The FCC this week released a Public Notice soliciting comments on the request of Univision, which owns US radio and TV stations, to have foreign ownership that exceeds 50%. As we wrote here, the FCC previously permitted foreign ownership of up to 49% of the company. With a restructuring of its investors, the company is now seeking permission for foreign investors to own up to 70% of the company. As we have written here and here, the FCC will permit foreign investors to own a interests above 25% in companies that control licensees of US broadcast stations. But any such ownership first must be reviewed by the FCC and other government agencies to insure that there are not national security issues. Once approved, in the absence of any extraordinary circumstances, the FCC will allow an approved foreign investor to acquire interests in more stations in the US, and to increase their interest in a company to the extent provided that, if they have not been previously approved in a controlling position, they will need specific approval for such ownership. Here, as the foreign investors had previously been approved in a non-controlling position, further Commission approval of the ownership of more than a 50% interest in the company was required.

While substantial foreign investment in US broadcasting companies is not commonplace, more and more transactions have been approved in recent years (see, for instance, our articles here and here) as the FCC appears to have become comfortable to the notion that investors from many foreign countries pose no threat to the public interest.

With the June 3 filing deadline fast approaching for license renewals for radio stations in Maryland, DC, Virginia and West Virginia, stations (including FM translators and LPFMs) licensed to any community in any of those states should be beginning to prepare their applications. As we wrote here, the FCC forms should be available next week, so once May 1 rolls around, early birds in those states can start to file their renewal applications and the accompanying EEO program report. These stations should also be running their pre-filing license renewal announcements on the 1st and 16th of May. Radio stations in the next renewal group, stations in North and South Carolina, should be prepared to begin their license renewal pre-filing announcements in June – so in May they should be recording and scheduling that announcement to run for the first time on June 1 (see this article on pre-filing announcements for more information).

While May is one of those months with no other regularly scheduled regulatory filing deadlines, it is full of other FCC deadlines including comment dates in several proceedings of importance to broadcasters. In addition, broadcasters in Arizona, Idaho, Maryland, Michigan, Nevada, New Mexico, Ohio, Utah, Virginia, West Virginia, Wyoming, and the District of Columbia that are part of an Employment Unit with 5 or more full-time employees should also be preparing to add to their online public inspection file their Annual EEO Public File Report – due to be added to their files by June 1. Continue Reading May Regulatory Dates for Broadcasters – License Renewal Activities and Lots of Comment Dates

Earlier this month, the FCC released a Public Notice announcing that companies that are licensees, or have otherwise registered their fixed C Band satellite earth stations in the 3.7 to 4.2 GHz band, must certify the accuracy of the information on file with the FCC by May 28, 2019. Operators of fixed earth stations who filed registrations last year between April 19 and October 31 using the simplified process that the FCC allowed during that period are exempted from this updating process (see our posts here and here on last year’s window). However, registrants and licensees of transportable or temporary fixed earth stations, including those registered last year, have additional required registration requirements during this same window. These filings will be considered by the Commission in connection with their consideration of expanded uses of this spectrum. So broadcasters with earth stations in this band should familiarize themselves with this new filing requirement, and be sure to file, if required, by the May 28 deadline.

The FCC this week released a Public Notice announcing that it was making available information about all bidders in the TV incentive auction – including information about TV stations who had bid to surrender their licenses in the auction and were unsuccessful in those bids. The FCC had promised to keep that information confidential for two years after the conclusion of the auction. Proving how time really does fly, that two year period has now run its course since the FCC released its Incentive Auction closing notice. So if you are interested in the stations willing to surrender their licenses who were not selected in the auction, that information is available on the Auctions section of the FCC website, here.

The FCC last week released a draft order (available here) in its proceeding looking at revising the procedures to resolve complaints of interference by translators (and certain LPFM stations) to existing FM stations. The draft order proposes many changes to the current process. For the most part, these changes will provide more certainty to translator operators as to whether the new translator they are constructing will be subject to being forced off the air, while making it somewhat more difficult for full-power stations to sustain a claim of interference from new translators. We wrote about the FCC’s initiation of this proceeding here and here.

The headline in many reports about this draft order is the FCC’s tentative decision to allow translators that do cause interference to move to any available FM channel to resolve that interference. In the past, channel moves have been limited to moves to adjacent channels that would be considered a “minor change” by the FCC. In many markets, this will provide the translator operator more opportunities to continue to operate its translator if it does in fact create areas of new interference. Of course, in some spectrum-limited markets, there may not be an alternative channel on which a new translator can be authorized if it has to move off its initial channel (and interference complaints may well be more likely in such spectrum-limited markets as the translator operator may not have had many channels that were clearly free from interference concerns from which to select). But the proposed new rules would also make objections harder to support. Continue Reading FCC Releases Proposed Revised Rules for Resolving FM Translator Complaints – Order to be Considered at May 9 Commission Meeting

The FCC yesterday released two public notices about the procedures to be used in the upcoming radio license renewal cycle. These actions were previewed by the FCC at the NAB Convention last week (see our article here). As we wrote here and here, the license renewal cycle begins with the filing of license renewal applications by stations in Maryland, the District of Columbia, Virginia and West Virginia that must be submitted by June 3 (as the June 1 deadline falls on a weekend, the deadline is extended to the next business day). Stations in these states should already be running their Pre-Filing Announcements on the 1st and 16th of the 2 months preceding the renewal filing (see our articles here and here).

The first of yesterday’s notices announces that the renewals will be filed in the FCC’s LMS database which was first used by radio broadcasters in connection with the filing of their last set of Biennial Ownership Reports. In addition to the license renewal form (now FCC Form 2100, Schedule 303-S), broadcasters will also have to submit a Broadcast Equal Employment Opportunity Program Report (LMS Form 2100, Schedule 396). The Public Notice says that the forms will be available by May 1. It also notes that, over time, other radio forms will migrate to the LMS database as the FCC leaves behind CDBS, the database that it has used for broadcasting for well over a decade. Continue Reading FCC Releases Notices on Radio License Renewal Process – New Form, New Database and More Scrutiny of the Public File

The FCC yesterday released a Public Notice announcing the receipt of the Petition for Rulemaking asking that the FCC allow AM stations the option to operate an all-digital facility. We wrote about that Petition here. Currently, AM digital operations are allowed only in a hybrid mode – where the station transmits both an analog and a digital signal. Proponents of the all-digital operation argue that the full digital operation allows for better reception and increased stability of the transmission, and submit that it is time for stations that are willing to transmit in this better system to be allowed to do so without having to seek experimental authority – the only way in which an all-digital AM transmission is now allowed.

Some have suggested that, in order for the FCC to move this proposal forward on a timely basis, industry support is needed. Comments on this Petition for Rulemaking, specifically seeking comments on allowing operation in the MA3 All-Digital Mode of HD Radio, are due on May 13. If you are interested in having the option to operate an all-digital AM station, comments urging the FCC to move forward on this Petition should be filed by that deadline. Once comments are received, the FCC will consider them and, if they sense enough industry support, they will issue a Notice of Proposed Rulemaking seeking additional comments on rules for implementing this proposal. FCC approval for an all-digital AM service will not happen overnight, but this Public Notice and the comments due in May are certainly the first step in this evolution of AM radio.

Questions about regulations from Washington don’t disappear just because you are spending time in Las Vegas, and this week’s NAB Convention brought discussion of many such issues. We’ll write about the discussion of antitrust issues that occurred during several sessions at the Convention in another post. But, today, we will report on news about more imminent actions on other issues pending before the FCC.

In his address to broadcasters at the conference, FCC Chairman Pai announced that the order on resolving translator interference complaints has been written and is now circulating among the Commissioners for review. The order is likely to be adopted at the FCC’s May meeting. We wrote here about the many suggestions on how to resolve complaints from full-power stations about interference from FM translators. While the Chairman did not go into detail on how the matter will be resolved, he did indicate that one proposal was likely to be adopted – that which would allow a translator that is allegedly causing interference to the regularly used signal of a full-power broadcast station to move to any open FM channel to resolve the interference. While that ability to change channels may not resolve all issues, particularly in urban areas where there is little available spectrum, it should be helpful in many other locations. Continue Reading Regulatory Issues from the NAB Convention: License Renewals, ATSC 3.0, Translator Interference, Ownership Rules, and Children’s TV

The developments surrounding the regulation of cannabis products, and the impact of that regulation on the ability of broadcasters and other media companies to run ads for these products, continue on an almost daily basis.  Of course, the developments don’t all point in a single direction.  As described below, at the same time as the FDA schedules a hearing to look at cannabis products and the rules that should apply to them, the FTC and FDA together have written warning letters to CBD marketers advising them to stay away from making specific health claims about their products and to avoid promoting edible products.  What does this mean for media companies that have been approached to advertise these products?

We very recently wrote about the murky state of the law on CBD advertising (mentioning our continuing concerns about marijuana advertising even in states where it has been “legalized”).  In that article, we warned that broadcasters should be particularly concerned about selling advertising that markets CBD products to be ingested, or advertising which makes unsupported health claims.  In a joint action announced last week, the FTC and the FDA wrote letters to three sellers of CBD products, warning those companies that their marketing raised legal issues.  In these letters, the FTC expressed concern that the marketing contained health claims that could not be substantiated, and the FDA was concerned about the marketing of supplements and other CDB products to be taken orally that had not been approved by the FDA as either foods or medicines.  At least one of the letters cited a “salve” that presumably was not to be ingested, so the concern there seemed to be solely the specific health claims made for the product.  These letters reinforce the concerns that we expressed about advertising that contains specific health claims or which deals with products to be taken by mouth (either as dietary supplements, medicines or in other foods) – so stations should be especially wary of such ads.  Continue Reading FDA Schedules Hearing on Cannabis; FTC and FDA Send Cease and Desist Letters to Sellers of CBD Products – What is the Effect on Advertising?

This week, the lawsuit brought by the Radio Music License Committee (RMLC) against new performing rights organization GMR (Global Music Rights) for alleged violations of the antitrust laws was determined by a court in Pennsylvania to have been brought in the wrong place – and transferred to a court in California.  This case has been on hold for well over two years while this procedural question was ironed out.  Now that the case has been transferred to California, the litigation that has been on hold while the jurisdictional issue was resolved can begin – but don’t expect quick results as these complicated cases can take years to resolve.  What is involved in this case?

Back in 2016, when RMLC concluded that it was not likely to reach a negotiated royalty rate for radio’s use of the musical compositions controlled by GMR songwriters and publishers, it brought the Pennsylvania court action.  In that action, it argued that the rates that GMR wanted were an abuse of the market power that GMR was able to exercise by banding these songwriters together and offering a license to radio stations on an all-or-nothing basis (see our articles here and here for more on the initial suit).  As it had done successfully with SESAC (see our article here), and as has been the case for decades with ASCAP and BMI, RMLC had hoped to have the court declare that GMR’s unrestrained royalty demands were contrary to the antitrust laws, and that some limits should be imposed on those rates.  The RMLC suit against GMR was brought in the same Pennsylvania court in which RMLC had sued SESAC, which led to the settlement subjecting SESAC rates to arbitration if the parties could not voluntarily agree on rates (and the arbitration process ultimately resulted in significantly lower rates for commercial radio than SESAC had previously received – see our article here on the results of the arbitration). Continue Reading Music Rights Suit by Radio Music License Committee Against GMR Moved to California Courts – No End in Sight?