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.

  • President Biden signed a Continuing Resolution passed by Congress averting a federal government shutdown that was to begin on January

Expecting quiet weeks, we took the holidays off from providing our weekly summary of regulatory actions of interest to broadcasters.  But, during that period, there actually were many regulatory developments.  Here are some of those developments, with links to where you can go to find more information as to how these actions may affect your

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 a last-minute reprieve, the House and Senate agreed on Saturday, September 30 to fund the government for another 45

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.

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.

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.

  • Since the February 24 hearing designation order (HDO) from the FCC’s Media Bureau referring questions about Standard General Broadcasting’s proposed

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 US Court of Appeals for the District of Columbia Circuit held an oral argument on the appeals of three

The FCC’s Audio Division, in the latter part of the license renewal cycle for radio stations, seems to have adopted a more aggressive position on stations that were silent for extended periods of time during their license term.  In our summary of last week’s events of importance to broadcasters, we noted one case where an Oklahoma AM station was granted a license renewal for a one-year term, instead of the normal eight years, because the station had been silent for 50% of its license term.  Yesterday, another decision was issued granting the license renewals of 7 Texas stations for only one year because these stations had been silent for 25% of their license term (as well as a significant period of time after the license renewal applications were filed).  These and other decisions in recent months show that the FCC is cracking down on stations that are silent for extended periods of time, even if those periods of silence had been authorized by the FCC pursuant to a request for special temporary authority to remain silent.

In each of these decisions, the FCC notes that silent stations cannot be serving the public interest.  When they are silent, they are not providing information to local residents, nor are they relaying EAS alerts.  As the stations are falling short on their obligation to serve the public by extended periods of silence (even if those periods of silence are authorized), the FCC has been issuing these short-term renewals to be able to monitor the performance of these stations to assure that they are continuing to operate during the next year – rather than having to wait until the end of a normal 8-year term to decide if the station has been serving the public.
Continue Reading FCC Cracking Down on Long Periods of Station Silence – Short-Term Renewals for Radio Stations Silent More than 25% of License Term

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 rejected a request that it reconsider its December 2020 decision to end a proceeding to set aside one

Here are some of the FCC regulatory and legal actions of the last week of significance to broadcasters — with a quick look at the week ahead— with links to where you can go to find more information as to how these actions may affect your operations.

  • As protests and civil unrest over George Floyd’s killing roiled cities across the country, FCC Chairman Ajit Pai commended local broadcasters for their coverage of the events and their willingness to put themselves at personal risk to share these stories with America (News Release). Commissioner Starks called for more diversity in media ownership (News Release). We explained the minority tax certificate on our blog here.  The tax certificate has historically been one of the most effective means of promoting diversity in broadcast ownership.
  • The FCC issued a Public Notice setting out proposed lump sum payments for reimbursement of the costs for the relocation of authorized C-Band satellite earth stations following the repurposing of some of that band for 5-G wireless uses. The notice is scheduled to be published in the Federal Register on Monday, setting a June 15 comment deadline on the proposed payments.
  • The Media Bureau reminded LPTV and TV translator stations operating on channels 38, 44, 45 and 46 that they must cease operations no later than 11:59 pm local time on July 13, 2020. The July 13, 2020 date for cessation of operations is a hard deadline, tied to the end of the post-Incentive Auction transition period.  (Public Notice)
  • The Media Bureau opened a settlement window running through July 31 for applicants for new or modified LPTV stations or TV translators, originally filed in 2009, that had filed for new channels or new technical facilities because use of their old channels was preempted by the incentive auction repack.  Where more than one applicant applied for the same new channel in the same area, those applicants can file to make engineering changes to their applications (including, if no other solutions are possible, changing channels yet again) or to reach other settlements (including channel sharing) to resolve their conflicts by the July 31 deadline.  (Public Notice)(see our summary of both LPTV items on the Broadcast Law Blog).
  • The FCC released a list of 515 open proceedings from across its bureaus that it plans to close due to dormancy. A proceeding makes the proposed closure list when it requires no more action, no more action is planned, or no filings in the docket have been made for several years.  Interested parties can review the list and submit comments urging the Commission to either keep open or close permanently items that appear on the list.  (Public Notice)
  • The Media Bureau issued a decision reviewing Section 312(g) of the Communications Act which automatically cancels a station’s license if it has been silent for 12 months, absent special circumstances. The decision is particularly useful in explaining the special circumstances that can justify the preservation of a license, and the way that the FCC assesses the period that a station was silent.  (Letter)
  • Two Notices of Apparent Liability that came out of the Commission this week serve as good reminders during this license renewal cycle that you do, in fact, have to file an application to renew your license.
    • In one case, a Virginia AM station was hit with a $7,000 fine for failing to file for license renewal and then operating the station after its FCC authorization had expired. In the end, the Commission levied the fine, but also found that the station’s license should be renewed for a “short-term” two-year license term instead of the typical eight-year term.  (Notice of Apparent Liability)
    • In a second case, a Florida low power FM failed file an application for license renewal on January 27, 2020 that was due on or before October 1, 2019, without providing an explanation for the late filing. The Commission levied a $1,500 fine against the station and will consider the license renewal application at a later time.  (Notice of Apparently Liability)

Continue Reading This Week at the FCC for Broadcasters: May 30, 2020 to June 5, 2020