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
During her address today at the 2023 NAB Show, FCC Chairwoman Jessica Rosenworcel shared two developments in the Next Generation Television (“Next Gen TV” or “ATSC 3.0”) rulemaking. The Future of Television Initiative The Chairwoman introduced the Future of Television initiative (the “Initiative”), a private-public leadership group hosted by the NAB, dedicated to “develop[ing] a … Continue Reading
On March 30, 2023, the FCC released a Notice of Proposed Rulemaking (“NPRM”) seeking comment on the following proposed rules for a one-year filing window for eligible LPTV stations to apply for conversion to Class A designation: Eligibility Requirements The Commission proposes three eligibility requirements that LPTV stations must meet to apply for conversion to … Continue Reading
On March 17th our very own Frank Montero and Seth Williams presented a lecture on how to close a broadcast station acquisition to the latest class of industry leaders. The session was part of the National Association of Broadcasters Leadership Foundation’s Broadcast Leadership Training Program (BLT). We are thrilled to be among the supporters of … Continue Reading
This is a reminder that the FCC previously advised that parties that are Emergency Alert System (“EAS”) Participants, which would include not only virtually all broadcast stations, but also, wired and wireless cable television systems, Satellite Digital Audio Radio Service, and wireline video systems, must submit Form One filings for calendar year 2022 in the … Continue Reading
With the new year around the corner, it is that time of year when we start to fill out upcoming deadlines in our new calendars! Below find a list of the approaching broadcast deadlines to keep an eye on. January 10, 2023 Issues/Programs Lists – For all commercial and noncommercial radio, television, and Class A television … Continue Reading
On December 1, 2022, the Federal Election Commission (“FEC”) adopted a proposal to extend its disclaimer rules to certain types of digital advertising appearing on digital platforms in addition to websites. Before these new FEC rules become effective, they must be transmitted to the heads of both the House of Representatives and the Senate for … Continue Reading
The Federal Communications Commission released a reminder that as of January 1, 2023, the audio description rules adopted in the Commission’s 2020 Audio Description Order will go into effect in the following designated market areas (“DMAs”): Madison Waco-Temple-Bryan Harlingen-Welasco-Brownsville-McAllen Paducah-Cape Girardeau-Harrisburg Colorado Springs-Pueblo Shreveport Syracuse Champaign and Springfield-Decatur Savannah Cedar Rapids-Waterloo-Iowa City and Dubuque The … Continue Reading
To accompany its recently adopted modifications to the requirements for the Emergency Alert System (“EAS”), the Federal Communications Commission (“FCC”) has issued a Notice of Proposed Rulemaking (“NPRM”) to address the FCC’s ongoing concerns about operational readiness and the security of the EAS system from being acted or otherwise misused by bad actors. Comments on … Continue Reading
The Federal Communications Commission (“FCC”) recently adopted modifications to the requirements for the Emergency Alert System (“EAS”), and the new rules will go into effect on December 12, 2022. Fortunately, however, EAS participants, which include most radio and television stations, have one year, until December 12, 2023, in which to make the necessary changes to … Continue Reading
This week, the FCC issued a Forfeiture Order imposing a penalty of over $500,000 against Gray Television, Inc. for violating the FCC’s rule prohibiting ownership of two top-four television stations in the same Nielsen Designated Market Area (DMA). Gray acquired the CBS network affiliation for KTVA(TV), Anchorage, Alaska, and the FCC found that this action … Continue Reading
With midterm elections fast approaching, candidates for public office and advocates for a variety of political issues are looking to radio and television broadcasters to get their message out. However, broadcasters need to keep in mind that airing these ads comes with upload requirements to a station’s political file, which is located within its online … Continue Reading
2022 Upcoming Broadcast Deadlines September Annual Regulatory Fees – On a date not yet determined, but certainly before September 30, 2022, annual regulatory fees will be due. These will be due and payable for Fiscal Year 2022 and will be based upon a licensee’s/permittee’s holdings on October 1, 2021, plus anything that might … Continue Reading
Earlier this year, new FCC rules went into effect requiring radio and television stations to broadcast Sponsorship ID disclosures for programming provided by foreign governmental entities. Yesterday, the federal Court of Appeals for the D.C. Circuit struck down one part of those requirements: the requirement for broadcasters to independently confirm the sponsor’s status by consulting … Continue Reading
The FCC has just released a Third Further Notice of Proposed Rulemaking (FNPRM) https://docs.fcc.gov/public/attachments/FCC-22-47A1.pdf seeking comments on the state of the Next Generation Television (“Next Gen TV” or “ATSC 3.0”) transition, and on the scheduled sunset of two rules adopted in 2017. Generally, the FNPRM seeks comments on the progress of broadcasters’ voluntary deployment of … Continue Reading
The FCC has set the comment period in the FM6 (a/k/a Franken FM) proceeding. Comments with respect to the FCC’s May 18th Notice of Proposed Rulemaking (NPRM) will be due on July 18th, 2022. Reply comments will be due on August 1, 2022. Those who wish to comment should refer to the filing instructions provided … Continue Reading
The Incentive Auction Task Force and Media Bureau (Bureau) has released a public notice reminding all low power TV and TV translator (LPTV/translator) stations, multichannel video programming distributors (MVPDs), and FM stations that they must submit all remaining invoices in the TV Broadcaster Relocation Fund no later than September 6, 2022. All licensees are encouraged … Continue Reading
When the Federal Communications Commission meets on June 8, it is slated to issue a Notice of Proposed Rulemaking regarding FM6 stations, commonly referred to as “Franken FMs.” The FCC has released a draft of the Notice of Proposed Rulemaking that is expected to be adopted at its June 8th meeting. This will be the … Continue Reading
On Friday, May 27th, the FCC issued a Public Notice announcing that the Legacy Commission Registration System (Legacy CORES) – currently used to obtain and update FRNs for individuals, licensees and other entities doing business with the FCC – would be decommissioned on Friday, July 15th, 2022 at 6pm. After that time, the current Commission … Continue Reading
Social media has been exploding with news about the defamation trial between Johnny Depp and Amber Heard in Fairfax County, Virginia. Fletcher, Heald attorneys have considerable experience with this court and this type of claim. As such, we thought our Commlawblog readers might be interested in a breakdown of what is really going on here … Continue Reading
The FCC has released a draft Report and Order to amend its broadcast radio rules to allow the use of computer models to verify antenna directional patterns. Barring unexpected developments, the Report and Order will be adopted during the Commission’s May 19th open meeting This proposed rule changes are great news for applicants – under … Continue Reading
The FCC announced this week that various additional applications must soon be submitted through the LMS online electronic system. Specifically, commencing May 17, 2022, the following filings are required to be submitted through LMS: FM Engineering Special Temporary Authority (STAs) Request for Silent STA Extension of Silent and Engineering STA Suspension of Operations Notification Resumption … Continue Reading
June 1, 2022 Television License Renewal Applications Due – Applications for renewal of license for television stations located in Arizona, Idaho, Nevada, New Mexico, Utah, and Wyoming must be filed in LMS. These applications must be accompanied by Schedule 396, the Broadcast EEO Program Report, also filed in LMS, regardless of the number of full-time … Continue Reading
On March 25th our very own Frank Montero and Seth Williams presented on the subject of broadcast station acquisitions to the most recent class of industry leaders. This training was part of the NAB Leadership Foundation’s Broadcast Leadership Training Program (BLT). FHH is a proud sponsor and provides several faculty members to the BLT program. … Continue Reading
