Capitol Hill Although President Trump criticized the final $900 billion COVID-relief legislative package (containing both COVID-relief and an omnibus spending bill that averted a government shutdown) for providing too little financial relief to Americans and too much wasteful spending, on December 27 he signed the package into law.… Continue Reading
Capitol Hill What will happen in broadband under a Biden Administration is at the top of everyone’s agenda. While we expect a large infrastructure/stimulus package (to include broadband) in the first 100 days, precise details are yet to emerge. Turning to the lame duck session, emergency broadband funding as part of COVID relief and/or the … Continue Reading
Capitol Hill On November 4, Senate Majority Leader Mitch McConnell indicated he is willing to resume negotiations on COVID-19 relief legislation before the end of the year (he had previously indicated no legislation is possible before the end of the year). Whether this would be standalone legislation or part of a necessary government funding package … Continue Reading
Fletcher Heald partner Frank Montero was featured on the cover of this month’s Radio Ink magazine. The cover story interview describes Frank’s decades of experience in broadcasting, how the industry is handling the COVID-19 crisis, potential changes to FCC leadership, and legal issues broadcasters could face in the future. For more details, check out Radio … Continue Reading
Capitol Hill Negotiations on a second large COVID-19 relief legislation effectively broke down August 7. While the President responded with several stop-gap executive actions, both parties seem to recognize relief legislation is urgently needed and there is speculation that some kind of deal will be cut by mid-September. In the meantime, with the Senate technically … Continue Reading
On August 31, 2020, the Federal Communications Commission (“FCC” or the “Commission”) released its Report and Order (Order) establishing new methodologies for calculating 2020 annual regulatory fees, which are due September 25, 2020. In the Order, the FCC flatly rejected arguments by the National Association of Broadcasters and others that the FCC’s new calculation methodology … Continue Reading
On July 30, Fletcher, Heald & Hildreth attorneys, Frank Montero and Dan Kirkpatrick, along with the FCC’s political programming experts, Bobby Baker, Gary Schonman, and Sima Nilsson, discussed the requirements and latest developments in the FCC’s political broadcasting rules, including equal time, lowest unit rates, PAC ads, BCRA, and record keeping.… Continue Reading
The Media Bureau today extended the waiver it enacted in April to alleviate broadcast sponsorship identification requirements concerning air time donated by commercial advertisers for public service announcements (“PSAs”) provided by the Centers for Disease Control and Prevention (“CDC”) and other government agencies addressing the COVID-19 pandemic. Pursuant to this extension, commercial time donated for … Continue Reading
The Federal Emergency Management Agency (“FEMA”) has announced that it will not conduct a national test of the Integrated Public Alert and Warning System (“IPAWS”) via the broadcast Emergency Alert System (“EAS”) and Wireless Emergency Alert (“WEA”) system this year. As we have written about in the past, EAS tests are sometimes postponed due to … Continue Reading
Selected New Developments in Broadband – through June 16 Capitol Hill The Trump Administration has again voiced support for a $2 trillion stimulus and infrastructure package (that would presumably have a broadband component), but Senate Republicans are not there yet. In May, the House passed the Democrats’ multi-trillion dollar Heroes Act on a party-line vote. … Continue Reading
As part of its efforts to provide relief to broadcasters reeling from the coronavirus pandemic, the Federal Communications Commission (“FCC”) has announced a limited waiver of recruitment requirements for the re-hiring of employees who were laid off as a direct result of COVID-19 economic conditions.… Continue Reading
Over the last month, the Federal Communications Commission (“FCC” or the “Commission”) has taken a flurry of COVID-19 pandemic-related actions aimed at increasing access to telehealth and making it easier for carriers to voluntarily assist K‑12 schools, libraries, and health care providers as they respond to COVID-19. Most dramatically, the Commission voted on April 2, … Continue Reading
The Federal Communications Commission’s (“FCC” or the “Commission”) recent rejection (FCC statement here) of a petition submitted by Free Press to demand FCC action with regard to broadcasters’ coverage of governmental statements about the COVID-19 epidemic has received a great deal of coverage. What may have escaped attention, however, is that, aside from some sharp … Continue Reading
The Federal Communications Commission’s (“FCC”) Media Bureau announced today that from now until April 30, 2020, full power and Class A TV stations may pre-empt children’s television programming to broadcast live or same-day, recorded community events to enable the public to view those events without attending in person, in furtherance of the “social distancing” advocated … Continue Reading
The Federal Communications Commission (“FCC”) has announced a waiver of broadcast sponsorship identification requirements concerning air time donated by commercial advertisers for public service announcements (“PSAs”) provided by the Centers for Disease Control and Prevention (“CDC”) and other government agencies addressing the COVID-19 emergency.… Continue Reading
On March 25, 2020, we blogged that the Federal Communications Commission (“FCC”) had issued a Declaratory Ruling under the Consumer Protection Act (“TCPA”), that the coronavirus pandemic constitutes an “emergency” which invokes a statutory exception permitting certain kinds of robocalls to be made and texts sent without the consent of the recipient. Since that date, … Continue Reading
In a Public Notice released last week, the Federal Communications Commission (“FCC”) announced a delay in Auction 105 for the 3.5 GHz band due to COVID-19. Short-form applications will now be due on May 7, 2020 and the auction for priority licenses will take place on July 23, 2020.… Continue Reading
In a Public Notice released today, the Federal Communications Commission (“FCC”) announced extensions to certain April deadlines for broadcasters: Children’s Television Annual Report As discussed in our previous CommLawBlog post on the subject, the first annual Children’s Television Report (covering the period from September 16, 2019-December 31, 2019) was already extended to a March 30 … Continue Reading
One of the outcomes of the COVID-19 crisis – according to reports from many radio and televisions stations – has been a precipitous drop in spot sales and customers cancelling existing advertising contracts, leaving lots of airtime to fill. To fill that time, and to help other struggling businesses, some broadcasters have responded by offering … Continue Reading
As we have seen over the past two weeks, COVID-19 has taken up the Federal Communications Commission’s (“FCC”) time and attention, with other duties and proceedings getting pushed back. That list of impacted proceedings will now include FM Auction 106, which has been postponed indefinitely via a Public Notice released today.… Continue Reading
The Federal Communications Commission (“FCC”) has issued a Public Notice assuring radio and TV stations that they may share news content and news-gathering resources on an emergency or ad hoc basis during the coronavirus crisis without reducing their arrangements to writing or putting them in their online public inspection file (“OPIF”) as “shared service” agreements … Continue Reading
In response to the Coronavirus Pandemic, the Federal Communications Commission (“FCC”) has secured pledges from a growing list of major and minor broadband players to loosen billing rules and provide free access to existing public Wi-Fi hotspots. Some carriers are also waiving data caps. With increased reliance on telework as offices send workers home, online … Continue Reading
As COVID-19 continues to challenge our nation, we at Fletcher, Heald & Hildreth PLC are taking action to ensure the health and safety of our team and their loved ones. Starting tomorrow, March 18, 2020, all staff will transition to telework. FHH attorneys and staff are reachable via email and their office telephone numbers and … Continue Reading