The FCC last week released a Public Notice reminding TV stations and other video programming providers, including cable and satellite television providers, of their obligation to make emergency information accessible for all viewers.  With a few tweaks, the reminder is very similar to what the FCC has issued in past years.  This year, the reminder added smoke from Canadian wildfires as a possible emergency about which stations might be distributing important safety information, joining a list that was only two years ago updated to include pandemics.  The FCC notice is to remind video providers of their obligations to make emergency information accessible to all of their audience, even those with visual or auditory disabilities. 

The FCC notice, in addition to wildfires and pandemics, provides examples of the kinds of emergencies that the rules are intended to cover – including “tornadoes, hurricanes, floods, tidal waves, earthquakes, icing conditions, heavy snows, widespread fires, discharge of toxic gases, widespread power failures, industrial explosions, civil disorders, school closings and changes in school bus schedules resulting from such conditions, and warnings and watches of impending changes in weather.”  The Commission considers the “critical details” about such emergencies to include “specific details regarding the areas that will be affected by the emergency, evacuation orders, detailed descriptions of areas to be evacuated, specific evacuation routes, approved shelters or the way to take shelter in one’s home, instructions on how to secure personal property, road closures, and how to obtain relief assistance.”

Continue Reading FCC Reminder About Conveying Emergency Information in an Accessible Manner to All TV Audience Members

Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations.

  • Around this time of year, the FCC typically issues a Public Notice reminding TV broadcasters, cable operators, satellite television services, and other distributors of video programming of their obligations to make emergency information accessible to persons with disabilities.  This year’s Public Notice was released this week, and it is essentially identical to last year’s Public Notice (which we summarized on our Broadcast Law Blog), although it updates the list of examples of potential emergency information to include Canadian wildfires.  Included in the Public Notice were reminders that video providers have an obligation to run on a secondary audio channel an audio version of any textual alert message broadcast outside of news programming (see our articles here, here, here and here for more on this obligation), and that TV broadcasters who give actionable information aurally (e.g., “take cover now if you are in Anytown”) during the course of a broadcast about an immediate emergency must also provide that information in a visual form (e.g., crawls or even on whiteboards) so that persons with hearing difficulties can see that information (see our article here for more information).  Review the Public Notice for more information about the obligations of TV stations to make accessible the emergency information that they convey. 
  • The Commission’s Media Bureau issued a Public Notice reminding broadcast licensees of the importance of filing their biennial ownership reports on FCC Form 323 or 323-E, as required by the Commission’s rules.  Licensees of commercial and non-commercial full power television, Class A television, low power television, AM radio, and FM radio stations must file biennial ownership reports with the Commission in odd-numbered years.  Reports are due to be filed this year between October 2 and December 1, containing ownership information that is current as of October 1.  The Commission takes this filing seriously, and the Bureau has urged licensees to begin preparing their reports sooner than later.  We recently published a blog article discussing what licensees need to be aware of when preparing these reports, and the amount of work involved.
  • At its regular monthly open meeting on July 20, the Commission adopted a Report and Order permitting a limited group of 14 “TV6” LPTV stations to continue providing analog FM radio service on 87.7 MHz even though they have converted to digital operations for their video programming (the full text of the Report and Order is available here).  These LPTV stations have been able to continue to serve their analog radio audience during the course of this proceeding only through temporary authority granted by the Commission, following the July 2021 LPTV digital transition.  This Order formalized the continuation of the FM6 service.  The Report and Order also refused to adopt a proposal that would have allowed new FM radio stations to be licensed on channel 6 across the United States in locations where the channels are not being used to provide television programming, and postponed for a future proceeding any changes to the rules designed to prevent interference by reserved band educational FM stations to TV 6 operations (rules which some operators of noncommercial radio stations allege are no longer needed to protect digital channel 6 TV stations).
  • The Commission has confirmed via Public Notice that its Third Report and Order and Fourth Further Notice of Proposed Rulemaking in its Next Generation TV (“ATSC 3.0”) docket has been published in the Federal Register.  The Third Report and Order adopted rules clarifying the legal responsibility of simulcast and non-simulcast multicast streams where one licensee hosts the programming of another to make programming available in both the old and new transmission standards.  The order also extended the sunset dates until July 17, 2027 for the Commission’s “substantially similar” requirement (requiring that the primary video stream of a station that has converted to ATSC 3.0 be also broadcast on a multicast stream of a station still operating in the old standard) and the requirement for Next Gen TV stations to comply with the A/322 technical standard (Next Generation proponents wanting the ability to update the standard in the future without FCC approval but, for now, agreeing to this extension as there are no immediate plans for an update). The Fourth Further Notice sought comment on whether rules were needed to assure the availability of ATSC 3.0 Standard Essential Patents. The Federal Register publication sets comments and reply comments deadlines on the Fourth Further Notice as September 15 and October 16, 2023, respectively. Also, the rules adopted in the Third Report and Order go into effect on August 16, 2023, except for rules that adopt new paperwork requirements including changes to application forms, which will go into effect after approval of the Office of Management and Budget following a required Paperwork Reduction Act review required for all changes in any agency-imposed paperwork requirements. 
  • In Congress, the House Judiciary Committee approved the PRESS Act, designed to prevent federal authorities from subpoenaing information or testimony from journalists about documents gathered in preparing their stories and the sources on which they relied, except in cases involving terrorism or imminent violent acts.  This bill next needs to be considered by the full House of Representatives and the Senate (and signed by the President) before it becomes law.
  • On the enforcement front, the FCC’s Media Bureau issued an Order directing the licensee of a New Mexico LPTV station to pay a $1,500 fine for filing its license renewal application six weeks late. The Bureau likewise proposed to fine a Montana LPTV licensee $1,500, again for failing to file a timely license renewal application.  The Bureau also entered into a Consent Decree with a Florida AM licensee for not uploading material to its online public inspection file in a timely manner (the licensee agreed to adopt a compliance plan but suffered no financial penalty).  The Bureau entered into a similar Consent Decree with a North Carolina FM licensee for filing its license renewal application three and a half months late and failing to upload any issues/programs lists to its online public inspection file, and also imposed a $500 fine, a fine lower than usual as the station is a student-run noncommercial station.
  • The Media Bureau issued a Report and Order substituting UHF channel 20 for VHF channel 10 in the Table of TV Allotments at Elko, Nevada, and proposed to substitute channel 21 for channel 7 at Knoxville, Tennessee, both changes designed to provide the improved digital service that is provided by stations operating on UHF channels (channels 14 and above). 
  • The Commission’s Enforcement Bureau announced that it has issued nine warnings to  landowners and property managers in the Miami area for apparently allowing pirate radio operations on their properties. The FCC may issue a fine exceeding $2 million if it determines that a landowner continues to permit any individual or entity to engage in pirate radio broadcasting from any property that they own or manage.  The text of each warning is available here.  These large fines were made possible by the PIRATE Act, which also mandated increased FCC vigilance to police unauthorized radio operations. 
  • With ads already running for the 2024 elections, we published an article on our Broadcast Law Blog on the implications for media companies of political ads generated by artificial intelligence. 

Stories about “deepfakes,” “synthetic media,” and other forms of artificial intelligence being used in political campaigns, including in advertising messages, have abounded in recent weeks.  There were stories about a superPAC running attack ads against Donald Trump where Trump’s voice was allegedly synthesized to read one of his tweets condemning the Iowa governor for not supporting him in his Presidential campaign.  Similar ads have been run attacking other political figures, prompting calls from some for federal regulation of the use of AI-generated content in political ads.  The Federal Election Commission last month discussed a Petition for Rulemaking filed by the public interest group Public Citizen asking for a rulemaking on the regulation of these ads.  While the FEC staff drafted a “Notification of Availability” to tell the public that the petition was filed and to ask for comments on whether the FEC should start a formal rulemaking on the subject, according to an FEC press release, no action was taken on that Notification.  A bill has also been introduced in both the Senate and the House of Representatives to require that there be disclaimers on all political ads using images or video generated by artificial intelligence revealing that they were artificially generated (see press release here).

These federal efforts to require labeling of political ads using AI have yet to result in any such regulation, but a few states have stepped into the void and adopted their own requirements.   Washington State recently passed legislation requiring the labeling of AI-generated content in political ads.  Some states, including Texas and California, already provide penalties for deepfakes that do not contain a clear public disclosure when used in political ads within a certain period before an election (Texas, within 30 days and California within 60 days).

Continue Reading Artificial Intelligence in Political Ads – Legal Issues in Synthetic Media and Deepfakes in Campaign Advertising – Concerns for Broadcasters and Other Media Companies

While there are certainly policy issues throughout the media industry, it is often the small, routine issues that trip up broadcasters.  In the last week, there have been two public notices worth noting – one announcing the final transition of broadcast applications to the LMS database, and a second reminding broadcasters that Biennial Ownership Reports will be due by December 1 of this year. 

The LMS system has, unfortunately, had its share of troubles (see, for instance, our article here), but the FCC nevertheless released a Public Notice announcing that, effective  July 26, another set of broadcast applications will be moving to LMS – completing the transition of all applications for broadcast stations to LMS (with the exception of broadcast auxiliaries like Studio Transmitter links, which will continue to be processed by the FCC’s Wireless Bureau on Wireless Bureau forms, and not by the Media Bureau, which processes all other broadcast applications).  The new applications and other filings that are to be done through LMS primarily deal with AM applications, a big category of applications that had, in recent months, been done outside of any electronic filing system.  In addition, construction permits for LPFMs will be filed in LMS (which, obviously, is important for the upcoming November filing window),  as will certain required notifications which had previously  been done through emails.  So, starting July 26, 2023, you must file the following applications and notifications through LMS:

  • Application for Construction Permit for AM Broadcast Station
  • Application for AM Broadcast Station License
  • Application for Direct Measurement of AM Broadcast Station
  • AM Engineering Special Temporary Authorization (STA)
  • Extension of AM Engineering STA
  • Application for Construction Permit for New Class D Noncommercial Educational FM Broadcast Station
  • Application for Construction Permit for New Low Power FM Station
  • Equipment Test Authority Notification
  • Program Test Authority Notification
  • Restoration of Licensed Operation

In addition, this week the FCC issued another Public Notice, reminding broadcasters of the need to file Biennial Ownership Reports by December 1 of this year.  The Ownership Reports detail a company’s ownership and control as of October 1, 2023 (and can be filed any time after that date through December 1).  These Form 323 reports (323-E for non-commercial stations) are also filed in LMS.  Licensees of commercial and non-commercial full power television, Class A television, low power television, AM radio, and FM radio stations must all file these Ownership Reports by the December 1 deadline.  Note that these reports not only detail ownership and control of broadcast stations, but also report on the race and gender of station owners, and their other broadcast interests (see our article from 2021 about the importance the FCC attaches to these filings).  The LMS system was designed to track attributable owners through all of their broadcast holdings. Thus, each individual and entity who has an interest in your station needs to obtain its own FCC Registration Number (FRN).  The FRN is used in the reports of all stations in which that individual or entity has any interest.  Additional reports also need to be filed for each entity that has an attributable interest in any licensee.  The process of preparing these reports for entities with interests in an licensee and of obtaining  FRNs for all attributable entities and individuals can take time (e.g., you need the social security number for all individuals with interest in commercial licensees and the EIN for all entities – see this article for special rules for certain board members of noncommercial licensees), so you should start  to gather this information early. 

Pay attention to these FCC procedural matters, as it is often the little things that can cause the most problems for broadcasters. 

Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations.

  • The Senate Commerce, Science, and Technology Committee this week approved the nomination of Anna Gomez to fill the current vacancy on the FCC.  The Committee also approved the renominations of current Commissioners Starks and Carr.  These nominations now move to the full Senate for consideration.  If approved by the Senate, the appointments would be effective.  Timing on the consideration of the nominations by the full Senate is currently unclear.  We wrote on our Broadcast Law Blog about some of the issues that the Commission might consider if it has a full five members for the first time during the Biden Administration.
  • The Media Bureau released a Public Notice announcing that, commencing on July 26, 2023, all of the remaining broadcast applications not yet available in the FCC’s LMS database would be transitioning to that database. Thus, for the first time, the following applications should be filed in LMS starting on July 26:
    • Application for Construction Permit for AM Broadcast Station
    • Application for AM Broadcast Station License
    • Application for Direct Measurement of AM Broadcast Station
    • AM Engineering Special Temporary Authorization (STA)
    • Extension of AM Engineering STA
    • Application for Construction Permit for New Class D Noncommercial Educational FM Broadcast Station
    • Application for Construction Permit for New Low Power FM Station
    • Equipment Test Authority Notification
    • Program Test Authority Notification
    • Restoration of Licensed Operation
  • The Commission announced its tentative agenda for its August 3, 2023 regular monthly meeting.  Among the items to be considered at the meeting will be a Notice of Proposed Rulemaking looking to increase the power of the digital signals transmitted by FM radio stations, and to consider other changes in the rules for these “HD Radio” digital operations, including possibly simplifying the process for FM stations to have asymmetric side band power levels.  See the draft of the Proposed Rulemaking to be considered at the August meeting, here, and our blog article on the proposals by the NAB and Xperi for these changes when they were advanced late last year, here.  
  • FCC Chairwoman Rosenworcel issued a Press Release announcing that she has circulated for review by the other Commissioners, a Notice of Proposed Rulemaking to initiate an FCC review of the video programming marketplace. Comments would be sought on the obstacles faced by independent programmers seeking carriage by multichannel video programming distributors and on online platforms, how this impacts consumers, and whether there are actions the Commission could take to alleviate such obstacles. The FCC regularly assesses the state of competition in the Media Marketplace for its required annual report to Congress, and has been asking about the impact of online video providers in those annual reviews for over a decade (see our article here).  How this review will differ from those annual studies will be clearer when details of this proposal are available, once the Commissioners vote on the commencement of this proceeding. 
  • The FCC Media Bureau entered into a Consent Decree with the licensee an AM/FM/FM translator combination in New York state because of a transfer of control of the stations without FCC approval.  The licensee agreed to pay a penalty of $8,000 for its failure to seek FCC approval for the transfer of the controlling shareholder’s stock in the licensee to a trust which he controlled, and then appointing a new trustee to administer that trust soon after the trust was formed, all without FCC approval.  The majority shareholder died two months later, and thereafter the company sought FCC approval for the final disposition of the stock to the shareholder’s beneficiaries.  The fine was imposed because both the transfer of the stock to the trust and the subsequent appointment of a new trustee required prior FCC approval.  This case reminds broadcasters to check with counsel about the need for FCC approval for any transfer of a majority of the stock of a broadcast company, even when that transfer is to a trust for estate planning purposes. 
  • The Media Bureau issued a Notice of Apparent Liability proposing to fine the licensee of two digital television translator stations in the state of Colorado a total of $3,000 ($1,500 per station) for filing the stations’ license renewal application over a month late.  The FCC normally requires a base fine of $3,000 per station in this situation, but the Bureau reduced the fine “because, as television translators, the Stations are providing a secondary service” and an “important ‘fill-in’ service to areas that otherwise may be unable to receive over-the-air television signals.”

Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations.

  • The Senate Commerce, Science, and Technology Committee this week scheduled an executive session for July 12 to consider the nomination of Anna Gomez to fill the current vacancy on the FCC.  The Committee will at the same time consider the renominations of current Commissioners Starks and Carr.  If approved by the Committee, the nominations will move forward for consideration by the full Senate, though when any final Senate approval will occur is unclear at this time.  We wrote on our Broadcast Law Blog about some of the issues that the Commission might consider if it has a full five members for the first time during the Biden Administration.
  • One of the issues that will likely be considered by a full Commission is the 2018 Quadrennial Review of the broadcast ownership rules.  Among other issues, the 2018 Review is to review the current local radio ownership restrictions.  As we explained in December, the 2018 Review was to have been resolved by the end of 2022 but, instead, the FCC started the 2022 Review without having resolved the prior one.  In April, as we noted here, the NAB filed a Petition for Mandamus, asking the US Court of Appeals to order the FCC to resolve the 2018 proceeding.  On Friday, the Court ordered the FCC to respond to the NAB Petition, giving the FCC 30 days to respond. 
  • The FCC’s Enforcement Bureau entered into a Consent Decree with the operator of a Low Power FM station in Arizona, resolving issues about this noncommercial station running commercials for its sponsors.  LPFM stations, like other noncommercial stations, are limited to “underwriting announcements” for those who donate to the station – announcements that simply identify the sponsor and its business without any “calls to action,” qualitative claims, price information, or similar statements that would promote the sponsor or its business.  For more information on the FCC’s underwriting rules, see our article here.  The Consent Decree required a $20,000 payment to the government, and imposed requirements that the licensee adopt a compliance plan to avoid future issues, report on any future violations of the rules, and file with the FCC yearly reports on its underwriting for the next three years.  If the licensee violates the underwriting rules in that period, it will owe an additional “suspended penalty” of $41,500, suggesting that the fine would have been significantly higher had the Consent Decree not been negotiated. 
  • The FCC’s Media Bureau proposed the allocation of new FM channels at three Hawaii communities: Koloa, Puhi, and Lihue.  Comments on these proposals are due August 20, 2023, with reply comments due September 12.  If allocated, these channels will be available for application in a future FM filing window.
  • The Media Bureau also approved the change in channels of TV stations in Coos Bay, Oregon and Kalispell, Montana, changing the authorizations of existing stations from VHF channels to ones in the UHF band, channels that are preferred for digital broadcasting.
  • The Senate Judiciary Committee has scheduled a hearing for July 12, 2023 to consider copyright issues posed by the use of Artificial Intelligence.  We wrote about some of those issues in articles on our blog, here and here.

Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations.

  • Chairwoman Rosenworcel announced that the FCC, at its open meeting on July 20, intends to allow 13 “Franken FM” or “FM6 stations” (i.e., LPTV stations operating on TV channel 6 with an analog audio service that can be received on FM radios at 87.7 MHz) to continue to provide their existing analog radio service as an “ancillary or supplementary service.”  LPTV operators had asked the FCC to permit this continued operation after these stations’ digital conversion as the service requires that an analog audio signal be embedded in the digital Channel 6 LPTV station transmissions.  The FCC’s tentative decision will grandfather these 13 operations, allow these stations to increase facilities on a non-interference basis, and allow them to be sold; while imposing some FM-like service obligations on the audio services (including public file requirements that ordinarily do not apply to LPTV stations).  If adopted, the item also precludes future FM6 operators, declines to allow FM operations on Channel 6 in parts of the country where it is not now used for television, and postpones any decision on relaxing interference standards between TV channel 6 and NCE FM stations on the low end of the FM band until further study is done.  For more details on the issues that were addressed in this proceeding, see our Broadcast Law Blog article here.
  • The Commission recently issued a Public Notice announcing that it is taking comments on a Petition for Rulemaking filed by REC Networks in which REC proposes rules to govern a possible future FM translator filing window.  Among REC’s proposals are a limit on the number of applications permitted by any one applicant and limits on the sale of any construction permit that is granted in any new filing window.  Comments on the REC Petition are due on July 26, 2023 and will give the FCC the opportunity to decide whether to further advance these proposals through a formal rulemaking process. 
  • The FCC has published its All-In Pricing for Cable and Satellite Television Service Notice of Proposed Rulemaking (NPRM) in the Federal Register, setting comment dates.  Comments are due July 31, and replies are due August 29.  The NPRM proposes to require cable operators and direct broadcast satellite (DBS) providers to specify the “all-in” price for video service in their promotional materials and on subscribers’ bills.  Cable operators and DBS providers could supplement the aggregate price with an itemized explanation of the elements that compose that single price, but the single aggregate price would have to be made clear.
  • The Federal Trade Commission released updated Guides Concerning the Use of Endorsements and Testimonials in Advertising (“Endorsement Guides” or “Guides”).  The Endorsement Guides advise businesses on what practices may be unfair or deceptive in violation of the FTC Act.  The updated Guides enhance the disclosure requirements for promoting goods online, including in social media, requiring disclosures whenever anyone is paid to promote a product or receives anything of value (including a free use of the product) for their promotion.  The new FTC policies also cover any attempt to distort consumer reviews of a product; clarify the existing obligations that disclosures of the promotion of a product be “clear and conspicuous;” better explain the potential liability of advertisers, endorsers, and intermediaries; and highlight that child-directed advertising is of special concern.  The policies specifically address endorsements made by broadcaster’s on-air employees.  The FTC also released an updated frequently asked questions document,  FTC’s Endorsement Guides: What People are Asking. 
  • Senator Maria Cantwell, Chair of the Senate Commerce, Science and Transportation Committee, sent a letter to the FCC Chairwoman, urging her to update the record on whether video streaming services that carry broadcast TV signals are MVPDs subject to FCC rules, such as must carry and retransmission consent.  This letter adds to the pressure that some broadcasters have already put on the FCC to consider whether the FCC should regulate these “virtual MVPDs.” Only two months ago, Chairwoman Rosenworcel said in a letter to Senator Grassley that  she did not believe that the FCC had jurisdiction to review this issue (see our reference to that letter in a previous weekly update here). 
  • The Republican Attorneys General from 16 states sent a letter to the trade associations representing electric car manufacturers asking that AM radio be preserved in their members’ cars because of the importance of AM to the dissemination of public safety information.  This effort ties into other actions aimed at preserving AM in cars (see our blog article on federal legislative efforts, here).  
  • The Copyright Royalty Board’s released its decision approving the royalties to be paid by noncommercial broadcasters to ASCAP, BMI, SESAC, and GMR for the public performance of musical works licensed by these organizations.  These rates are applicable from January 1, 2023 through the end of 2027.  There are different rates set out in the decision for NPR/CPB affiliates, for stations affiliated with colleges and other educational institutions, and for other noncommercial broadcasters, including religious noncommercial operators.  We wrote about these rates when they were first proposed, here. 
  • The FCC’s Media Bureau proposed to fine an FM translator station $7,500 due to the station’s unauthorized substitution of antenna different than what the Bureau had previously approved.  Section 74.1251(b)(2) of the FCC’s Rules requires FM translator licensees to request and receive authority prior to making any changes to their antenna system.  The licensee here conceded that it had substituted an antenna different in manufacturer, size, and weight than the one specified in its license application approved by the Bureau.  The station stated that it substituted a lighter antenna for a heavier one so it could mount the antenna on the tower without constructing additional bracing.  In a separate decision, the Bureau found that the unauthorized substitution violated the FCC’s rules, rejecting the station’s argument no prior authority was needed to substitute an antenna capable of achieving the same directional pattern and mounted in accordance with manufacturer instructions.  The combined base fine in the FCC’s rules for the station’s rule violations (i.e., one for failing to file for consent to use the substitute antenna and the other for operating with that antenna without FCC consent) is $13,000.  The Bureau, however, reduced the fine to $7,500, citing the fact that the station, a translator, only provides only a secondary service.
  • The Media Bureau and the FCC’s Office of Managing Director jointly issued an Order to Pay or Show Cause to a South Carolina AM station, directing it to pay overdue regulatory fees or risk revocation of its license.  The FCC’s records indicated that the station currently has unpaid regulatory fee debt of $1,309.54 for FY 2010; $1,355.22 for FY 2012; $1,361.69 for FY 2013; $1,314.33 for FY 2014; $1,280.78 for FY 2015; $188.24 for FY 2016; and $1,394.42 for FY 2022.  The Order gives the station sixty (60) calendar days to file documented evidence that full payment of all outstanding regulatory fee debt has been made, or show cause why the payment is inapplicable or should be waived or deferred.  The Order warns the station that failure to do either in a timely manner may result in revocation of the station’s license.

For a look ahead at regulatory dates of importance to broadcasters in July and early August, see our article here. 

    July is relatively light on broadcast regulatory dates, but the Quarterly Issues/Programs List deadline on July 10 is one that applies to all full-power broadcasters and Class A TV stations.  As set forth below, there are a few other dates worth noting this coming month – with more to come in August.

    July 10 is the deadline by which all full-power television, full-power radio and Class A television stations must upload to their online public inspection files their Quarterly Issues/Program Lists for the second quarter of 2023.  The lists should identify the issues of importance to the station’s community and the programs that the station aired in April, May and June that addressed those issues.  As you finalize your lists, do so carefully and accurately, as they are the only official records of how your station is serving the public and addressing the needs and interests of its community.  See our article here for more on the importance of the Quarterly Issues/Programs list obligation.

    July 10 is also the deadline by which noncommercial educational stations must upload to their public inspection files documentation of any on-air fundraising benefitting third parties that interrupted their normal programming from April 1 through June 30, 2023.  This obligation applies to noncommercial educational stations not affiliated with NPR or PBS that conducted such third-party on-air fundraising.  For more information about this requirement, see our article here.  Also on July 10, Class A television stations should upload to their online public file documentation of their continuing eligibility for Class A status during the period from April 1 through June 30, 2023.

    Chairwoman Rosenworcel announced that the FCC, at its open meeting on July 20, intends to announce its decision resolving whether it will continue to allow “Franken FM” or “FM6 stations,” (i.e., LPTV stations operating on TV channel 6 with an analog audio service that can be received on FM radios at 87.7 MHz) to provide their existing analog radio service by authorizing it as an “ancillary or supplementary service.”  LPTV operators had asked the FCC to bless the post-conversion operation of an analog audio signal embedded in the digital Channel 6 LPTV station transmissions so that these FM broadcasts can continue, which the FCC has tentatively decided to do with respect to 13 LPTV stations that had provided such service in the past.  For more details on this item, see our blog article here

    July 31 is the deadline by which commercial television stations with locally-produced programming whose signals were carried as distant signals by at least one cable or satellite system in 2022 may file royalty claims for compensation with the Copyright Office in Washington, DC.  Cable and satellite systems are obligated to pay these royalties pursuant to their compulsory copyright license to carry distant TV signals on their systems. Stations that do not file claims by the July 31 deadline will not be able to collect royalties for distant carriage of their signals during 2022.  The filing process consists of two-steps: (1) if you did not do so last year, you must register through the Copyright Royalty Boards’s eCRB system and then (2) file your claim electronically through eCRB by July 31, 2023.  

    The Commission recently issued a Public Notice announcing that it is taking comments on a Petition for Rulemaking filed by REC Networks in which REC proposes rules to govern a possible future FM translator filing window.  Among REC’s proposals are a limit on applications by any one applicant and limits on the sale of any construction permits that are granted in any new filing window.  Comments on the REC Petition are due on July 26, 2023 and will give the FCC the opportunity to decide whether to further advance these proposals through a formal rulemaking process. 

    The FCC has published its All-In Pricing for Cable and Satellite Television Service Notice of Proposed Rulemaking (NPRM).  Comments are due July 31, and replies are due August 29.  The NPRM proposes to require cable operators and direct broadcast satellite (DBS) providers to specify the “all-in” price for video service in their promotional materials and on subscribers’ bills.  Cable operators and DBS providers would be able to complement the aggregate line item with an itemized explanation of the elements that compose that single line item. 

    Looking forward to early August, August 1 is the deadline for Radio and Television Station Employment Units in California, Illinois, North Carolina, South Carolina, and Wisconsin with 5 or more full-time employees to upload to their online public inspection file their Annual EEO Public File Report. 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 5 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 a station’s website, if it has a website. 

    For those radio employment units in North Carolina and South Carolina, the Annual EEO Public File Report brings a new requirement, as this is the mid-point of those stations’ renewal term.  As we wrote here, this means that the FCC will conduct its EEO Mid-Term Review of those radio employment units with 11 or more full-time employees.  When radio stations in these states upload their Annual EEO Public File Reports, they must also check a new checkbox in the Settings section of the FCC-hosted public inspection file stating whether or not they have 11 or more full-time employees in their employment unit, so the FCC knows which clusters to review as part of the Mid-Term Review.  All other radio groups will need to complete this step as well prior to their Mid-Term Review.

    As always, this list of dates is not exhaustive.  Note, too, that deadlines can change.  Always review these dates with your legal and technical advisors, and note other dates not listed here that may be relevant to your operations. 

    Continue Reading July Regulatory Dates for Broadcasters – Quarterly Issues/Programs Lists, Franken FMs, Copyright Distant Signal Copyright Claims, and More

    Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations.

    • The FCC released late on Friday a Third Report and Order and Fourth Further Notice of Proposed Rulemaking resolving many regulatory issues related to the ATSC 3.0 “Next Gen” television conversion.  Among the issues addressed were the following:
      • The FCC generally adopted the proposals it advanced in 2021 in its Next Gen Multicast TV Further Notice of Proposed Rulemaking dealing with the responsibility for programming on “lighthouse” signals – multicast streams of programming from a station that has converted to ATSC 3.0 that are aired on a “host” station still broadcasting in the current ATSC 1.0 transmission system so that viewers who do not yet have TV sets capable of receiving the new transmission standard can continue to receive their favorite TV programming (for more background on this issue, see our blog article here). Among other things, the modified rules clarify that the originating station (and not the host station) is responsible for regulatory compliance for the multicast lighthouse stream being aired on the host station, and they give the Commission clear enforcement authority over the originating station in the event of a rule violation on the hosted multicast programming stream.  
      • In addition, the FCC extended through July 17, 2027 the rule that required that the lighthouse signal be “substantially similar” to the primary video stream of the ATSC 3.0 signal.  That rule had been set to expire this year, but the FCC believed that viewers needed more time to be guaranteed that they can watch the same programming they watch today whether or not they have a TV that can receive the new ATSC 3.0 signal.
      • It also retained the current A/322 standard for new ATSC 3.0 transmissions. That standard was also supposed to expire this year, but as no party is ready to adopt a new standard, it was retained with the FCC believing that it “remains essential at this time for protecting both innovators and investors in the 3.0 space, allowing stakeholders to develop and purchase equipment with confidence.”  Developers of ATSC 3.0 want to be able to update the standard without FCC approval in the future (the same flexibility that other tech companies, including mobile phone operators, have) but, until July 17, 2027, the current standard will remain in place.
      • The FCC also asked for additional comments on whether it needs to regulate essential patents requiring that patent holders commit to licensing them on reasonable and non-discriminatory terms.  Commenting parties are asked to address a variety of matters to as to whether these essential patents need to be regulated; how the FCC proposal could promote or inhibit advances in diversity, equity, inclusion, and accessibility; and whether the FCC has authority to regulate in these areas.
    • The Media Bureau announced a filing window for applications for construction permits for new low power FM stations. The filing window will open at 12:01 am EDT on Wednesday, November 1, 2023, and close at 6:00 pm EST on November 8, 2023. The window is available for LPFM proposals in the entire FM band (channels 201-300). This will be the first LPFM filing window since 2013, and thus the Bureau encourages potential applicants to begin familiarizing themselves with the application process, including updated forms. The Bureau will provide detailed information about filing procedures by public notice in advance of the filing window.
    • The Senate Commerce Committee held a hearing on the nomination of Anna Gomez to fill the current vacancy on the FCC.  The hearing also addressed the renominations of current Commissioners Starks and Carr.  Questions on broadcast matters included whether the FCC had properly handled the now terminated proposed acquisition of TEGNA by Standard General.  The agenda and a recording of the hearing are available on the Committee’s website, here.  The Chair of the Judiciary Committee suggested that the Gomez nomination could be approved in July, though Republican Senators reserved judgment.  We wrote about some of the issues that a full FCC might consider, here. 
    • The Communications and Technology Subcommittee of the House Committee on Energy and Commerce held an oversight hearing on FCC matters, asking the current FCC Commissioners questions about a variety of issues.  On broadcast matters, the Chairwoman said that she did not currently have any plans to revisit Media Modernization matters that eliminated a number of broadcast rules during the administration of past FCC Chairman Pai.  The Chairwoman also said that she could not comment on the recently ended Standard General TEGNA acquisition as there were still pending contested issues in that proceeding. Opening statements and other materials related to the June 21 hearing are available on the Subcommittee website here.
    • The FCC released a Notice of Proposed Rulemaking in which it proposes to require cable operators and direct broadcast satellite providers to specify the “all-in” price for video service in their promotional materials and on subscribers’ bills.  Comments and reply comments will be due 30 days and 60 days, respectively, after publication of the Notice in the Federal Register.  Concurrent with the release President Biden issued a statement praising the action noting that it is “only the latest action taken by my Administration to crack down on junk fees in order to increase transparency and bring down costs for hard working Americans.”   The Federal Trade Commission also is looking at “junk fees” in a separate proceeding.
    • The Media Bureau entered into a Consent Decree with the licensee of an FM station in Hawaii to resolve two unauthorized transfers of control of the station’s license.  The licensee was comprised of four 25% stockholders.  In 2017, the estate of one the stockholders transferred its 25% interest to one of the licensee’s other 25% stockholders, thus giving that stockholder negative control (50%) of licensee, without seeking the FCC’s prior consent as required.  Subsequently, in 2020, the two remaining 25% stockholders executed a stock transfer agreement whereby the first stockholder agreed to transfer all of his stock to the second stockholder and give him negative control, also done without required FCC consent.  The Consent Decree directs the licensee to pay a $10,000 civil penalty to the U.S. Treasury.
    • The Media Bureau also proposed to fine the licensee of three digital television translator stations in the state of Washington a total of $4,500 ($1,500 per station) for filing the stations’ license renewal application over two months late.  The FCC normally requires a base fine of $3,000 per station in this situation, but the Bureau reduced the fine “because, as digital television translators, the Stations are providing a secondary service” and an “important ‘fill-in’ service to areas that otherwise may be unable to receive over-the-air television signals.”  In separate decisions, the Bureau proposed to issue the same fine to a second licensee of three digital television translator stations (again in the state of Washington) and to a digital television translator licensee in Oregon for filing untimely renewals.
    • The Media Bureau denied an Oregon FM licensee’s request for reconsideration of the dismissal of its license renewal application.  The licensee had Special Temporary Authority (STA) to operate at a transmitter site that expired on December 1, 2018, but apparently continued to operate at the STA site well after the expiration date of the STA. The Bureau held that held that the station’s license had expired pursuant to section 312(g) of the Communications Act because the licensee was not operating with authorized facilities at an authorized location for more than 12 months.  On reconsideration, the Bureau rejected all of the licensee’s arguments for renewing its license, finding that the result was consistent with the FCC’s prior decisions that a station operating for more than a year from an unauthorized site, even one that had once been authorized by an expired STA, still triggered the Section 312(g) cancellation of a license not operating for more than a year.
    • The Media Bureau dismissed a Florida LPFM station’s request that the Bureau reconsider, on grounds of harmful interference, its grant of the license application of an FM translator station.  The Bureau dismissed the LPFM station’s request on procedural grounds, finding that the station had failed to participate during earlier stages of the proceeding as required under the FCC’s rules.  In a related but separate decision, the Bureau proposed to fine the same LPFM station $2,500 for operating with facilities at variance with its license.  The station’s license required operation with a single bay antenna, but the station had been operating with a two-bay antenna for its entire license term.  The Bureau was not persuaded by the station’s explanation that it had mistakenly specified a single bay antenna on its license application.