Tag Archives: FCC

President Biden Renominates Sohn to FCC

After a drawn-out Senate battle last year which resulted in no confirmation, President Joe Biden has once again nominated Gigi Sohn for the fifth FCC Commissioner seat. Sohn, a former top FCC adviser, is also the co-founder of Public Knowledge, a non-profit advocating for copyright, telecommunications, and internet policies. If confirmed, Sohn would fill out … Continue Reading

If You Offer Internet Service, Your Speech is Now Highly Regulated by the FCC

In an order released on November 17, 2022, the FCC dictates in detail the specific words that an Internet service provider must use when communicating with its customers.  The FCC has adopted new rules requiring specific information (referred to as the broadband consumer label) to be displayed at the point of sale when offering mass-market … Continue Reading

FCC Seeks to Fill Challenging Gap in STIR/SHAKEN Robocall Defenses

The FCC Launches Formal Review of How to Bring Non-IP Phone Networks into Caller ID Authentication Ecosystem to Protect Consumers On October 27, 2022, the FCC released a Notice of Inquiry which launches a formal review to consider ways to improve the accuracy of robocall blocking and consumer warning tools for phone networks that are … 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

Court Strikes Down a Portion of the FCC’s Foreign Sponsorship Identification Rules for Broadcasters

Earlier this year, new FCC rules went into effect requiring radio and television stations to broadcast Sponsorship ID disclosures for programming provided by foreign governmental entities.   Yesterday, the federal Court of Appeals for the D.C. Circuit struck down one part of those requirements:  the requirement for broadcasters to independently confirm the sponsor’s status by consulting … Continue Reading

Selected New Developments in Broadband – January

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

Now in Effect: FCC Repeals Radio Duplication Prohibitions

Back in August, we wrote about the Federal Communications Commission’s (“FCC”) decision to end the prohibition of commonly owned radio stations in the same service (AM or FM) that have 50% or more overlap of their primary service contours from duplicating more than 25% of their programming. Now that the decision is published in the Federal Register, it … Continue Reading

FCC Proposes Ten Application Limit for New NCE Stations in 2021 Filing Window

In correspondence with members of Congress, Federal Communications Commission (“FCC”) Chairman Ajit Pai had signaled that an application filing window for new Noncommercial Educational (“NCE”) stations would be opening sometime fairly soon. In a Public Notice (“PN”) released October 19, the FCC confirmed that a filing window will be coming. The specific dates of the … Continue Reading

FCC Adopts STIR/SHAKEN Rules to Combat Illegal Robocalls

The Federal Communications Commission recently released a Report and Order (“Order”) to promote the use of the STIR/SHAKEN framework (which we wrote a useful primer on) in combatting caller ID spoofing. The FCC is giving carriers until June 30, 2021 to implement STIR/SHAKEN. However, if a carrier wants to receive exemption from the Caller ID … Continue Reading

FCC Announces 2020 Regulatory Fees Calculation, No Widespread Forgiveness for COVID-19 Pandemic

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

O’Rielly Re-nomination Dismissed

In a rare move this week, Commissioner Michael O’Rielly – a Republican – had his re-nomination to the Federal Communications Commission (“FCC”) rescinded by President Trump. O’Rielly’s re-nomination first stalled last week when Oklahoma Republican Senator James Inhofe, Chairman of the Senate Armed Services Committee, put it on hold over objections to an FCC decision allowing … Continue Reading

Now Available: 2020 Politcal Broadcasting Rules Refresher

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

127,000 More Reasons to File Proper FCC Applications When Your Company Goes Through Bankruptcy

Recently, we published an article regarding a Federal Communications Commission (“FCC”) Consent Decree where a company agreed to pay a $240,000 penalty for violating the FCC’s rules by engaging in transactions where FCC wireless licenses were transferred without filing for and obtaining the prior consent of the FCC.… Continue Reading

Getting to the Bottom of the Recent Rural Health Care Funding Announcement

Last month the Federal Communications Commission (“FCC”) ordered the carry-forward of $198 million in Rural Health Care (RHC) funding for use in 2020.  Seems like good news, but it depends on how you look at it.  But note this action simply makes the funding available — it does not waive or increase the RHC caps for 2020. … Continue Reading

FCC Revises Cable TV Leased Access Rate Formula and Appears to Invite a First Amendment Challenge

In an Order released today, the Federal Communications Commission (“FCC” or the “Commission”) revised the calculation of maximum permissible rates for cable TV commercial leased access by changing from a formula that sets a uniform rate for all cable tiers to a formula that will set a separate rate for each tier. The result may … Continue Reading

FCC Pressed to Expand Local Origination on FM Translators and Boosters

A group of 24 radio broadcast licensees has petitioned the FCC to expand the concept of localized program content beyond FM boosters and to allow localized origination by FM translators as well. On April 24, 2012, and April 13, 2020, we blogged about a proposal by GeoBroadcast Solutions, LLC, (“GeoBroadcast”) to allow FM radio stations … Continue Reading

No National Test this Year for FEMA’s Integrated Public Alert & Warning System

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

Comment Deadlines Established for Relaxation of DTS Restrictions

On April 2, 2020, we wrote about proposals by the Federal Communications Commission (“FCC”) to relax restrictions on Distributed Antenna Systems (“DTS”) for full-power television stations and to make DTS newly available to Class A and Lower Power Television stations. The proposals have now been published in the Federal Register, establishing deadlines for Initial Comments on June … Continue Reading

“Sweeps” Are Under the Rug: FCC Seeks Comment on New Metrics to Establish Significant Viewership

The Federal Communications Commission (“FCC”) has invited comments on it’s Notice of Proposed Rulemaking (“NPRM”) on whether it should update its rules that determine whether a television broadcast station is “significantly viewed” in communities outside of its Designated Market area (“DMA”) for purposes of carriage on Multichannel Video Program Distribution (“MVPD”) systems, both cable and … Continue Reading

Effective Date of Truth-in-Billing Statute Deferred

Last year, a new law, the Television Viewer Protection Act of 2019 (“TVPA”), was enacted, requiring Multichannel Video Programming Distributors (“MVPDs”) and providers of fixed broadband services to disclose all charges that a consumer will have to pay before he or she signs up for service.  The statute requires compliance by June 20, 2020, but … 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

FCC Waives Sponsorship Identification for Sponsored COVID-19 PSA’s

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
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