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David Oxenford

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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.

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Last week, the FCC released a Public Notice requesting comments to refresh the record compiled in 2018 in a proceeding that proposed to review the TV national ownership cap.  That cap limits any company from having attributable interests in full-power TV stations that reach more than 39% of the nationwide TV audience.  That 2018 proceeding was begun (with a late December 2017 Notice of Proposed Rulemaking)  to assess whether the FCC should raise the cap, and also to explore whether it has the power to do so (see our article here).  This week’s Public Notice, released by the FCC’s Media Bureau, not only seeks information about the questions raised in 2018, but it also poses a number of new issues reflecting the concerns of the current Commission. 

The Public Notice is not seeking comment on the local broadcast ownership rules that govern how many TV (and radio) stations one owner can have in any market.  Those issues are separately considered in the FCC’s Congressionally-mandated Quadrennial Reviews, where every four years the FCC must justify that the local ownership rules remain necessary in the public interest as a result of competition.  The Commission should be considering the local rules this year, as it is in the fourth and final year of the Quadrennial Review cycle for 2022, and also possibly because of the results of the pending appeal of the 2018 Quadrennial Review (see our article here) – a decision in that appeal could be released at any time.  The 39% national TV ownership cap was adopted by Congress and is not specifically subject to the Quadrennial review – hence the questions that were raised in the 2018 proceeding about the FCC’s authority to review these rules.Continue Reading FCC Asks for Public Comment on Proposal to Update the 39% National Ownership Cap for Television

The lazy days of summer provide little respite from the regulatory actions of importance to broadcasters.  July brings quarterly requirements, including most importantly, the obligation to upload Quarterly Issues/Programs Lists to a station’s online public file.  There are comment deadlines in July in three FCC proceedings: on regulatory fees, on a proposal for LPTV stations…

  • The Senate voted 53-45 to confirm Olivia Trusty as an FCC Commissioner on a largely party-line vote.  As a result
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Just about a year ago, the FCC issued an Order which, as we wrote here, contained some good news and some bad news for broadcasters.  The good news was that the FCC came up with a relatively short form (far shorter than the multi-page form originally proposed) that broadcasters could use to assess whether a buyer of program time on the station was a foreign government or an agent a foreign government.  This assessment of buyers of program time was required by FCC rules that became effective in 2022.  In 2022, no form was provided, so broadcasters had to come up with their own certifications to get assurances that program time buyers were not foreign governments or their agents (and if they were, public file and other enhanced on-air disclosures were required).  Last week, the FCC announced the effective date of a new form which, if signed by the broadcaster and the ad buyer, provides broadcasters with a safe harbor for assurances that the buyer is not a foreign agent (the forms are at Appendix C and D on pages 47 and 48 of the 2024 FCC Order).[1] 

The bad news in the order from last year was that the FCC extended the requirement that this assessment be made from buyers of program time, to also include buyers of paid PSAs and other spots that are not for a commercial product or service (including political issue ads – but excepting candidate ads on the theory that those ads had already been vetted for foreign influence by the qualification of the candidate to run for office).  While these rules were adopted a year ago, they have been on hold, until now, while a standard Paperwork Reduction Act review was completed (as required for all rules imposing new paperwork obligations on those subject to the rules). Continue Reading FCC Announces Effective Date of Modifications to Rules Governing the Purchase of Broadcast Airtime By Agents of Foreign Governments

  • The FCC’s Media Bureau announced that June 10 is the effective date for the FCC’s modified broadcast foreign sponsorship identification
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It was just a few weeks ago when we posted our article talking about how June would bring a Republican majority to the FCC, speculating as to what deregulatory issues would be on the Chairman’s agenda.  Last Wednesday morning, I was on a video call with a broadcaster’s association’s Board of Director, passing along the same message.  Only minutes after I left that call, the news came Republican Commissioner Simington had announced his departure from the FCC effective last Friday.  Shortly thereafter, Commissioner Starks, the Democrat whose planned departure was to have given the Republicans a majority on the FCC, announced that last Friday would also be his departure date.  Suddenly, the FCC had only two Commissioners – one Democrat and one Republican – not even enough for the quorum necessary to do business in the normal course.  So thoughts of quick action on changes to the FCC’s ownership rules or on the many deregulatory Delete, Delete, Delete proposals that have been made seem to be on hold for the moment.  What is likely to happen?

First, it must be remembered that already pending is the nomination of Republican Olivia Trusty to the Commission seat that was vacated when Jessica Rosenworcel left her role as Chair of the FCC upon the change in administration.  Trusty has had a confirmation hearing and was approved by the appropriate Senate committee. All that stands between her and a seat on the FCC is approval by the full Senate – which would then provide the FCC with a quorum and a Republican majority.  But, watch as there could be delays in that confirmation process. Continue Reading FCC Loses Two Commissioners and a Quorum – What Does It Mean for Broadcasting?

  • FCC Commissioners Simington and Starks both announced that they were leaving the FCC as of June 6.  Starks stated at
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Though school may be letting out for many, the FCC does not take a summer recess.  Instead, regulation continues.  Perhaps most importantly, Chairman Carr will have a Republican majority on the FCC for the first time since the change in administration, as Democratic Commissioner Starks has said that he is leaving the Commission before its June meeting.  See our article from earlier in the week for our views on some of the issues that may be prioritized once the Chairman’s majority is in place.  In addition, there are some routine deadlines – including EEO filing deadlines for broadcasters in several states across the country and deadlines for comments or reply comments in a number of rulemaking proceedings.  And there are political windows that open in June, principally for elections that will occur in August.

June 2 is the deadline for radio and television station employment units in Arizona, the District of Columbia, Idaho, Maryland, Michigan, Nevada, New Mexico, Ohio, Utah, Virginia, West Virginia, and Wyoming with five or more full-time employees to upload their Annual EEO Public File Report to their stations’ Online Public Inspection Files.  A station employment unit is a station or cluster of commonly controlled stations serving the same general geographic area having at least one common employee.  For employment units with five or more full-time employees, the annual report covers hiring and employment outreach activities for the prior year.  A link to the uploaded report must also be included on the home page of each station’s website, if the station has a website.  Be timely getting these reports into your station’s OPIF, as even a single late report can lead to FCC fines (see our article here about a recent $26,000 fine for a single late EEO report).Continue Reading June 2025 Regulatory Dates for Broadcasters – Annual EEO Public File Reports, Comment Deadlines, and More

  • The U.S. Court of Appeals for the Fifth Circuit rejected the FCC’s 2024 attempt to reinstate Form 395-B which, had
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