Archives: Enforcement

Subscribe to Enforcement RSS Feed

FCC Lobs More Fireballs at Robocallers and Spoofers

The Federal Communications Commission (“FCC”) has taken several steps in recent years to deter robocalls of all kinds, with some success, but not enough to give us poor ordinary folks the telephone peace and quiet for which we yearn. Last year, Congress passed the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (“TRACED Act”), … Continue Reading

FCC Continues Fines for Improper Use of EAS Signals

The Federal Communications Commission (“FCC” or the “Commission”) remains consistent in its enforcement of fines for the improper use of Emergency Alert System (“EAS”) tones.  On April 7, 2020, the Commission released a Notice of Apparent Liability for Forfeiture (the “Notice”) proposing to levy a $20,000 fine against Entercom License, LLC (Entercom) station WNEW-FM for … Continue Reading

Prepare Your Station to Notify the FCC of a Rebroadcast or Prepare to Be Fined

The Federal Communications Commission (“FCC” or the “Commission”) ordered an FM translator owner to pay a fine of $2,000 for rebroadcasting a primary station without notifying the FCC. According to the forfeiture order released March 2, 2020, Carolina Radio Group Inc. – licensee of FM Translator station W225DF in Raleigh, North Carolina – rebroadcast station … 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

Monitor Your Tower Lighting or be Prepared to Pay Up – Scripps Settles with FCC to the Tune of $1.13 Million

In an order released this week, the Federal Communications Commission (“FCC”) announced that Scripps Broadcasting Holdings had agreed to a $1.13 Million settlement with the FCC’s Enforcement Bureau to resolve violations of tower lighting monitoring rules. What makes this case especially interesting is that the party who is paying the fine and instituting a years-long … 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

Reversing the Trend of Deregulation, FCC Tackles Caller ID Spoofing Head-on

The Federal Communications Commission (“FCC” or the “Commission”) continued its long-running fight against unwanted robocalls earlier this month, but the steps the Commission proposed may not make a significant impact immediately. On Friday, February 15th, the FCC released a notice of proposed rulemaking (“NPRM”) seeking comment on issues associated with implementing new caller ID spoofing … 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

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

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

FCC Adopts TCPA Changes that Include (Very Limited) Safe Harbor

On December 12, the Federal Communications Commission (“FCC” or “Commission”) adopted an order that creates a reassigned number database to help callers avoid Telephone Consumer Protection Act (“TCPA”) violations that can occur when telephone numbers get reassigned to new users. We covered some of the details in a previous CommLawBlog post when the FCC pre-released … 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

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

Legitimate Robocallers Rejoice: TCPA Compliance is About to Get (Slightly) Easier

Believe it or not, there are companies that make legitimate “robocalls,” and those companies strive to comply with the Telephone Consumer Protection Act (TCPA). If you’ve received an appointment reminder from your doctor or dentist, a package delivery notification, or a school closure notification lately those messages were likely delivered to your phone using an … 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

Bipartisan TRACED Act Seeks to Reduce Robocalls

Before Thanksgiving, a bipartisan group of Senators introduced legislation aimed at decreasing the number of unwanted robocalls. The TRACED Act would expand FCC authority under the Telephone Consumer Protection Act (“TCPA”), empower the FCC to mandate call authentication rules for voice service providers to cut down on caller ID spoofing, and create an interagency working … 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

Upcoming FCC Telecom and Broadcast Deadlines for Fall 2018 (October/November/December)

Deadlines!  Get your deadlines here!  With summer in the rearview mirror, it’s time to get back to work and look ahead to the rest of the year.  Here’s a list of FCC-related broadcast and telecom deadlines. Please note that the list is NOT exclusive, so there may be others. For help meeting these deadlines or … Continue Reading

FCC Activates DIRS for Hurricane Florence; Postpones DIRS Exercise

The FCC issued a Public Notice activating its Disaster Information Reporting Service (DIRS) as Hurricane Florence, a Category 4 storm, is set to make landfall in the Carolinas and Mid-Atlantic regions causing catastrophic flooding, high winds, and heavy rains. Broadcasters and other communications providers in those regions are encouraged to voluntarily supply certain filings with … Continue Reading
LexBlog