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The FCC’s Political File Rules: Is Your Station in Full Compliance?

Super Tuesday is less than two weeks away, Michael Bloomberg is spending a king’s ransom on political advertisements, and the Federal Communications Commission (“FCC”) is actively engaged in investigating stations’ compliance with the political file rules. Now is the time to make sure your station staff understands the FCC’s political file requirements and implements any … Continue Reading

If Your Program Sounds Like It’s Live, but Isn’t, You Must Tell the Audience (Or Suffer the Consequence)

In late January, the Federal Communications Commission (“FCC”) released a Consent Decree penalizing Salem Media Group to the tune of $50,000 for “violat[ing] the FCC’s live broadcast rules by broadcasting prerecorded programming as ‘live’ without announcing before the broadcast that the programming was prerecorded.” In addition Salem has agreed to a three-year compliance plan to … Continue Reading

Available Now: Getting into the Weeds of CBD & Marijuana Advertising

On Wednesday, January 29th, Fletcher, Heald & Hildreth’s Frank Montero, Dan Kirkpatrick, and Seth Williams presented a webinar that got “into the weeds” of CBD and marijuana advertising. New questions have been raised since the US Department of Agriculture in 2019 published their interim rules on the “Establishment of Domestic Hemp Projects”. To address broadcasters … Continue Reading

Upcoming FCC Broadcast and Telecom Deadlines for January – March

Broadcast Deadlines: January 31, 2020 Biennial Ownership Reports – All licensees and entities holding an attributable interest in a licensee of one or more AM, FM, TV, Class A television, and/or Low Power TV (LPTV) stations must file a biennial ownership report reflecting information as of October 1, 2019. Please recall that not only corporations … Continue Reading

FCC Proposes to End Radio Station Program Duplication Restrictions

The Federal Communications Commission (“FCC”) has proposed to repeal Section 73.3556 of its Rules, which prohibits two commercial AM or two commercial FM radio stations from devoting more than 25% of the hours in an average broadcast week to duplicating programming if they are commonly controlled (through either common ownership or time brokerage) and the … Continue Reading

Who Should Say What to Whom When Cable TV Retransmission Consent Negotiations Fail?

Retransmission consent negotiations have been coming down to the wire more and more in recent years, as broadcasters have sought to recoup more of the value they feel their signals have, and cable operators have resisted increases in their expenses. Federal Communications Commission (“FCC”) rules currently require cable operators to notify both subscribers and the … Continue Reading

Picking NCE and LPFM Winners Simplified: NCE and LPFM Station Transfer Rules Relaxed

The Federal Communications Commission (“FCC”) has changed in its rules for selecting winners from groups of mutually exclusive (“MX”) noncommercial educational full-power radio (“NCE”) and Low Power FM (“LPFM”) applicants and has made it easier for MX applicants to negotiate voluntary time-sharing agreements. In the FCC’s Report and Order, it has also shortened the minimum … Continue Reading

To Be or Not to Be: The Fate of Analog LPTV Channel 6 – Comment Deadlines Announced

On December 4, 2019, we wrote that the Federal Communications Commission (“FCC”) has invited a new round of comments on the fate of analog Low Power Television (“LPTV”) stations that transmit on Channel 6 and target their audio channel to FM radio receivers. A notice in the Federal Register has announced that the deadline for … Continue Reading

Is it Time for All-Digital AM Radio?

The Federal Communications Commission (“FCC”) has invited comments on whether it should allow AM radio broadcast stations to abandon their analog signals in favor of an all-digital signal format. Preliminary tests have shown that all-digital signals provide improved audio quality and immunity from interference. While the FCC does not propose to require any AM station … Continue Reading

To Be or Not to Be – That is the Channel 6 Analog LPTV Question

The Federal Communications Commission (“FCC”) has invited a new round of comments on the fate of analog Low Power Television (“LPTV”) stations that transmit on Channel 6 and target their audio channel to FM radio receivers. Nearly all of the television broadcast industry has already converted to digital operation. There are no more analog full … Continue Reading

Upcoming FCC Broadcast and Telecom Deadlines for December – February

  Broadcast Deadlines: December 1, 2019 License Renewal Pre-Filing Announcements – Radio stations licensed in Arkansas, Louisiana, and Mississippi must begin broadcasts of their pre-filing announcements with regard to their applications for renewal of the license. These announcements must be continued on December 16, January 1, and January 16.… Continue Reading

What to Do If Your EAS IPAWS Tests Aren’t Working

Your Emergency Alert System (EAS) equipment may have stopped passing through tests received via the equipment’s Internet connection to the Integrated Public Alert & Warning System (IPAWS) because one of the trust root certificates used to validate digital signatures associated with alerts expired a little over a week ago. If your EAS equipment is rejecting … Continue Reading

A Primer on the CBD Interim Rules: What Broadcasters and Media Companies Need to Know

Cannabidiol (“CBD”) oil, a product that can be derived from hemp or marijuana plants, is an undeniably hot commodity right now. You may have seen CBD gummies, CBD topical creams, and even CBD-infused pillows for sale at your local store. At this point you are wondering if your broadcast station can advertise these products. CommLawBlog … Continue Reading

FCC Invites Comments on Request for Greater Flexibility for TV DTS Transmitters

The Federal Communications Commission (“FCC”) has invited comments on a petition filed jointly by America’s Public Television Stations (“APTS”) and the National Association of Broadcasters (“NAB”), requesting a relaxation of restrictions on where digital television stations may locate Distributed Transmission System (“DTS”) antennas. Digital television technology allows a station to broadcast from multiple transmitters on … Continue Reading

COME AND GET IT! 130 FM Channels for Sale by the FCC (But You’ll Have to Pony Up a High Bid to Get One)

The Federal Communications Commission (“FCC”) has announced that on April 28, 2020, it will offer for sale at auction 130 FM channels that are currently vacant.  These are channels formerly occupied by stations that lost or cancelled their licenses, channels sold to bidders who failed to pay their bids, channels that were offered but drew … Continue Reading

FCC Announces Extension of Filing Deadline for LPTV/TV Translator Reimbursement

As we wrote about in August on CommLawBlog, Low Power TV (LPTV), TV Translator Stations, and FM stations intending to request reimbursement for expenses incurred as a result of the repack of full-power and Class A television stations were required to file their Initial Reimbursement Form (Form 2100, Schedule 399) by October 15, 2019. Now … Continue Reading

FCC Announces Extension of the Biennial Broadcast Ownership Report Filing Deadline

The Federal Communications Commission (“FCC”) has announced in an order published on September 17, 2019 that it will delay the filing deadline to January 31, 2020, for broadcast ownership reports (two months later than the original deadline). This applies to licensees of commercial and noncommercial AM, FM, TV, Class A, and Low Power Television (LPTV) … Continue Reading

RMLC-GMR Interim License Version 6.0:  The More Things Change, the More They Stay the Same

Commercial radio stations represented by the Radio Music License Committee (“RMLC”) should take note of yet another extension – through March 31, 2020 – of the interim license allowing those stations to play music in the repertory of Global Music Rights (“GMR”) while the RMLC and GMR continue to duke out their music licensing differences … Continue Reading

FCC Releases Annual Regulatory Fee Order – Payments Due Sept. 24, 2019

As we begin the march into cooler weather, the Federal Communications Commission (“FCC” or the “Commission”) has released the final schedule of regulatory fees for 2019 and their due date.  Despite some initial confusion around the release of the deadline, the confirmed date is September 24, 2019 and the Fee Filer website is now active … Continue Reading

Revised Children’s TV Rules Effective in Part Soon – Current Paperwork Requirements Still in Place, Further Comments Requested

As we previously reported, many of the revised children’s TV rules adopted by the Federal Communications Commission (“FCC” or the “Commission”) in July are to go into effect 30 days after publication in the Federal Register, and we now know what that effective date will be:  September 16, 2019.  That effective date will apply to … Continue Reading
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