In perhaps the most severe set of penalties that we have seen for public inspection file violations, the FCC released two sets of fines to stations that had self-reported, in their license renewal applications, that they did not have Quarterly Issues Programs lists in their public file for the entire 8 year license term. As we
Contests and Lotteries – A Presentation on the Legal Issues for Broadcasters
FCC fines for violations of the FCC rules dealing with contests have been common in the last few years. Because of these fines, we recently conducted a webinar for the Kansas Association of Broadcasters, discussing the requirements of FCC rule Section 73.1216 which regulates the conduct of station-sponsored contests. We also discussed what should be addressed
FCC Asks for Comments on Whether OTARD Rules Should Limit Local Zoning Authority Restrictions on TV Antennas and Other Reception Devices in Common Areas
The over-the-air reception of television stations has taken on heightened awareness in recent years. In the regulatory world, this prominence comes from the FCC’s consideration of taking back some of the broadcast spectrum for use by wireless broadband based at least partially on the Commission’s belief that broadcasters are not using that spectrum efficiently as many viewers,over the last
Two New FCC Commissioners Approved by the Senate – What Does It Mean for Broadcasters?
The Senate on Monday approved, after months of delay, the nominations as new FCC Commissioners of Democrat Jessica Rosenworcel and Republican Ajit Pai. Once they are sworn in and assume their new jobs in the next few days, this will bring the FCC up to full strength with 5 seated Commissioners for the first time in a year. Rosenworcel comes from having worked for the Senate Commerce Committee, which oversees FCC regulation. She previously worked as a legal assistant to former Commissioner Copps at the FCC. Pai has also worked on the Hill and at the FCC, so both have experience with issues before the Commission.
So what do these nominations mean for broadcasters? Probably, not much in the immediate term. With the two new Commissioners being added to the FCC, the balance of power remains in favor of the Democrats. But, as we have seen over the years, most Commission decisions aren’t decided on a partisan basis – in fact most are unanimous. In the recent past, there are a few decisions where the Commission has been somewhat divided, with Republican Robert McDowell tending to take a somewhat more deregulatory position, as in connection with the recent ruling on online public inspection files for TV stations. But party affiliation is not necessarily a guide to a Commissioner’s positions, as many of the proposals for broadcast re-regulation first arose during the Republican administration of FCC Chairman Kevin Martin (see, for instance, the proposals for localism regulation and the original proposal for an online public file adopted in 2007). Continue Reading Two New FCC Commissioners Approved by the Senate – What Does It Mean for Broadcasters?
Legal Issues for Broadcasters in the Digital World – A Presentation at the NAB Convention
At this year’s NAB Convention, digital issues were much talked about. In fact, the NAB held, for the first time, a day and a half session focusing on radio stations and their digital efforts, called the Digital Strategies Exchange. I was on a panel called the Consultant’s Corner, and discussed legal issues that
FCC Proposes Regulatory Fees for 2012
The FCC just released its Notice of Proposed Rulemaking to establish the regulatory fees to be paid by each of the entities that it regulates. Each year, before the FCC collects its annual regulatory fees from broadcasters and other entities subject to its oversight, it asks for comments on the amount of those fees. This year, as has been the case in most of the past few years, there are few changes proposed in this Notice, thought the Commission does promise to issue additional rulemakings later this year, looking to readjust fees to take into account changes in the communications industry since these fees were first imposed almost 20 years ago. Look, for instance, for a change to be proposed in the relative fees for UHF and VHF stations, which still reflect the analog world where VHF stations were more valuable.
But any fundamental changes in the fees won’t be effective until 2013. Essentially, the NPRM proposes just minor changes in fees so that the FCC can collect its 2012 fees in September. The NPRM basically makes very small adjustments in the fees for broadcast stations, which are based on population coverage, to include numbers based on 2010 census data. The fees proposed for broadcasters are set out below. Comments on these proposals are due on May 31, with replies on June 7. The exact dates on which these fees will be collected will be announced after the conclusion of this rulemaking proceeding.Continue Reading FCC Proposes Regulatory Fees for 2012
FCC Votes to Require Online Public File for TV Stations – Rejects Compromise for Political File
At its meeting today, the FCC voted to require that television stations maintain most of their public inspection files online, in a database to be created by the FCC (see the FCC’s Public Notice here). While the details about this obligation have not yet been released, from the comments at the FCC meeting, much is already evident. All TV stations will have to post their files to an online server to be maintained by the FCC. Proposals for new obligations to post information about sponsorship identification and shared services agreements have been dropped, at least for now. Most documents not already online at the FCC will need to be uploaded within 6 months of the rule becoming effective. And, in the most controversial action, broadcaster’s political files will need to be posted to the new online database, though in a process that is to be phased in over time.
The political file obligation will apply at first only to affiliates of the Top 4 TV networks in the Top 50 markets. And only new information for the political file will need to be posted. Information in the file before the effective date of the order apparently will not need to be posted online, at least not initially. The requirement for posting the political file online will be reviewed in a proceeding to begin one year after the effective date of the new rules. As stations outside the Top 50 markets, and other stations in those large markets, will not need to comply with the political file obligations until July 2014, the FCC will be able to reexamine the impact of the disclosure obligations before the compliance obligation for the political file expands to all stations. Continue Reading FCC Votes to Require Online Public File for TV Stations – Rejects Compromise for Political File
FCC Proposes to Liberalize Rules Against Noncommercial Stations Fundraising For Third-Party Non-Profit Groups
The FCC has adopted a Notice of Proposed Rulemaking suggesting, with significant limitations, a liberalization of its rules that prohibit noncommercial broadcasters from raising funds for an entity other than the station itself if the fundraising suspends or alters normal programming of the station. As we’ve written before, the FCC prohibits noncommercial broadcasters from raising funds for charities and other non-profit organizations through telethons or other special programming. The prohibition has been in place for some time, and was reaffirmed by the FCC’s orders in the early 1980s which established the basic rules that still today govern most noncommercial fundraising and sales activities.
The prohibition on third-party fundraising reflected the Commission’s concern that educational stations are "licensed to provide a noncommercial broadcast service, not to serve as a fund-raising operation for other entities by broadcasting material that is akin to regular advertising." Doing too much fundraising for these third parties, in the Commission’s view when the rule was adopted, would distract stations from their principal mission of service to the public. While the Communications Act was changed in the early 1980s to allow noncommercial broadcasters to accept paid promotional spots for nonprofit groups, the FCC did not change the rule on third-party fundraising that disrupts normal programming. In the NPRM just adopted, the Commission recites that they still believe the justification for the rule to be true, even though noncommercial stations can now run what is essentially paid advertising for nonprofit organizations, as long as those spots are incorporated into the normal programming of the stations. What the Commission now proposes is a limited degree of liberalization of the third-party fundraising prohibition, subject to many conditions set forth below.Continue Reading FCC Proposes to Liberalize Rules Against Noncommercial Stations Fundraising For Third-Party Non-Profit Groups
Extension of Time for Comments on Whether an Internet Delivered Video Service Is an MVPD Under the Communications Act
As we wrote last month, the Commission has asked for public comment on whether an Internet delivered video programming service can qualify under the FCC rules and the Communications Act to be treated as a multichannel video programming distributor (an "MVPD"). While the FCC has in the past determined that an MVPD needs to have
Is $10,000 the New Normal for FCC Fines for Public File Violations for Missing Quarterly Issues Programs Lists?
In three proposed fines issued in the last few weeks, the FCC proposed $10,000 fines for the failure of stations to have all of their required Quarterly Issues Programs Lists in their public files. In one case, the deficiency was discovered by an FCC inspector, filing random reports missing from 2007-2009. In two others (here