Here are some of the regulatory and legal actions in 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.

  • In connection with the Commission’s required monthly Open Meeting which was held last week, the FCC adopted two items of importance to broadcasters, which we previewed in last week’s update.
    • The first item adopted new rules implementing streamlined and standardized public notice obligations associated with various broadcast applications. The revised rules abolish requirements for printed notices in local newspapers and pre-filing announcements for license renewal.  (News Release)  (Second Report and Order).  The effective date of these changes will be announced later, although in a separate Order, the FCC immediately waived the requirement for license renewal pre-filing announcements for all future renewal windows.   The requirements for license renewal post-filing announcements are unchanged
    • The second item proposed for public comment the amounts of the annual regulatory fees to be paid in September by broadcasters and other FCC-regulated communications entities.  In addition to asking for comments on the allocation of the fees to be paid, the FCC asks if it can do anything to assist those who pay the fees in light of the current pandemic.  While the FCC is required by Congress to collect the regulatory fees, it asks if there are actions it can take while still complying with its statutory obligations, e.g. by allowing some companies to pay their fees over a greater period of time.  The FCC also completed the transition of TV fees to a system based on population in a station’s service area instead of the size of the market in which the station operates.  It also reduced the fees to be paid by certain VHF television broadcasters.  The comment period for the proposed 2020 regulatory fees will be set after the notice is published in the Federal Register.  (Report and Order and Notice of Proposed Rulemaking).

Continue Reading This Week at the FCC: May 9, 2020 to May 15, 2020

Each week, we summarize some of the regulatory and legal actions of the last week significant to broadcasters – both those from the FCC and those taken elsewhere –with links to where you can go to find more information as to how these actions may affect your operations.  Here is this week’s list of significant

The FCC last week announced an extension of the deadline for initial comments in its proceeding to examine the regulatory fees that are paid by VHF television stations. We wrote here about this Further Notice of Proposed Rulemaking, which asked questions including whether VHF television stations and stations in the FCC’s incubator program

The FCC’s Further Notice of Proposed Rulemaking on annual regulatory fees was published in the Federal Register this week, setting the comment date in that proceeding as November 22, with reply comments due December 23. As we wrote when the FCC’s fee decision for 2019 fees was released, this Further Notice is

The FCC is beginning to consider the amount of annual regulatory fees to be paid by broadcasters and other entities regulated by the FCC.  These fees should be due in August or September of this year, prior to the start of the government’s fiscal year on October 1.  To begin the review process, the FCC issued a notice of proposed rulemaking setting out its proposed fees for this year, as well as highlighting a few issues for public comment concerning the computation of fees in the future.  Comments on the FCC proposals are due on July 7, with reply comments a week later.

Regulatory fees are to be paid by entities regulated by the FCC in proportion to the costs of their regulation, computed by the number of FCC employees who are tasked with administering the rules for a particular service.  Congress tells the FCC how much the FCC needs to raise from fees, and the FCC divides up that burden by the number of “full time equivalents” (FTEs) who are assigned to regulating a particular service.  The FCC spends much time in its NPRM evaluating how to assign the responsibility for various employees to a particular service in order to arrive at the proper allocation of fees.  The Commission asks for comments on these proposals which, when adopted, might affect the allocation of fees to the entities regulated by the Media Bureau (like broadcasters) and by those regulated by other FCC bureaus.  The Commission also noted a few broadcast-specific proposals.
Continue Reading FCC Seeks Comments on Proposals for This Year’s Regulatory Fees