A decision from the past week shows that the FCC shows no mercy for broadcasters who don’t know the rules, even when the broadcaster attempts to comply.  The FCC proposed a $369,190 fine against a Texas TV station because the station’s employees did not know how to properly participate in the 2018, 2019, and 2021 nationwide Emergency Alert Service tests.  According to the Notice of Apparent Liability, the station employees apparently knew that Nationwide EAS Tests were to be conducted in these years.  But, from the recitation of the facts, it appears that the station employees did not understand what was supposed to happen during these tests.  Rather than retransmitting the test alert conveyed either by IPAWs (the internet-based delivery system for EAS alerts) or by the traditional over-the-air daisy chain transmission, the station itself created an alert using the test language from some old alerts and transmitted that information on the air.  As the FCC noted in the Notice, that is not what the rule requires and does not further the purpose of the test as it does nothing to show whether the EAS alerting system works to pass along messages from the alert originator to the stations and then to the public.

This issue was compounded by the station filing reports on its participation in the test in the EAS Testing Reporting System certifying that it had received the alerts and retransmitted them as required by the rules.  While the station claimed that it tried to comply with the EAS testing requirements and that its failure to live up to the letter of the law was due to its inexperienced staff not knowing how to receive and retransmit the actual EAS test signals, the FCC rejected the station’s argument.  In fact, the Commission decided to propose more than the base fines for these violations (base fines are on the order of $8000 for each of the four violations, plus separate fines for the reporting issues) because of their repeated nature and given the fact that the apparent violations relate to public safety issues. The large fine for these violations illustrate several concerns for broadcasters – including that ignorance is no excuse for broadcast violations.Continue Reading A $369,190 Proposed Fine for Improper Participation in EAS Tests Shows that Ignorance of FCC Rules Is No Excuse for Noncompliance

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 an Order increasing by an average of more than 17% its application fees, including those for broadcast

On paper, this October appears to be a busy month for regulatory deadlines.  But the lack of congressional action to fund the federal government for the coming year (or “continuing resolutions” adopted to allow government agencies to function at their current levels) is making a federal government shutdown appear inevitable.  If a government shutdown does occur, the FCC, the FTC, and the Copyright Office may also shutdown – which, as with previous shutdowns, may result in many of the regulatory deadlines discussed below being delayed. 

According to the August 2023 FCC Shutdown Plan, if a potential lapse in appropriations is imminent, the FCC will determine whether and for how long prior year funds will be made available to continue all agency operations during a lapse.  To date, however, the FCC has not stated whether it plans to remain open – and if so, for how long – if a government shutdown does occur.  Details from the FCC and other agencies should be released shortly given the shutdown that may well occur this weekend. 

Until we receive such guidance, the tentative October regulatory deadlines for broadcasters are provided below.  Even if the government does shut down, these dates will likely be rescheduled for soon after the funding issue is resolved.  So, let’s look at the upcoming deadlines. Continue Reading October Regulatory Dates for Broadcasters – Nationwide EAS Test, Annual EEO Public File Reports, Retransmission Consent Elections, Biennial Ownership Reports, and More (If the Government is Open)

On the anniversary of September 11, it seems appropriate to highlight the upcoming October 4 Nationwide Test of the EAS system.  While EAS was not activated during the September 11 emergency, the events of that date have provided much impetus for federal emergency authorities to strengthen the EAS system.  Part of that effort has been the regular testing of the Nationwide EAS alert system.  As we wrote in August, the Federal Emergency Management Agency (FEMA) has scheduled a nationwide EAS test for October 4, 2023, at approximately 2:20 pm EDT, using the Internet-based Integrated Public Alert and Warning System (IPAWS) (with a back-up date of October 11 if necessary).  In a Public Notice released in August, the FCC set out steps that broadcasters should take to prepare for that test.

Just last week, the FCC’s  Public Safety and Homeland Security Bureau released a further Public Notice to remind Emergency Alert System participants of their obligation to ensure that EAS alerts are accessible to persons with disabilities.  For TV stations, to be visually accessible, the EAS text must be displayed as follows:

  • At the top of the television screen or where it will not interfere with other visual messages (e.g., closed captioning),
  • In a manner (i.e., font size, color, contrast, location, and speed) that is readily readable and understandable (see below),
  • Without overlapping lines or extending beyond the viewable display (except for video crawls that intentionally scroll on and off the screen),
  • In full at least once during any EAS message. Text should scroll at a speed that allows viewers to read the crawl as if they were going to read it aloud, and
  • The background and text colors should sufficiently contrast to allow for readability. For example, a bright green background with white text may not provide sufficient contrast. Green and red should also be avoided as viewers who are color blind have difficulty seeing these colors.

In addition, the audio portion of an EAS message must be played in full at least once to ensure it is accessible to viewers who are blind or have low vision and should be spoken at a pace that allows for a listener to understand the content. Continue Reading Reminder: September 15 Deadline for Updating ETRS Form One in Preparation for Nationwide EAS Test, and an FCC Notice on the Accessibility of EAS Messages

Here are some of the regulatory developments of significance to broadcasters from the past two weeks (including events that occurred during our hiatus for the Labor Day holiday), with links to where you can go to find more information as to how these actions may affect your operations.

  • The Senate approved Anna Gomez to be

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.

  • By a Public Notice issued on December 15, the FCC’s Public Safety and Homeland Security Bureau told broadcasters to submit

Here are some of the regulatory developments from 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.

  • At the last minute, the deadline for broadcasters to pay their annual regulatory fees was extended to Monday, September

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

  • The FCC and FEMA conducted their annual Nationwide Test of the EAS system on Wednesday, August 11. All broadcasters should