Discussion of FCC, copyright, advertising and other legal issues of importance to radio and television broadcasters and other media companies
Principal Editor: David O’Connor
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.
April brings a number of routine regulatory dates for broadcasters across the country, including the requirement for posting Quarterly Issues Programs Lists to full-power station’s online public inspection files. April also brings comment deadlines in several rulemaking proceedings including one in which many broadcasters are interested – the FCC’s “Delete, Delete, Delete” proceeding looking to eliminate unnecessary broadcast regulations. Finally, we note lowest unit rate windows that open this month, including one for primaries in the New Jersey gubernatorial race, one of the more significant “off-year” elections in 2025. We look in more detail at some of the most significant deadlines below.
April 1 is the deadline for radio and television station employment units in Delaware, Indiana, Kentucky, Pennsylvania, Tennessee, and Texas 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 has in the past led to FCC fines (see our article here about a recent $26,000 fine for a single late EEO report).Continue Reading April 2025 Regulatory Updates for Broadcasters – Annual EEO Public File Reports, Comment Deadlines, Quarterly Issues/Programs Lists, Political Windows, 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.
Even with the holidays upon us, regulation never stops. There are several yearly deadlines in December which broadcasters need to review, particularly those in certain states with EEO requirements at the beginning of the month. There is a short freeze on TV applications while applications in a window for new noncommercial TV stations are filed. And, despite the transition to a Republican-led FCC next year (see our discussion here) and the “pencils-down” requests issued to the FCC by some Republican politicians (see our discussion here), the FCC will be voting on some changes to its broadcast rules at its December 11 open meeting. What follows are some of the upcoming deadlines that you should be watching.
December 2 is the deadline for the filing of the Annual DTV Ancillary/Supplementary Services Report for the 12-Month Period Ending on September 30, 2024, and the submission of any payments that are due. This applies to commercial and noncommercial full-power TV stations, Class A TV stations, and LPTV stations (including those operating on Channel 6) that have fee-based, non-broadcast revenues from their digital transmission capabilities. This means that if TV stations earned fees for data transmission or other non-broadcast services, they must file the report and pay the fees. If they did not, the report is not required.Continue Reading December 2024 Regulatory Updates for Broadcasters -Annual DTV Ancillary/Supplementary Services Report, EEO Deadlines, NCE TV Filing Window and Related Filing Freezes, Comment Deadlines, 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.
In the last few weeks, a Democratic Senator and a Republican FCC Commissioner have both expressed support for the future of AM radio. This is not a new topic, being the subject of speculation for at least the last 20 years as FM listening caught up to and surpassed the older service’s audience. But, when considering worldwide trends, a real question arises as to whether this inquiry is too narrow, and whether the FCC should not be taking more steps to insure the continuation of a free, local broadcast service.
In the last decade, the FCC has considered and, in many cases adopted, various proposals to revitalize the AM service – including providing FM translators for AM stations (see our articles here and here) and permitting all-digital AM operations (see our article here). Other proposals, including one for across-the-board power increases for AM stations (see our article here) and another to lessen the interference protection enjoyed by high powered “clear channel” AMs, which would allow lower power local AM stations to increase nighttime power (see our article here), have not been adopted. What new issues are being raised by these recent expressions of support from DC regulators?
Continue Reading Washington Worries About AM Radio – Senator Markey and Commissioner Simington Weigh in on the Future of the Service While Overseas There are Thoughts of Ending Broadcasting Altogether
At the NAB Radio Show in Dallas in September, FCC Commissioner Pai promised that the FCC would take action to revitalize the AM band (see our story here). For years, AM has suffered a gradual erosion in listening, as interference on the band has increased – not necessarily from other AM stations, but instead from background noise that is now part of the environment in most urban areas. This interference is caused by everything from fluorescent lights to plasma TV screens to various other electronic devices that are prevalent in the modern world. At the NAB Show in Las Vegas the week before last, Commissioner Pai reprised his discussion of AM improvements, this time moderating a panel of experts to discuss the potential remedies to the problems faced by the AM radio service. So just what remedies may be possible?
The panel set out several possible solutions to AM interference issues, all of which have potential downsides or problems. These include the following:
Let’s look at each of these options below.Continue Reading Saving AM Radio – What is the FCC Considering?
At the NAB Radio Show, Commissioner Ajit Pai delivered an address discussing a number of topics, including a proposal for the FCC to undertake a study of AM radio and to come up with a plan to make that service more competitive. We cover many topics here on the Broadcast Law Blog, and often write about changes in service for FM radio and television, as well as the digital media, but it seems that our coverage of AM mirrors the FCC’s attention to the service in the last few years – relegated primarily to situations where struggling AMs run on a shoe string budget run into the FCC’s Enforcement Bureau because of some significant violation of the Commission’s rules. So what did Commissioner Pai propose, and is it realistic to expect real reform of the AM service?
The mere fact that the Commissioner proposed a study, and one to be completed in just over a year, is in and of itself encouraging. The NAB has been internally conducting a similar study, though no results have been released yet. The AM band has suffered from many problems, including a decrease in the quality of AM receivers as FM has become much more dominant, and the increase in background “noise” creating interference to AM service – all sorts of electronic devices that are now so common everywhere, including many of the lights now used both indoors and outdoors, create interference to the AM service that make listening, especially in most urban areas, difficult. So what can be done?Continue Reading FCC Commissioner Proposes Review of the AM Band to Make it More Competitive – What Can Be Done?
A petition was recently filed at the FCC proposing to allow all AM stations to increase to 10 times their current power in order to overcome the effects of interference that has grown up in most urban areas from the operation of all sorts of electronic equipment, fluorescent lights and other devices that simply did not exist when AM power levels were first established. The petition was drafted by an engineer, who argues that, as the amount of background noise from all sorts of electronic devices has increased, so has the noise on the AM band. He believes that the only way to make the AM signal usable is to vastly increase power on all stations. As the stations would maintain their relative power levels towards each other, he claims that there would not be increased interference between AM stations – but that the increased power levels would overcome the background noise. However, because of AM skywave issues, the petition suggests that nighttime power levels remain at their current levels.
How realistic is this proposal? The petition recognizes that, in border areas, the power increase could not happen without international coordination and the amendment of existing treaties. But, given the proposed high power for AM stations and the cumulative effect that their signals can have on distant stations, this increase could seemingly affect international AM stations even if the US stations increasing power are far from the border. However, the use of AM stations has been decreasing in some countries – in Canada, a number of AM stations have already ceased operating, so maybe the international implications could be overcome given enough time.Continue Reading An Across-the-Board AM Power Increase to Overcome Electronic Interference?
