Earlier this week, we wrote about a number of proceedings affecting FM translators, including the Petition for Reconsideration (available here) of the FCC decision relaxing the rules governing the locations at which AM stations using FM translators to rebroadcast their signal can locate those translators (see our summary here). Notice of that
Reminder – FCC Political Rules Apply to Off-Year Elections for Vacant Congressional Seats, and for State and Local Offices
In odd years like 2017, most broadcasting stations don’t think about the FCC’s political broadcasting rules. But they should – both for special elections to fill open seats in Congress, and for state and local political offices. Recently, I have received a number of calls about elections to fill seats in Congress that were vacated by Congressmen appointed to positions in the Trump administration. For instance, the race in Georgia to fill HHS Secretary Tom Price’s seat has received much national attention. But there is also a race being fought now to fill Interior Secretary Ryan Zinke’s seat in Montana. Obviously, for Federal elections like these, broadcast stations serving these districts need to offer candidates the full panoply of candidate rights – including reasonable access, lowest unit rates, and equal opportunities. But in other parts of the country where there are no special Congressional elections, there are all sorts of political races taking place in this off year and, as we have written before, most of the political rules apply to these state and local electoral races as well as to the few Federal elections that are taking place to fill open Congressional seats.
Some of these races will be high-profile, like the governor’s elections in Virginia and New Jersey and several big-city mayoral races. Some races may be much more locally focused on elections to school boards or town councils. Stations need to be prepared. Candidates for state and local elections are entitled to virtually all of the political broadcasting rights of Federal candidates – with one exception, the right of reasonable access which is reserved solely for Federal candidates. That means that only Federal candidates have the right to demand access to all classes and dayparts of advertising time that a broadcast station has to sell. As we wrote in our summary of reasonable access, here, that does not mean that Federal candidates can demand as much time as they want, only that stations must sell them a reasonable amount of advertising during the various classes of advertising time sold on the station. For state and local candidates, on the other hand, stations don’t need to sell the candidates any advertising time at all. But, if they do, the other political rules apply.
Continue Reading Reminder – FCC Political Rules Apply to Off-Year Elections for Vacant Congressional Seats, and for State and Local Offices
FM Translators Still Contentious – New Filing Window, Suggestions for Resolving Interference Complaints and a Request for Reconsideration of Relaxation of Rules on the Location of FM Translators for AM Stations
For well over a decade, since the FM translator filing window of 2003, translators have been a controversial subject. While they have become more important to the broadcast ecosystem – especially as they now rebroadcast AM stations and HD-2 channels of FM stations – their use continues to be controversial, both because of the interference to other stations that is sometimes caused by new translators, and because of their perceived conflicts with LPFM applicants. With the recent announcement from FCC Chairman Pai that the first window for applications for new translators to serve AM stations that did not benefit from last year’s 250-mile waiver window will be accepted this summer, translators will only become more important to broadcasters (see the Chairman’s comments in his NAB speech, the text of which is here). Several recent actions indicate that policy issues dealing with translators will continue to be debated for at least the foreseeable future.
Two recent filings attempt to address the issue of interference between new or relocated translators and full-power stations. Issues arise from time to time, including some high-profile disputes in major markets, where new translators create, or are alleged to create, interference to full-power stations. Under the current FCC rules, any time a new or relocated translator creates interference to any regularly used FM signal, even outside of the usually protected contour of the full-power station, the translator is required to cease operations unless the interference can be remedied. In such situations, the translator licensee acknowledges the interference and changes facilities or channels to remedy it. But there are other cases where the reported interference objections have been challenged by the translator operator, as the alleged interference will occur far from the station claiming the interference, in areas where the translator operator suggests that no reliable FM signal from the protected station could really be received.
Continue Reading FM Translators Still Contentious – New Filing Window, Suggestions for Resolving Interference Complaints and a Request for Reconsideration of Relaxation of Rules on the Location of FM Translators for AM Stations
May Regulatory Dates for Broadcasters – Incentive Auction, ATSC 3.0 and Broadcast Deregulation
May is one of the few months without the normal list of quarterly filings and EEO public file reports. But, just because there are none of these regular filings due, that does not mean that the month will be a quiet one for broadcasters on the regulatory front. In fact, far from it. There are obligations for television broadcasters in connection with the incentive auction and the subsequent repacking of the TV spectrum, an FCC meeting that will start two proceedings that could dramatically reduce the regulatory burdens of broadcasters, and comments due on the FCC’s proposal for the next generation of television broadcasting.
In connection with the incentive auction, on May 11, stations that are relinquishing their channels in exchange for compensation from the FCC must file an FCC Form 1875 detailing where payments for that relinquishment will go. After that information is received and processed, the FCC will send an email to the payee asking for bank account information that must be entered into the “CORES Incentive Auction Financial Module.” Stations looking for their auction payouts need to observe these details so the FCC knows where to send their money.
Continue Reading May Regulatory Dates for Broadcasters – Incentive Auction, ATSC 3.0 and Broadcast Deregulation
Making Good on Deregulation – FCC Proposes to Eliminate Main Studio Rules and Review All Other Broadcast Regulatory Requirements
In his speech at the NAB Convention (available here), Chairman Pai promised to pursue a broadcast regulatory regime that made sense in today’s competitive media environment. He promised to move quickly to eliminate a number of the unnecessary broadcast rules, and specifically to repeal the main studio rule (see our articles here and here about the current requirements for the operation and staffing of the main studio). Yesterday, the FCC took its first steps to quickly fulfill those promises, releasing two draft orders to be considered at its May 18 meeting, one to repeal the main studio rule and the second announcing the opening of a proceeding to review all of the other rules that govern broadcasters except the ownership rules that are already under consideration in other proceedings (see our posts here and here about some of the ownership rules already under review).
The draft Notice of Proposed Rulemaking seeking to eliminate the main studio rules asks a number of questions seeking support for the FCC’s tentative conclusion that the elimination of the main studio rule is in the public interest. The NPRM asks questions and seeks information including:
- how much money the elimination of the main studio rule would save stations,
- the public interest benefits that would result from any monetary savings (e.g. better programming),
- information about how often the main studio is currently visited by community members and why they visit,
- information about how community members communicate with broadcasters with complaints or suggestions about broadcast operations,
- whether stations can still serve the issues faced by their communities without having a physical presence,
- whether abolition of the main studio rules in any way abrogates the station’s obligation to serve its local community that would undermine the FCC’s obligations under Section 307(b) of the Communications Act to allocate stations to communities that need service,
- how the elimination of the rule would work in connection with the requirement that radio stations move their public file online (e.g. should an online public file be a precondition of abolishing the studio or can the paper file be maintained somewhere else if the studio rule is abolished before next March when the online public file is mandatory for all stations),
- whether to continue to require that stations have a local phone number accessible to residents of their community of license, and
- specific inquiries as to how Class A TV stations would meet their obligations to air local programs if they have no main studio.
Assuming the FCC adopts the Notice of Proposed Rulemaking at the May 18 meeting, public comments on the proposal and the questions asked by the FCC will be 30 days after the NPRM is published in the Federal Register. That would likely put comments in late June or early July, with reply comments 15 days later.
Continue Reading Making Good on Deregulation – FCC Proposes to Eliminate Main Studio Rules and Review All Other Broadcast Regulatory Requirements
Update: Bill to Make Register of Copyrights a Presidential Appointee Approved by House of Representatives
We wrote here about the Congressional proposal to make the Register of Copyrights a Presidential appointee subject to Congressional approval, rather than a selection of the Librarian of Congress. That bill, HR-1695 (an updated version of which is available here), despite some expressed concerns from certain advocacy groups about the potentially making that position
FCC Finds Online Sources Satisfy EEO Requirements for Wide Dissemination of Job Openings by Broadcasters and MVPDs
The FCC on Friday released a declaratory ruling making it significantly easier for broadcasters and MVPDs to meet their EEO obligations imposed by FCC rules. These rules for broadcasters and MVPDs (cable and satellite TV providers) requires that these businesses, when filling job openings, widely disseminate information about the openings in a manner that is expected to reach members of all community groups in the area from which employees are likely to be found. In the past, under the rules adopted in 2002, the Commission has not allowed recruitment to be conducted solely through online sources. Instead, the 2002 order suggested that the daily newspaper would, in many communities, be an outlet that would reach the diverse groups within a community – though most broadcasters supplemented newspaper publication with notifications to numerous schools, community organizations, educational institutions and others who might possibly refer employee candidates. Stations that relied solely on online sources faced substantial fines from the FCC (see the cases we summarized here and here).
The decision on Friday recognized that we are in a different world than when these rules were adopted almost 15 years ago. Now, most recruiting is done online. Thus, in response to a petition I filed on behalf of clients (summarized here), the FCC determined that a broadcaster or MVPD can rely solely on online sources in its recruiting. It no longer needs to use the newspaper, reach out to community groups community groups or even use its own airwaves to give notice of job openings to satisfy the wide dissemination obligation. The FCC encouraged stations to continue to use some of these outreach methods, but it is no longer required. The broadcaster or MVPD needs to be reasonable in picking online sources that are likely to reach the members of various groups within its community – though the decision as to exactly which online employment sources to use will be left to the good-faith discretion of the broadcaster or MVPD. The Commission went so far as to say that, depending on the circumstances, a single online source could reasonably be found to be sufficient.
Continue Reading FCC Finds Online Sources Satisfy EEO Requirements for Wide Dissemination of Job Openings by Broadcasters and MVPDs
FCC Appoints Regional Coordinators for TV Post-Auction Repacking Process
With the FCC last week announcing the results of the reverse auction portion of the incentive auction and setting the timetable for the repacking of the TV spectrum, the next question on everyone’s mind will be how successful the television industry will be in adhering to the schedule established by the FCC for clearing
FCC Changes in Rules on Computation of Foreign Ownership of Broadcast Stations Now Effective
Last year, the FCC made some modifications in its assessment of foreign ownership of companies with broadcast interests, relaxing some of their compliance rules to take account of the realities of the current public stock trading marketplace – realities that, using the FCC’s old policies, made determinations of the level of foreign ownership in any
FCC to Eliminate Need for Social Security Numbers from Board Members of Noncommercial Licensees for Biennial Ownership Report
Last week, we wrote about two of the three broadcast items to be considered at the FCC meeting on April 20. We wrote here about the draft order to restore the UHF discount, and here about the relaxation of the restrictions on fund-raising for third parties by noncommercial stations. The third item, also related to noncommercial licensees, is the resolution of the long-simmering dispute about whether or not to require that those individuals with attributable interests in noncommercial broadcast stations – officers and board members – to provide their Social Security Numbers or other personal information to the FCC to obtain an FCC Registration Number – an FRN. The draft order released last week indicates that the FCC will eliminate that requirement at its April 20 meeting.
The obligation to obtain an FRN was adopted so that the FCC could comprehensively track the ownership of broadcast stations, and determine the interests of individual parties across the broadcast media nationwide. This was principally done for purposes of assessing the diversity of ownership of the media – including by minorities and women. By making each attributable owner get their own FRN, interests across the broadcast media landscape could be tracked with greater precision. However, objections were raised when the FCC proposed to apply this obligation to noncommercial broadcasters, requiring that officers and board members provide their Social Security Number or other personal information to obtain an FRN. Despite these objections, the previous Commission ordered noncommercial broadcasters to provide this information, going so far as to suggest that attributable interest holders who did not provide the information necessary to obtain an FRN could be sanctioned. See our articles here and here. The current FCC under Chairman Pai rescinded the decision of the Media Bureau upholding the obligation (see our post here) – leading to the draft order to be considered at the April 20 meeting.
Continue Reading FCC to Eliminate Need for Social Security Numbers from Board Members of Noncommercial Licensees for Biennial Ownership Report