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  • 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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  • The FCC announced that May 23 is the effective date of its January Order increasing its application fees, including those
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  • The NAB and SoundExchange filed with the Copyright Royalty Board a proposed settlement of the pending litigation over the 2026-2030
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  • In an effort to exert more control over independent federal agencies, including the FCC, President Trump signed an Executive Order
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It’s a new year, and as has been our custom at the beginning of each year, we dust off the crystal ball and take a look at what we think may be some of the significant regulatory and legislative issues that broadcasters will be facing in 2025.  This year, there is an extra layer of uncertainty given a new administration, both in the White House and at the FCC.  Already, it appears that a new administration will bring new priorities – some barely on the radar in past years – to the top of the list of the issues that broadcasters will need to be carefully monitoring.

One of those issues has been a possible FCC review of the meaning of the “public interest” standard under which all broadcasters are governed.  As we wrote when President-Elect Trump announced his pick for the new FCC Chair starting on Inauguration Day, Chair-Designate Brendan Carr has indicated that this public interest proceeding will be a high priority.  In his opinion, broadcasters, or perhaps more specifically the news media, have suffered from an erosion of trust, and it has been his expressed opinion that a reexamination of the public interest standard might help to restore public trust.  We noted in our article upon his selection that this is not the first time that there has been a re-examination of that standard.  It has traditionally been difficult to precisely define what the standard means.  In the coming days, we will be writing more about this issue.  But suffice it to say that we are hopeful that any new examination does not lead to more paperwork obligations for broadcasters, as seemingly occurred whenever any broadcast issue was addressed by the current administration.  As we note below, there are several paperwork burdens that we think may disappear in the new administration, so we are not expecting more paper – but we will all need to be carefully watching what develops from any re-examination of the public interest standard.Continue Reading Looking Into the Crystal Ball – What Legal and Policy Issues are Ahead for Broadcasters in 2025?

With the election over, broadcasters and their Washington representatives are now trying to decipher what the next administration will have in store at the FCC and other government agencies that regulate the media.  Already, the DC press is speculating about who will assume what positions in the government agencies that make these decisions.  While those speculations will go on for weeks, we thought that we would look at some of the issues pending before the FCC affecting broadcasters that could be affected by a change in administration.

There are two issues presently before the courts where the current Republican Commissioners dissented from the decisions which led to the current appeals. The FCC’s December 2023 ownership decision (see our summary here) is being appealed by both radio and television interests, arguing that the FCC did not properly relax the existing ownership rules in light of competition from digital media, as required by Congress when it established the requirement for Quadrennial Reviews to review the impact of competition and assess whether existing radio and TV ownership rules remain “necessary” in the public interest.  While briefs have already been filed in that case, it will be interesting to see how the new administration deals with the issues raised, as both sitting Republican Commissioners dissented, saying that the FCC should have considered digital competition in substantially relaxing those rules (see Carr dissent here and Simington Dissent here).  Even if the change in administration does not change the Commission’s position in court, the 2022 Quadrennial Review has already been started (see our article here), so a new administration already has an open proceeding to revisit those rules.Continue Reading How FCC Regulation of Broadcasters May Change in a New Administration  – Looking at the Pending Issues

October is, on paper, another busy month of regulatory deadlines for broadcasters.  But there is again the looming possibility of a federal government shutdown beginning October 1 if Congress fails to fund the government for the coming year (or pass a “continuing resolution” to allow government agencies to function at their current levels).  While as of today there are reports of a plan to extend funding through December, until a continuing resolution is passed, the threat remains.  If a shutdown does occur, the FCC, the FTC, and the Copyright Office may have to pause their operations which may result in some of the regulatory deadlines discussed below being delayed.  However, in some cases agencies have leftover funding to keep them functioning for a few extra days.  Stay tuned to see if any of the dates below have to be rescheduled. [Update – 9/26/2024, 9:00 AM – a continuing resolution extending government funding through December 20 was passed late yesterday by both the House and the Senate averting, for now, the shutdown about which we were concerned. Thus, the deadlines listed below are in effect as scheduled]

Assuming this recurring issue is resolved, let’s look at some of the October dates and deadlines, starting with the routine dates of importance to broadcasters. October 1 is the deadline for radio and television station employment units in Alaska, American Samoa, Florida, Guam, Hawaii, Iowa, Missouri, Northern Mariana Islands, Oregon, Puerto Rico, the U.S. Virgin Islands, and Washington 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 October 2024 Regulatory Dates for Broadcasters – Quarterly Issues Programs Lists, Annual EEO Public File Reports, ETRS Form One, Comment Deadlines, and More

  • The FCC released its Second Report and Order setting the annual regulatory fees that broadcasters must pay for 2024. 
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