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In May, the FCC voted to change its requirements for public notices of broadcast applications (see our post here) – standardizing the messages that must be conveyed to the public and eliminating the need for newspaper publication in those instances where it was still required.  The new rules also require that each commercial station include a link on its website to another webpage where public notice of pending applications is provided, and that link needs to be maintained whether or not a commercial station has any applications requiring public notice pending.  That decision will become effective tomorrow (October 30) based on its publication in the Federal Register today.  So we thought that we would revisit the summary we provided of the changes in the notice rules.

When a broadcaster files certain types of applications with the FCC, the public must be informed.  In May, the FCC issued its Order changing the rules regarding the public notice that must be given – consolidating what was a confusing process with different language and timing for notice about different types of applications into one providing standardized disclosures and scheduling for all public notices.  The decision (which is effective tomorrow) eliminates obligations for the newspaper publication that was required for some public notices.  It also requires the inclusion of a permanent “FCC Applications” link on the homepage of each commercial station’s website, whether or not they have any applications pending (noncommercial stations only need to include a link when they have applications pending and their stations are not operational and cannot broadcast the required notice).  Let’s look at some of the other changes that are now effective.
Continue Reading Changes to FCC Public Notice Requirements Effective October 30 – New Link Required on Commercial Station Websites

When a broadcaster files certain types of applications with the FCC, the public must be informed.  Last week, the FCC issued an Order which will change the rules regarding the public notice that must be given – consolidating what was a confusing process with different language and timing for notice about different types of applications into one providing standardized disclosures and scheduling for all public notices.  The decision (once it becomes effective) will eliminate obligations for the newspaper publication that was required for some public notices and also ended the obligation of broadcasters to give a “pre-filing public notice” before the submission of a license renewal application.  It will also require the inclusion of an “FCC Applications” link on the homepage of each commercial station’s website, whether or not they have any applications pending.  Let’s look at some of the changes adopted in last week’s Order.

First, the FCC did not change the requirements as to what applications require notice to the public.  Public notice is required for applications for new stations and major technical changes, for assignments (sales) or transfers of station licenses (except for pro forma changes where there is no real change in control over the station), for license renewal applications, minor change technical applications that involve a city-of-license change, and certain applications involving international broadcast stations or the export of programming to foreign stations to be rebroadcast back into the US.  Notice of designation for hearing of any application is also required.  We will concentrate here on the more common applications for changes to US stations, sale and license renewals.
Continue Reading Looking at Changes to the FCC’s Public Notice Requirements for Broadcast Applications

As more and more broadcasters create and use websites (and, to some extent, are required to post more information on those sites by the FCC, see our post here), they should be cautious about the legal liabilities that arise from these sites.  For instance, as websites are used to gather personal information for listener’s clubs…