Daniel Brown

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Partial Return of the Radio Duplication Rule

Continuing its progression of reversals, the FCC announced on June 5, 2024 that it would once again reinstate section 73.3556 of the Commission’s rules (the “Radio Duplication Rule” or “Rule”) for commercial FM stations.  The Radio Duplication Rule does not apply to noncommercial educational stations nor AM stations.  As some of our readers might recall, … Continue Reading

FCC Announces Lift of Channel Change Freeze for Class A Television, LPTV, And TV Translator Stations

The FCC has announced that the current freeze on major modification to Class A television, LPTV, and TV translator stations will be partially lifted to allow applications to change channels as of August 20, 2024, subject to certain limitations.  Channel change applications will be permitted on a nationwide basis without geographic limitation.  For the limited … Continue Reading

FCC Releases NPRM Seeking Comment on Proposal to Require Subscriber Rebates for Retransmission Consent Blackouts

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

FCC Releases NPRM Proposing New Reporting Requirements for Retransmission Consent Blackouts

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

FCC Releases Report and Order Concluding Its 2018 Quadrennial Regulatory Review

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

FCC Adopts Report and Order Allowing Certain LPTVs to Convert to Class A Television Stations

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

FCC Adopts Final Deadlines for Submission of C-Band Reimbursement Claims

On December 5, 2023, the FCC released a Public Notice adopting two final reimbursement claims submission deadlines for eligible incumbents and stakeholders as part of the ongoing transition of the 3.7-4.2 GHz band (“C-band”).  Claimants seeking reimbursement for all claims for C-band transition costs incurred and paid by claimants as of December 31, 2023, including … Continue Reading

FCC Announces Another Round of EEO Audits

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

EAS Nationwide Test Scheduled for Wednesday, October 4, 2023

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

House Panel Advances Bipartisan Bill To Restore FCC Auction Authority

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

Upcoming FCC Broadcast Filing Deadlines for June and July

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

FCC Implements New STIR/SHAKEN and Robocall Mitigation Rules

At the FCC Commissioners’ meeting on March 16, the FCC imposed new STIR/SHAKEN and robocall mitigation requirements on all providers, including intermediate providers and regardless of their STIR/SHAKEN implementation status.  All providers are now required to take “reasonable steps” to mitigate illegal robocall traffic and must submit a certification and mitigation plan to the Commission’s … Continue Reading

Upcoming FCC Telecom Deadlines

March 31  Supply Chain Annual Report – Providers of advanced communications services that purchased, rented, leased, or otherwise obtained covered communications equipment and services on the Covered List in 2022 must submit an annual report on or before March 31, 2023 covering information as of December 31, 2022.  The current version of the Covered List … Continue Reading

FCC Broadcast Filing Deadlines for April

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

Reminder – EAS Test Reporting System Filing Deadline February 28

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

FCC Broadcast Filing Deadlines for January and February

January 30, 2023 Children’s Television Programming Reports – Each commercial TV and Class A television station must electronically file its annual Children’s Television Programming Report, on FCC Form 2100 Schedule H, to report on programming aired by the station and other efforts in 2022 that were specifically designed to serve the educational and informational needs … Continue Reading

Upcoming Deadlines

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

EAS Test Reporting System Filing Deadline

The FCC advised December 15 that parties subject to the Emergency Alert System (EAS) rules (radio and television stations, wired and wireless cable television systems, digital broadcast systems, digital television broadcast stations, Satellite Digital Audio Radio Service, digital cable and digital audio broadcasting systems, and wireline video systems) must submit their annual Form One filings … Continue Reading

Upcoming FCC Deadlines

December 1, 2022 Television License Renewal Applications Due – Applications for renewal of license for television stations located in Connecticut, Maine, Massachusetts, New Hampshire, Vermont, and Rhode Island 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 … Continue Reading

FCC Comes Back for Blood in the War Over Foreign Sponsorship Identification

In the latest salvo of the back and forth fight over requiring broadcasters to verify foreign governmental sponsorship of programming, on October 6, 2022, the Federal Communications Commission (“FCC” or “Commission”) released a Second Notice of Proposed Rulemaking (“Second NPRM”).  The Second NPRM comes as a response to this summer’s unanimous D.C. Circuit opinion vacating … Continue Reading

FCC IMPOSES $38,000 FINE FOR PREMATURE CONSTRUCTION OF ANTENNA TOWERS

Recently, the Federal Communication Commission (“FCC”) issued a Consent Decree detailing the $38,000 settlement reached with a telecommunications company relating to its  failure to complete required environmental and historic preservation reviews before beginning construction on new wireless telecommunications towers and prior to following the prescribed procedures under the FCC’s antenna structure registration (“ASR”) Rules. Under … Continue Reading
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