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
On October 30, 2023, the FCC released yet another list of broadcast stations that will be audited regarding their compliance with the FCC’s Equal Employment Opportunity (“EEO”) rules. Licensees of the audited stations will have to upload their audit responses to their online public inspection files by December 14, 2023. Approximately twice per year, the … Continue Reading
The FCC has issued a proposal that would allow more FM stations to increase digital power and allow asymmetric power on digital sidebands. Interested parties have until September 21 to file comments. Reply comments are due October 6. Power Increase for Digital FM Stations In the Order and Notice of Proposed Rule Making (NPRM) released … Continue Reading
The Federal Emergency Management Agency (“FEMA”) and the Federal Communications Commission (“FCC”) have announced that a nationwide test of the Emergency Alert System (“EAS”) will take place on October 4, 2023, at 2:20 pm EDT. As we previously reported, EAS participants, with limited exceptions, should have already filed their ETRS Form 1 providing the FCC … Continue Reading
This week, the FCC announced that between September 1, 2023 and November 8, 2023, it will not accept LPFM and FM translator minor modification applications. This application freeze arises in conjunction with the filing window for LPFM construction permits, which will be open from November 1, 2023 through November 8, 2023. More details regarding this … Continue Reading
This week, the Commission issued a Public Notice announcing that the filing window for submitting biennial ownership reports will open on October 2, 2023. All licensees of commercial and non-commercial full power television, Class A television, low power television, AM radio, and FM radio stations, as well as any entity having an attributable interest such … Continue Reading
While it’s only July, TV station licensees should be mindful of an October 1st deadline for uploading to their station online public information file (“OPIF”), the station’s election of cable TV/satellite must-carry or retransmission consent status. Under the FCC’s rules, for full power and certain Class A/Low Power commercial TV stations, there is a three-year … Continue Reading
In a recently released Third Report and Order, the FCC has revised its Next Generation Broadcast Television (ATSC 3.0 or Next Gen TV) rules to enhance the transition from the current TV technology (ATSC 1.0). Among other things, the Order allows a Next Gen TV station to modify its license to include certain non-primary video … Continue Reading
On June 22, the FCC announced that a filing window for applications for new low power FM (LPFM) station construction permits will open on November 1, 2023 and close on November 8, 2023. LPFM proposals in the entire FM band, from channels 201 to 300, will be eligible for filing during this window. This LPFM … Continue Reading
The Oregon Association of Broadcasters honored retired Fletcher, Heald & Hildreth attorney Matt McCormick with the Tom McCall Leadership Award, which honors an individual for their outstanding service to the state and/or nation on behalf of the broadcast industry. The entire FHH family joins the Oregon Association of Broadcasters in offering their warmest congratulations to … Continue Reading
The House Subcommittee on Communications & Technology on Wednesday, May 24th unanimously advanced a bill to renew the Federal Communications Commission’s (“FCC”) authority to auction commercial airwaves and use the proceeds to pay for both next generation 911 and the Secure and Trusted Communications Networks Reimbursement Program. The bipartisan 50-0 vote comes after the FCC’s … Continue Reading
June 1 Annual EEO Public Inspection File Report – Broadcasters with Station Employment Units comprised of radio and/or television stations with five or more full-time employees licensed to communities in Arizona, the District of Columbia, Idaho, Maryland, Michigan, Nevada, New Mexico, Ohio, Utah, Virginia, West Virginia, or Wyoming must upload to the stations’ respective Online … Continue Reading
On the heels of the expiration of the federal COVID-19 Public Health Emergency, the FCC has announced that they too will be rescinding some pandemic-related relief measures. As of Monday, May 15th, the FCC issued a Public Notice announcing that, effective immediately, broadcasters will no longer be permitted to exclude free time that they provide … Continue Reading
The FCC announced today via Public Notice that mid-term EEO reviews for radio stations in DC, Maryland, Virginia, and West Virginia will begin on June 1. We discussed EEO mid-term reviews earlier this year in anticipation of this announcement. The Public Notice stated that “each television station that is part of an employment unit of … Continue Reading
We remind radio licensees that Spring marks the mid-point of the current license term for some. This mid-point is significant because it marks the beginning of the period during which the FCC will conduct mid-term reviews to determine compliance with EEO requirements for radio station employment units that employ 11 or more full-time employees. Even … Continue Reading
April 1, 2023 Delaware or Pennsylvania Television License Renewal Applications Due – Applications for renewal of FCC licenses for television stations licensed to Delaware or Pennsylvania must be filed in LMS, the FCC’s online filing system. Schedule 396 the Broadcast EEO Program Report must accompany these applications. EEO Public File Reports – All licensed full-service radio and television broadcast stations, … Continue Reading