As has been widely publicized, the FCC has proposed that broadcasters be required to air an announcement for all political ads, including both candidate and issue ads that contain content generated by artificial intelligence (AI). The deadlines for comments on this proposal have now been set. Initial comments will be due by September 4, 2024, … Continue Reading
The FCC announced today that all EAS Participants must submit their annual Form One filings no later than October 4, 2024. EAS Participants are parties subject to the Emergency Alert System (EAS) rules. Virtually all broadcast stations, wired and wireless cable television systems, Satellite Digital Audio Radio Service, digital audio broadcasting systems, and wireline video … Continue Reading
On July 16th, the FCC announced that two changes to its sponsorship identification requirements for foreign government-provided programming, as detailed in its June 10th Second Report and Order, are set to become effective on August 15, 2024. Recall that the FCC modified its sponsorship identification rules in March of 2022 to require broadcasters to identify … Continue Reading
The FCC is now accepting letter requests from AM stations for pre-sunrise authorization (PSRA) and post-sunset authorization (PSSA). PSRA permits AM stations to operate at increased power during the two hours immediately preceding sunrise. PSSA allows for increased power for the two hours immediately following sunset. According to the FCC’s Public Notice, the Audio Division … Continue Reading
The FCC recently announced that August 2, 2024, is the effective date of its newly reinstated programming non-duplication rule for commercial FM stations. As we have previously noted here, that rule, which was reinstated in a June 2024 Reconsideration Order, prohibits commonly owned or operated commercial FM stations with overlapping service contours from duplicating more … Continue Reading
On June 20, the FCC released a Public Notice announcing a June 13 Petition for Rulemaking submitted by Commander Communication Corporation (“Commander”) to create a new FM station class “A10.” In its Petition, Commander proposed a new FM class with operating parameters of maximum of 10,000 watts effective radiated power (ERP) and 100 meters height … Continue Reading
Continuing its progression of reversals, the FCC announced on June 5, 2024 that it would once again reinstate section 73.3556 of the Commission’s rules (the “Radio Duplication Rule” or “Rule”) for commercial FM stations. The Radio Duplication Rule does not apply to noncommercial educational stations nor AM stations. As some of our readers might recall, … Continue Reading
On Monday of this week, the FCC issued a Second Report and Order amending and clarifying its rules concerning the disclosure of foreign sponsorship of programming. Amidst growing concerns regarding the potential influence of Russian, Chinese, and other foreign governments on recent U.S. elections, the FCC implemented new rules in 2022 requiring broadcasters to conduct … Continue Reading
The FCC has announced that the current freeze on major modification to Class A television, LPTV, and TV translator stations will be partially lifted to allow applications to change channels as of August 20, 2024, subject to certain limitations. Channel change applications will be permitted on a nationwide basis without geographic limitation. For the limited … Continue Reading
The FCC released a Public Notice today announcing a June 10-12 exercise of the Disaster Information Reporting System (DIRS). Communications providers, including broadcast, wireless, satellite, broadband, and wireline providers, interested in participating must register by June 3. DIRS is the FCC online system through which providers report information on the operational status of communications assets … Continue Reading
In late-breaking news, the Federal Trade Commission (“FTC”) has adopted a final rule banning new noncompete agreements for all workers and effectively nullifying existing agreements and requiring companies to notify most current and past employees that the company will no longer enforce such agreements. In a change from the prior FTC proposal, however, the agreements … Continue Reading
The FCC recently released a Notice of Apparent Liability (“NAL”) for a forfeiture of $8,000 that should be a cautionary tale for other broadcast licensees that conduct contests for listeners or viewers. This fine arose out of the station’s failure to conduct a contest in accordance with its announced terms, and specifically to make payment … Continue Reading
The FCC released a Public Notice today establishing deadlines for submitting comments on its proposed rules to permit limited, voluntary program origination on FM boosters. Comments must be filed no later than May 16. Reply comments must be filed no later than June 17. The proposed rules would provide flexibility for stations to use boosters … Continue Reading
At this year’s LPTV Broadcasters Association meeting during the NAB convention in Las Vegas, Peter Tannenwald, retired member of Fletcher, Heald & Hildreth, received the Mike Gravino Lifetime Achievement Award. This award recognizes individuals who contribute to the advancement of the low power TV industry and who exemplify the highest standards of excellence in their … Continue Reading
On April 2, 2024, the FCC released a Report and Order (“R&O”) and Further Notice of Proposed Rulemaking (“FNPRM”) adopting rule changes that will allow FM booster stations to originate up to three minutes of programming per hour. Prior to adopting the changes, the FCC generally defined a booster as a “fill-in” translator that is … Continue Reading
The FCC issued an Order last Friday reinstating the collection of workforce composition data for television and radio broadcasters, requiring broadcast licensees to file Form 395-B, which collects race, ethnicity, and gender information about the licensee’s employees, on an annual basis. The requirement to file Form 395-B had been suspended for almost 20 years, but … Continue Reading
On January 17, 2024, the FCC released a Notice of Proposed Rulemaking (“NPRM”) seeking comment on a newly proposed requirement for cable operators and direct broadcast satellite (“DBS”) providers, which, if enacted, would require those cable operators and DBS providers to make available rebates to their subscribers for programming blackouts caused by failed retransmission consent … Continue Reading
On January 17, 2024, the FCC released a Notice of Proposed Rulemaking (“NPRM”) seeking comment on a proposed rule that would prioritize review of certain broadcast applications filed by stations that certify that they provide locally originated programming. Eligible Stations Under the proposed rule, priority review would be available to radio and television stations (excluding … Continue Reading
On December 21, 2023, the FCC released a Notice of Proposed Rulemaking (“NPRM”) proposing new reporting requirements for multichannel video programming distributors (“MVPDs”). The amendments to the FCC’s rules, if enacted, would give MVPDs 48 hours to notify the FCC when a blackout of 24 hours or more of a broadcast television station, or stations, … Continue Reading
After receiving a mandated deadline from the U.S. Court of Appeals for the D.C. Circuit, the FCC presented its long-awaited Christmas gift to the broadcast industry with the December 26 release of the 2018 Quadrennial Review Report and Order (“R&O”). By a 3-2 vote, with both Republican commissioners dissenting, the R&O found that the FCC’s … Continue Reading
The Food and Drug Administration (“FDA”) has adopted a Final Rule requiring that when a direct-to-consumer TV or radio ad for a prescription drug makes statements relating to side effects of the drug, those statements must be presented in a “clear, conspicuous, and neutral manner.” This Final Rule implements one requirement of the Federal Food, Drug, and Cosmetic … Continue Reading
On December 12, 2023, the FCC adopted a Report and Order (“R&O”) providing certain qualifying Low Power TV (“LPTV”) stations with a limited opportunity to convert to Class A status. The R&O came after the FCC circulated a draft last month and implements the requirements of the Low Power Protection Act (“LPPA”), which is intended … Continue Reading
On November 22, 2023, the FCC circulated a draft Report and Order (“R&O”) that would, if adopted, provide some Low Power TV stations with the opportunity to convert their stations to Class A status. The draft Report and Order is slated to be voted on at the FCC’s next Open Meeting on December 13, 2023. … Continue Reading
We remind parties with 12.7 – 13.25 GHz (“13 GHz”) Broadcast Auxiliary/Cable Relay licenses that you have until November 29, 2023 to make a filing at the FCC to protect those licenses, as the FCC moves towards repurposing some or all of that band for other uses. In a May 19, 2023 Notice of Proposed … Continue Reading
