This week, the approval of the Office of Management and Budget of FCC rules imposing new paperwork burdens relating to simulcasting of a TV station’s primary signal on a host station when it converts to the new ATSC 3.0 next generation TV transmission system was announced in the Federal Register. The primary rules for
What Does an FCC Designation for Hearing Mean?
In light of yesterday’s announcement that the FCC Chairman has proposed that portions of the acquisition by Sinclair Broadcast Group of the television stations owned by Tribune Media would be designated for hearing, one question that many have asked is, “What does designation for hearing mean?” Several decades ago, the process of designating an application for hearing was a common occurrence – used by the FCC to decide between competing applicants for new broadcast (and in some cases non-broadcast) licenses, in connection with determinations of whether or not to grant the license renewal of broadcast stations where substantive petitions or competing applications were filed against such applications, or to deal with enforcement issues when there were questions about the facts of a particular situation. The FCC had a large staff of Administrative Law Judges who heard these cases, and they were usually quite busy. But as the staff of ALJs at the FCC has dwindled to one, and as cases referred to that Judge are increasingly infrequent, it might be worth discussing a bit about the hearing process at the FCC.
Congress established, in Sections 309 and 310(d) of the Communications Act, the manner in which the FCC is to process applications filed with it. In cases involving applications for new stations or for the purchase and sale of stations, applications are filed providing information required by the FCC and such supplemental information as the FCC may request. Interested parties routinely have 30 days in which to file objections to applications, in which the petitioner needs to submit detailed allegations supported by facts either in the public record or otherwise supported by statements from those with personal knowledge of the facts, arguing why an application should not be granted. Applicants have the opportunity to respond. In most cases, the FCC will attempt to resolve any disputes, or any questions that it has on its own, on the basis of the written materials presented in the application, the petitions, and in response to any FCC supplemental request for information. But Section 309(e) makes clear that, if there is a “substantial and material question of fact” or if the Commission is otherwise not able to determine that an application meets the requirements of the rules, it needs to formally designate the application for hearing.
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A Big Day at the FCC – Kids TV, EAS and C Band Proposals, Incubator and LPTV/FM Repacking Reimbursement Drafts, FM Translator Reconsideration, and NJ TV License Renewal Decision
There was lots of news out of the FCC yesterday that will give us issues to write about for weeks to come. Here are some highlights. At its open meeting, the FCC adopted a Notice of Proposed Rulemaking on potentially reforming the children’s television rules – including a review as to whether the current requirement that regularly scheduled programs of 30 minutes in length are the only means to meet the obligation to broadcast 3 hours of educational and informational children’s programming each week for each stream of free over-the-air programming broadcast by a station without facing heightened FCC scrutiny. The rulemaking will also look at whether all kid’s programming obligations could be met by broadcasts on a single multicast stream or through other efforts. The FCC Press Release on the action is here, and and the text of the notice is here.
On EAS, the FCC took actions to strengthen the reliability of the EAS system by allowing real EAS tones to be used in PSAs to promote the system, subject to certain safeguards, and to allow for testing of the EAS system using “live codes” with appropriate warnings and disclaimers. The order also requires the reporting of false emergency messages that may be sent out. The FCC Press Release on that item is here, and we will post a link to the full text when it is available.
Continue Reading A Big Day at the FCC – Kids TV, EAS and C Band Proposals, Incubator and LPTV/FM Repacking Reimbursement Drafts, FM Translator Reconsideration, and NJ TV License Renewal Decision
Comments Due August 13 on Inquiry on Class C4 FM Stations and FM Short-Spaced Stations
Comment dates have now been set on the FCC’s Notice of Inquiry seeking comments on the creation of a new Class of FM stations – C4 (proposed to operate at maximum power of 12 kw, midway between 6 kw Class A stations and 25 kw Class C3 stations) – and on proposals to change the
FCC Application Fees Going Up
The FCC yesterday released an Order announcing its adjustments to its application fees for commercial broadcasters and other FCC licensees. The fee schedule reflects a 3.7% cost of living increase in the processing fees that are paid when broadcasters file an application with the FCC. Fees for broadcast applications can be found starting at page
FCC Requires Updating By Broadcasters of EAS Test Reporting System (ETRS) Form One By August 27
The FCC recently released a Public Notice reminding all EAS participants that they need to file ETRS Form One by August 27, 2018. This form needs to be filed by all radio and TV stations, including LPFM and LPTV stations (unless those LPTV stations simply act as a translator for another station). While the
Reminder – Quarterly Issues Programs Lists Must Be Placed In Public File Today
Last week, in our calendar of regulatory dates for broadcasters in July, we reminded broadcasters that their Quarterly Issues Programs lists needed to be placed in their public file by today, July 10. This quarterly requirement has been in place for over 30 years, but is still an obligation whose breach has led to
FCC Lifts Freeze on LPTV and TV Translator Minor Change Applications
Last week, the FCC issued a Public Notice announcing that it was lifting the freeze on minor changes for LPTV and TV translator stations – a freeze that had been in place while the displacement window for stations displaced by the TV incentive auction was taking place (see our articles here and here on that
July Regulatory Dates for Broadcasters – Quarterly Issues Programs Lists and Children’s Television Reports, EAS Reform, LPFM and FM Translators, C Band Earth Stations and More
July brings the obligation for each full-power broadcaster to add a new Quarterly Issues Programs List to their online public inspection file. These reports, summarizing the issues facing each station’s community of license in the prior three months and the programs broadcast by the station to address those issues, must be added to the public file by July 10. As we wrote here, these reports are very important – as they are the only documents legally required by the FCC to show how a station served the public interest. With the online file, these reports can be reviewed by anyone with an Internet connection at any time, which could be particularly concerning for any station that does not meet the filing deadline, especially with license renewals beginning again next year.
Also to be filed with the FCC by July 10, by full-power and Class A TV stations, are Quarterly Children’s Television Reports. While the FCC announced last week that it will be considering a rulemaking proposal at its July meeting to potentially change the rules (see its proposed Notice of Proposed Rulemaking here), for now the requirements remain in place obligating each station to broadcast 3 weekly hours of programming designed to meet the educational and informational needs of children for each free program stream transmitted by the station. Also, certifications need to be included in each station’s online public file demonstrating that the station has complied with the rules limiting the amount of commercialization during children’s television programs.
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69 Radio Stations Receive FCC EEO Audit Letter
The FCC this week announced its next EEO audit – one limited to only 69 radio stations. No television stations or cable systems were included in the audit notice. The Notice is available here, and list of stations involved is here. Responses to the audit are due August 6. Unlike the last audit (about which we wrote here), the responses will be sent to the FCC’s EEO division, not posted solely on the station’s online public file. Stations, of course, still have the obligation to post their response on the online public file, but they also have to submit the audit to the FCC.
If any station in your cluster is on the list of audited stations, all stations in that “station employment unit” (a group of commonly owned stations serving the same area with at least one common employee) must respond. If that cluster has 5 or more full-time employees, it must observe the FCC’s EEO requirements and respond to this audit, providing significant information about its hiring in the last two years. Stations with fewer than 5 employees need provide only limited information about the positions of its employees and whether the station has been subject to any federal or state EEO complaints or legal actions. If a station that is being audited is involved in an LMA or time brokerage agreement with another broadcaster, the audit may require that the broker provide employment information as well as the licensee. There are some exceptions where stations can be excused from the audit if they were recently renewed or audited.
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