platforms to include accessibility obligations which, thus far, have only been implicated when a broadcaster already subject to FCC accessibility obligations repurposes its programs for Internet use (see, for instance, the FCC’s significant fine imposed in a consent decree when Pluto TV, which is owned by Viacom CBS, rebroadcast certain content that had already been broadcast on television with captions).  One of the questions identified in the Public Notice announcing the Forum is whether the FCC has the authority to expand accessibility obligations to online platforms.

The seeming importance of the session could be seen from the introductory remarks by FCC Chairwoman Jessica Rosenworcel and Senator Ed Markey.  Senator Markey was one of the proponents of the Twenty First Century Communications and Video Accessibility Act of 2010 (CVAA).  In his remarks, he discussed the importance of taking the reforms that have been adopted for television programming and extending them to the Internet, given that so much video programming and viewership is now migrating to those platforms.
Continue Reading FCC Forum on Accessibility of Online Video Programming – Looking Beyond the Regulation of Broadcasters 

Here are some of the regulatory developments of significance to broadcasters from the last week, with links to where you can go to find more information as to how these actions may affect your operations.

  • FCC Chairwoman Jessica Rosenworcel’s nomination for another five-year term at the agency was approved by the Senate Commerce Committee. The

On Tuesday, we were deluged with press inquiries about Dr. Oz’s declaration that he was going to seek the open US Senate seat in Pennsylvania – with many questions as to whether his syndicated television program would subject stations that aired it to equal time obligations.  The Doctor avoided issues for stations by immediately terminating his participation on the program, but the events of this week highlight that, with 2022 expected to be a very busy election season that will soon be upon us, many stations may be facing the question of what to do when an on-air employee decides to seek election to a public office.

We have written about this issue many times before, including coverage of when well-known local or national personalities have contemplated runs for office – see our stories herehere and here. In 2017, we wrote another article here, updating prior articles on the same subject.  While the rules have not changed in the 15 years that we have been writing about it, it seems that there are always questions, so it is worth revisiting the issues again.
Continue Reading Dr. Oz Decides to Run for the Senate – What to Do When Your On-Air Employee Decides to Run for Public Office

While Thanksgiving is in the rearview mirror and the holiday season is upon us, broadcasters cannot ignore the regulatory world until the new year, as much is going on in December.  Below are some of the several important regulatory dates and deadlines in the coming month that you may need to deal with before the celebrations begin.

By December 1, all licensees of commercial and noncommercial full power TV, Class A TV, low power TV, AM radio, and FM radio stations must submit an ownership report that details the licensee’s ownership structure as of October 1, 2021.  The FCC has warned that there will be penalties for stations that do not file these reports.  Licensees with ownership structures that include parent entities must also file a report for each of those entities.  An informational session run by FCC staff is archived, here, and answers to frequently asked questions are available, here.  See our blog post covering ownership reporting, here.
Continue Reading December Regulatory Dates for Broadcasters: Ownership Reports, License Renewal Filings, EEO Filings and Reporting, Ancillary or Supplementary Service Fees, Political Advertising Reports, and More

At this time last year, we noted Giving Tuesday and decided to depart from our usual coverage of legal and policy issues and talk about something else – broadcasters giving back.  And we decided to do it again.  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.

During the last two years when normal routines have been upended, those of us who have remained healthy and employed are truly blessed. 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. One that bears mention is the Broadcasters Foundation of America, which provides relief to broadcasters and former broadcasters who have, for one reason or another, fallen on hard times – whether that be for health reasons or because of some other disaster that has affected their lives. The Foundation deserves your consideration. More about the Foundation and its service, and ways to contribute, can be found at their website, here.
Continue Reading Broadcasters Giving Back – Thoughts for the Upcoming Giving Tuesday

Here are some of the regulatory developments of significance to broadcasters from the last week, with links to where you can go to find more information as to how these actions may affect your operations.

  • In the last two weeks, many stations have discovered that links to their FCC-hosted online public inspection file no longer

Here are some of the regulatory developments of significance to broadcasters from the last week, with links to where you can go to find more information as to how these actions may affect your operations.

  • The Senate Commerce Committee this week held a hearing on the nomination of FCC Chairwoman Jessica Rosenworcel for another five-year

Here are some of the regulatory developments of significance to broadcasters from the last week, with links to where you can go to find more information as to how these actions may affect your operations.

  • The Senate Commerce Committee announced this week that it will hold a hearing to consider FCC Chairwoman Jessica Rosenworcel for

With the Administration’s decision to renominate Jessica Rosenworcel for another term on the FCC and to select her as the permanent chair of the Commission, and the nomination of Gigi Sohn to fill the vacant seat on the FCC, and assuming both are confirmed by the Senate (though the Wall Street Journal noted that there

Here are some of the regulatory developments of significance to broadcasters from the last week, with links to where you can go to find more information as to how these actions may affect your operations.

  • In a Further Notice of Proposed Rulemaking released Friday, the FCC proposed new rules to deal with the responsibility for