Here are some of the regulatory developments of the last week of significance to broadcasters, with links to where you can go to find more information as to how these actions may affect your operations.
Last week, there was much written in the press about the MORE Act passing in the House of Representatives, taking actions to decriminalize marijuana under federal law. This would include removing marijuana from Schedule I, which is the list of drugs whose use for almost all purposes is prohibited in the United States. The passage of this bill through the House, though, should not be taken as a sign to start running marijuana advertising on your broadcast station – though there are some signs that the day on which that advertising can be run may be in sight.
First, it is important to remember that this bill passed only in the House of Representatives. Without also being approved by the Senate and being signed by the President, the House’s action had no legal effect. Because of the way that Congress works, if the bill does not pass the Senate in the current legislative session, which ends in the first few days of January 2021, the whole process must start over again – bills do not carry over from one Congressional session to another. So, to become law in the new year, a new Congress would have to start with a new bill, and a new House of Representatives and a new Senate would both have to vote to adopt the legislation.
Continue Reading MORE Act Passes House – But Don’t Rush to Run Marijuana Ads on Your Broadcast Station
One of the last questions about the repacking of the television spectrum following the television incentive auction was whether there would be a UHF television channel set aside in each television market for unlicensed wireless uses. Microsoft and other tech companies have been pushing for that set aside for years, arguing that more capacity
The Senate this week confirmed Nathan Simington for the seat on the FCC currently held by Michael O’Rielly. It is expected that Mr. Simington will be sworn in as a new Commissioner later this week, allowing Commissioner O’Rielly to serve through tomorrow’s FCC open meeting where he will likely give his farewell comments to the FCC and communications audience. Commissioner O’Rielly has generally been a friend to broadcasters, championing many causes for the industry, including changes to the Children’s Television rules and fighting pirate radio. Broadcasters will certainly miss his voice at the FCC.
Commissioner Simington comes to the FCC with a relatively low-profile background. He has been a lawyer for less than a decade, and his communications background appears to be limited to serving as an in-house lawyer for a wireless service company and working at the NTIA (the administration within the Commerce Department charged with developing communications policy for the administration and oversight over government spectrum). At NTIA, he worked to some degree on the administration’s proposals for the FCC to interpret provisions of Section 230 of the Communications Decency Act (see our posts here and here) – proposals currently under review by the Commission. His outlook as a Republican appointee seems to generally be a deregulatory one, though his specific thoughts about broadcast regulation have not been set out in any detail.
Continue Reading New FCC Commissioner Nathan Simington on the Way
Last week, the FCC announced a Consent Decree with a Florida broadcaster, with the broadcaster admitting violations of several FCC rules and agreeing to pay a $125,000 fine and enter into a consent decree to ensure future compliance. The violations addressed in the decree include (i) the failure to monitor tower lights and report that they had been out for significant periods of time, (ii) the failure to update the Antenna Structure Registration (ASR) of the tower to reflect that the broadcaster was the owner, (iii) not following the announced rules in conducting certain contests, and (iv) broadcasting seemingly live content that was in fact prerecorded, without labeling the programming as having been prerecorded. While the details of the violations are provided in only summary fashion, these violations all serve as a reminder to broadcasters to watch their compliance – and also highlight the apparent interest of the FCC in enforcing the rule on seemingly live but prerecorded content, a rule rarely if ever enforced until this year.
Looking at the contest violations first, the Consent Decree gives a general description of the contests in question in a footnote. One contest was apparently a scavenger hunt. The station had intended for the contest to run for an extended period, but a listener found the prize soon after the on-air promotion began. To prolong the on-air suspense, the station agreed with that listener to not reveal that she had won. The station continued to promote and seemingly conduct the contest on the air for some time, until finally awarding the prize to the original winner. In another contest, the station gave prizes to people who called in at designated times during the day. According to the allegations in the Consent Decree, fake call-ins were recorded by the station to be broadcast during times when there were no live DJs. As we have written before (see our articles here and here), the FCC requires that stations conduct on-air contests substantially in the manner set out in the announced rules for that contest – and the broadcasts about the contest cannot be materially misleading. The FCC concluded that these contests did not meet that standard, and also found another problem with those prerecorded call-ins to the station.
Continue Reading $125,000 FCC Penalty to Broadcaster for Tower Structure and Contest Rule Violations – Including Violation of Rule Against Broadcasting Seemingly Live Recorded Programming Without Informing Listeners
Here are some of the regulatory developments of the last week of significance to broadcasters, with links to where you can go to find more information as to how these actions may affect your operations. Also, we include a look at actions to watch in the week ahead.
Zonecasting – the proposal by GeoBroadcast Solutions to allow FM boosters to originate limited amounts of programming different than their primary station – has advanced at the FCC though the release this week of a Notice of Proposed Rulemaking formally asking if the FCC should adopt rules permitting this service and, if so, what those rules should be. We wrote about the initial proposal earlier this year when it was first received by the FCC. The proposal would allow an FM broadcaster to use an FM booster to geo-target ads and news to different parts of its service area by putting this different information (up to 5% of a station’s hourly programming) on a booster. So, for instance, a station could be running an ad for a car dealer in one part of its market on its main station and originate an ad for a different local dealer in another part of the market by originating that programming on a booster – with both ads running at the same time. This week’s NPRM asks numerous questions on many aspects of the proposal.
These questions generally center in three very general areas. First, the FCC asks about the technical issues (would the service cause interference as boosters operate within the primary station’s 1 mv/m service area and operate on the same channel as the primary station – and would this system work with HD radio operations). Second, it asks about the operational issues (questions about how much origination should be allowed, what kinds of programming could be originated, how many different boosters should be allowed for each main station, and how the service would be rolled it out). Finally, it asks about business and policy questions (including whether this is really a good thing for the industry and its economics). We will provide a little more color on each of these areas below, but first it is worth mentioning the FCC’s treatment of a comment that was filed when this proposal was first advanced – seeking to expand this proposal to cover translators as well as boosters (see our article here on that proposal).
Continue Reading FCC Starts Rulemaking on Possible Adoption of GeoBroadcast Solutions Zonecasting Proposal to Allow FM Boosters to Originate Limited Amounts of Programming
This has obviously been a most unusual year. So, on this Giving Tuesday (and it is also near my birthday, perhaps contributing to the desire to do something different), I thought that I would depart from our usual coverage of legal and policy issues and talk about something else – broadcasters giving back. Broadcasters have long been known for their service to their communities, service celebrated in a statement by soon-to-depart Chairman Pai and in a tweet from Commissioner Rosenworcel (a potential replacement for the chairman in a new administration) on commercial radio’s 100th anniversary last month. And 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 in the industry who are not as fortunate as some of the familiar success stories we hear, and to those who need assistance in obtaining education and training to enter the media industry we so appreciate.
During this year, those of us who have remained healthy and employed are truly blessed. While it may be a cliché, you don’t realize what you have until it is gone. We should all be thankful for jobs, friends and good fortune, and I urge readers who can to give back where possible. In the broadcast industry itself, there are many groups doing good work. One in particular that I think 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 and Giving Tuesday
December is a busy month for broadcasters with routine filings to complete and action on FCC proceedings that will carry over to the next administration. Keep on top of these dates and deadlines even as your calendar fills up with holiday celebrations.
We start at the beginning of the month, with December 1 being the deadline for the filing of applications for the renewal of license of radio stations in Colorado, Minnesota, Montana, North Dakota, and South Dakota, and TV stations in Alabama and Georgia. These stations should have already reviewed their public file (as we noted here, stations should pay particularly close attention to their political files) and be putting the finishing touches on their renewal application (see our article about license renewal preparation here).
Continue Reading December Regulatory Dates for Broadcasters: License Renewals, EEO Filings, DTV Ancillary/Supplementary Fees, Comment Deadlines and More
Here are some of the regulatory developments of the last week of significance to broadcasters, with links to where you can go to find more information as to how these actions may affect your operations.
