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LPTV-Translator Displacement and Companion Channel Freeze Lifted

The Federal Communications Commission (“FCC” or the “Commission”) has announced in a public notice on March 19, 2019, that it will lift the 9-year old freeze on applications for displacement relief and digital companion channels by Low Power Television and TV Translator stations (together, “LPTV”).  Applications will be accepted starting April 18, 2019. The new … Continue Reading

RMLC-GMR Continue to Fight (but Also Agree To Extend Interim License for Yet Another Six Months)

One of the most famous movie franchises ever is the “Rocky” series.  From its origin as an underdog story where an unknown fighter named Rocky Balboa shocks the world by taking heavyweight champion Apollo Creed the distance (spoiler alert: only to lose the fight but get the girl) through sequels II (Rocky Wins!), III (Mr. … Continue Reading

Broadcasters Seek New Business Opportunities Amid Legalization of Industrial Hemp Products (Including CBD Oil)

There’s a green wave coming in the form of expanding marijuana legalization across the US, and many of the people trying to take advantage of this green wave are also trying to turn it into another kind of green: money. Broadcasters are also looking to take advantage of these new revenue opportunities, but because marijuana … Continue Reading

Upcoming FCC Broadcast and Telecom Deadlines for March-May

Broadcast Deadlines – March 11, 2019: Additional Steps to Revitalize the AM Radio Service – Reply comments are due in response to the Federal Communications Commission (“FCC” or the “Commission”) Second Further Notice of Proposed Rulemaking with regard to revised alternative proposals regarding interference protection to Class A AM radio stations.… Continue Reading

FCC Ponders Revising Several NCE and LPFM Procedures

Anyone who has filed an application for a new noncommercial educational (NCE) station or a new Low Power FM (LPFM) station knows that many traps beset the unwary throughout the process.  If you fall into one of those traps, your chance of success can be severely injured.  On Valentine’s Day, the Federal Communications Commission (“FCC” … Continue Reading

FCC Eliminates EEO Mid-Term Report for Broadcasters

On February 14, 2019, the Federal Communications Commission (“FCC,” or the “Commission”) released a Report and Order in which it eliminated the requirement that certain broadcast television and radio stations file a Broadcast Mid-Term Equal Employment Opportunity (EEO) Report (Form 397).  As we reported back in January, the FCC found that the Form 397 reporting … Continue Reading

Now in Effect: FCC Eliminates Requirement to Post Licenses

As we reported back in December, the Federal Communications Commission (“FCC”) issued a Report and Order that would eliminate the need to post and maintain broadcast licenses at a physical location. The Commission’s stated goal is to modernize U.S. “media rules and remove unnecessary regulatory burdens that impede competition and innovation in the media marketplace.” … Continue Reading

A Word of Caution to Broadcasters Pertaining to E-Cigarette and Vaping Advertisements

Last month I participated in a webinar with my colleague Dan Kirkpatrick where we addressed the issue of advertising controversial products. While the topic of marijuana advertising (which we discussed in our webinar) gets much attention these days–especially with the recent decision by CBS to turn down a cannabis ad for the Super Bowl–we also … Continue Reading

Upcoming FCC Broadcast and Telecom Deadlines for February-April

You’ll find below the list of deadlines* facing broadcasters and telecommunications providers during the upcoming months of February, March, and April. If you noted the asterisk, it’s because the government shutdown may affect many of these deadlines, either because the relevant online filing system or the required information is not accessible. If that is the … Continue Reading

Webcaster Wake Up Call: The (Not Entirely) Shutdown Update

This is the promised follow up to our December 14, 2018 post regarding the compliance obligations for 2019 under the statutory licenses found in Sections 112 and 114 of the Copyright Act (the “statutory licenses”) allowing webcasters to make public performances sound recordings via digital audio transmission and to make related temporary copies of those … Continue Reading

Remember to Exercise Super Judgment When Discussing the Big Game

The matchup for the National Football League’s championship game, aka the “Super Bowl”, is set. The Los Angeles Rams will face the New England Patriots on Sunday, February 3 in Atlanta in a game that will be hard pressed to exceed either conference championship game in terms of excitement or controversy. Each of the NFC Championship, … Continue Reading

Now Available: Controversial Advertising and Sponsorship Identification Webinar

In collaboration with the Colorado Broadcasters Association, Fletcher, Heald & Hildreth’s Frank Montero and Dan Kirkpatrick presented a webinar covering guidelines for broadcasters on how to handle controversial advertising and proper sponsorship identification. Frank and Dan discussed many aspects of Federal and state regulation pertaining to advertising on potentially problematic subjects, including marijuana, tobacco, alcohol, and … Continue Reading

FCC Proposes Elimination of EEO Mid-Term Report for Broadcasters

On January 3, 2019, the Federal Communications Commission (“FCC” or the “Commission”) released a proposed Report and Order which would eliminate the requirement that certain broadcast television and radio stations file a Broadcast Mid-Term EEO Report (Form 397). The Commission released the proposed Report and Order for adoption at its public meeting scheduled for January … Continue Reading

Shutdown Uncertainty: What Broadcasters Should Do Now

Wondering how the federal government shutdown affects your broadcast station’s regulatory compliance obligations? Because some of the FCC’s online systems are up and running while others are not, it can be confusing as to what is still required of broadcasters. We have sorted through the confusion to help you understand what should still be prepared … Continue Reading

FCC Commences Review of Media Ownership Rules

On December 12, 2018, the Federal Communications Commission (“FCC” or the “Commission”) issued a Notice of Proposed Rulemaking (“NPRM”) commencing the 2018 Quadrennial Review of the Commission’s media ownership rules.  The FCC is required under Section 202(h) of the Communications Act to review most of its broadcast ownership rules every four years to determine whether … Continue Reading

FCC Eliminates Posting of Broadcast Licenses

Two years into Ajit Pai’s chairmanship, a central theme at the Federal Communications Commission (“FCC” or “Commission”) is deregulation. Sometimes framed in terms of “modernizing media rules,” the topic is at the forefront of just about every proceeding.  This was true for one of the most recent decisions at the Commission, as a Report and … Continue Reading

Webcaster Wake Up Call!

We usually publish our “Webcaster Wake Up Call!” post each January.  This post reminds webcasting services of their compliance obligations for the upcoming year under the statutory licenses found in Sections 112 and 114 of the Copyright Act (the “statutory licenses”) allowing them to publicly perform sound recordings via digital audio transmission.  Part of the … Continue Reading

Upcoming FCC Broadcast and Telecom Deadlines for December/January/February

December (the most wonderful time of the year) often carries with it a sense of retrospection.  We start looking back on the year that was, compiling “Best of” lists, tying up loose ends, getting those last donations and expenses in under the wire. Of course, there’s also plenty of forward-looking at what the new year … Continue Reading

Now Available: 2018 FCC EEO Rules Webinar

With FCC license renewals fast-approaching and public inspection files now all on line, it is time to seriously review and assess your FCC EEO compliance (….that is before the FCC does it for you!).  In collaboration with the Colorado Broadcasters Association and the New Jersey Broadcasters Association, Fletcher, Heald & Hildreth’s Dawn King, Anne Crump, … Continue Reading

FCC to Radio Licensees: We’re Watching You (or at Least Your Public Files)

With the whirl of the holiday season upon us, most broadcasters rightly thought they could put off looking ahead to the next license renewal cycle until 2019. Au contraire, says the FCC, which began sending out blast emails to certain radio licensees on December 6, warning that FCC internal audits have revealed that many stations’ … Continue Reading

Deadline Announced for AM Revitalization Comments

Attention all you AM radio nostalgia buffs and others interested in the future of AM radio, who hopefully read our post of October 10 about the FCC’s proposals to allow higher power operation by smaller AM stations by reducing nighttime signal protection for 50 kW Class A AM stations.  The FCC’s proposals have been published … Continue Reading

Upcoming FCC Broadcast and Telecom Deadlines for November/December

Let’s play some word association. If we say “Deadlines”, you might answer “Scary.”  Hence, the reason we’re publishing our November and December FCC deadlines post on Halloween.  Only, unlike the ghouls and goblins you may see on the streets tonight, these are real! Please note that the list is NOT exclusive, so there may be others. … Continue Reading
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