The FCC this week released its agenda for its October 27 open meeting.  At that meeting the FCC will consider a number of issues of relevance to broadcasters, including enhanced white space use in the TV band and an expansion of the requirement for audio description of video programming.  It also plans to adopt an order authorizing licensees of AM stations to voluntarily transition to all-digital AM operations.  A draft order setting out the FCC’s decision and the rules that it intends to adopt for all digital AM operations was released yesterday.   We wrote previously about this proceeding on all-digital AM as it has progressed through the FCC (see our articles here and here).

The draft order on all-digital AM contains a discussion as to whether the Commission should put limits on the ability of AM licensees to transition so as to not take away service from existing listeners who do not have digital AM radios.  The conclusion set out in the draft order is that there should not be restrictions on the ability of licensees to convert to all-digital operations.  The FCC noted that as long as there are a substantial number of listeners without digital AM receivers, some AM licensees will have an economic incentive to continue to broadcast an analog signal.  Thus, these analog listeners will not be left without service.  The FCC also noted that its recent order abolishing the prohibition on radio stations duplicating the programming of commonly-owned stations serving the same area (see our articles here and here) would allow one owner to put the same programming on two AMs in the same area – one providing a digital program stream while the other continued analog operations.  Thus, the FCC’s tentative decision is that there is no need to restrain stations from making the conversion.
Continue Reading FCC Announces Plans to Authorize All-Digital AM Radio at October 27 Open Meeting

While we are approaching the end of summer in this most unusual year, the regulatory dates keep coming, though perhaps a bit slower than at other times of the year.  One of the big dates that broadcasters should be looking for is the announcement of the Annual Regulatory Fees that will likely be paid sometime in September.  This year, there has been much controversy over those fees, with the FCC proposing that broadcasters’ fees should go up even though the FCC’s budget is flat, while the NAB has argued that they should remain flat or decrease.  And many broadcast groups have argued for liberal waivers of the fee requirement in this year of the pandemic when so many stations were hit so hard by the economic downturn.  Watch for this decision – likely toward the end of the month.

The license renewal cycle continues in August for both radio and TV.  Full-power TV, Class A TV, TV translator and LPTV stations in North Carolina and South Carolina and full-power AM, FM, FM translator, and LPFM radio stations in Illinois and Wisconsin should be putting the finishing touches on their license renewal applications—due to be filed on or before August 3 (the deadline being the 3rd as the 1st of the month is a Saturday).  While stations are no longer required to air pre-filing announcements, the requirement to air post-filing announcements remains.  Those announcements must begin airing on August 1 and continue through October.  See our article about how to prepare for license renewal here.
Continue Reading August 2020 Regulatory Dates for Broadcasters:  TV and Radio License Renewals, EEO Reporting, FCC Open Meeting, Broadcast Internet Comments and More

FCC rules currently prohibit radio stations in the same service (AM or FM) that have over 50% overlap of their principal community contours (the 70 dBu for FM stations and the 5 mV/m contour for AM stations) from duplicating more than 25 per cent of the total hours in their average programming week.  In preparation for the FCC’s open meeting on August 6, the FCC last week released its draft order proposing to eliminate that rule as to AM stations (as we wrote on Friday).  As the draft order looks to eliminate the rule only for AM stations while retaining that rule for FM stations, it is worth taking a deeper look at this tentative decision particularly as one of its implications is that the FCC may well be allowing AM stations to transition to all-digital operations.

The draft decision provides two reasons for eliminating the rule for AM stations.  First, it suggests that the challenging economic and competitive status of AM radio justifies the decision to allow duplication by AM stations that operate in the same area. Keeping a station operational and providing some service is preferred over letting that station go silent.  The economic condition of the AM band was determined to alone be justification for the decision to permit duplication.  But the FCC provided a second reason – one that suggests that the FCC is seriously considering the proposal (about which we wrote here and here) to allow for all-digital AM stations.  In the draft order, the FCC says that allowing AM program duplication would provide an opportunity for an AM station to go all-digital while still broadcasting its programming on another AM station in the current analog format – allowing listeners to hear the station even if they do not yet have a digital AM receiver.
Continue Reading A Deeper Look at the FCC’s Proposal to Eliminate Program Duplication Rules for AM But Not FM Stations – Looking to All Digital AM? 

Here are some of the FCC regulatory and legal actions of the last week—and congressional action in the coming 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.

  • The Media Bureau reminded broadcasters that July 13, 2021—the hard deadline

The FCC earlier this week released its agenda for its August 6 open meeting.  That agenda includes two items of relevance to broadcasters.  First, it proposes to eliminate the rule that prohibits two commonly-owned AM stations (including stations that are under common control or covered by a Time Brokerage or Local Marketing Agreement) that