Tag Archives: NPRM

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 Proposes to Prioritize Application Processing for Stations that Provide Locally Originated Programming

On January 17, 2024, the FCC released a Notice of Proposed Rulemaking (“NPRM”) seeking comment on a proposed rule that would prioritize review of certain broadcast applications filed by stations that certify that they provide locally originated programming. Eligible Stations Under the proposed rule, priority review would be available to radio and television stations (excluding … 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 Proposes Power-Up for Digital FMs

The FCC has issued a proposal that would allow more FM stations to increase digital power and allow asymmetric power on digital sidebands.  Interested parties have until September 21 to file comments.  Reply comments are due October 6.    Power Increase for Digital FM Stations  In the Order and Notice of Proposed Rule Making (NPRM) released … 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 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

So Much for Civility at the FCC

You thought the Republican and Democratic conventions were nasty? Long festering rancor between Federal Communications Chairman Ajit Pai and Commissioner Jessica Rosenworcel broke out into volleys of open epithets and acid-laced sarcasm this week. Strangely, the eruption of hostilities, as in real life, originated over something relatively unimportant: an innocuous draft of a Notice of … 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

Update: Comment Deadlines Available for Proposal to Drop Cable TV Public File Reports of Interest in Video Programming Services

On March 16, 2020, we wrote that the Federal Communications Commission (“FCC”) has proposed to eliminate the rule that requires cable television systems to post in their online public inspection file (“OPIF”) information about the nature and extent of their attributable interests in video program services and which of those services they own are carried on … 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

FCC Poses New Questions to Improve Secondary Market Spectrum Transactions

On March 15, 2019, the Federal Communications Commission (“FCC” or the “Commission”) released a notice of proposed rulemaking (“NPRM”) seeking comment on how the Commission can improve its secondary market rules for spectrum transactions. Specifically, the FCC wants to know whether and how it can improve its secondary market rules to get more spectrum in … 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

FCC Ponders Revising Several NCE and LPFM Procedures

Anyone who has filed an application for a new noncommercial educational (NCE) station or a new Low Power FM (LPFM) station knows that many traps beset the unwary throughout the process.  If you fall into one of those traps, your chance of success can be severely injured.  On Valentine’s Day, the Federal Communications Commission (“FCC” … 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

Comment Deadline Set for NPRM on Rules for Distributing Repack Funds to LPTV, TV Translator, and FM Stations; Comments due Sept. 26

As we reported last week, the FCC has proposed new rules to distribute the funds allocated under the Reimbursement Expansion Act (REA). These funds are to be used to reimburse broadcasters that were involuntarily affected by the post-incentive auction repacking of television stations. Under the REA and the proposed rules, FM radio stations and LPTV … Continue Reading

FCC Proposes Rules for Distributing Repack Funds to LPTV, TV Translator, and FM Stations; Part II: FM Stations

(Editor’s Note: If you’re looking for information on LPTV and TV Translators review Part One here.) Back in March 2018, Congress passed the Reimbursement Expansion Act (REA), which allocated additional funds to be used to reimburse broadcasters involuntarily affected by the post-incentive auction repacking of television stations. In addition to providing additional money for full-power … Continue Reading

FCC Proposes Rules for Distributing Repack Funds to LPTV, TV Translator, and FM Stations; Part I: LPTV and TV Translators

Back in March 2018, Congress passed the Reimbursement Expansion Act (REA), which allocated additional funds to be used to reimburse broadcasters involuntarily affected by the post-incentive auction repacking of television stations. In addition to providing additional money for full-power and Class A stations, the REA for the first time expanded the universe of stations eligible … Continue Reading

Major Kid Vid Revisions Coming Soon… as the FCC Releases a Draft NPRM

When FCC Commissioner Michael O’Rielly published a blog post back in January that called for the reexamination of the Children’s Programming Requirements, we questioned whether the requirements would still exist in the near future. We can now report that we are not likely to see the complete demise of the FCC’s Children Programming Requirements (colloquially … Continue Reading

Comment Deadline Set on ‘Leased’ Access Channels

As we wrote on June 15, the FCC’s rules for leasing channels on cable television systems have never brought about an active leasing marketplace. The FCC is now taking another look at the situation, issuing a Further Notice of Proposed Rulemaking in an old 2007 docket and inviting comments on whether to make adjustments in … Continue Reading

‘Leased’ Access or ‘Least’ Access? FCC Chucks 2008 Order and Asks What It Should Do Next

Requirements that cable television systems make a certain amount of channel capacity available for leasing to non-affiliated programmers have been in place since the time when George Orwell predicted that “Big Brother” would control the world – 1984. The leasing rules have never brought about an active leasing marketplace. The FCC is now taking another … Continue Reading

FCC Establishes Funds for Post-Hurricane Recovery Efforts in Puerto Rico and the U.S. Virgin Islands

The FCC on Tuesday announced the establishment of the Uniendo a Puerto Rico Fund and the Connect USVI Fund in an effort to help “rebuild, improve, and expand voice and broadband networks in Puerto Rico and the U.S. Virgin Islands.” These funds are part of the FCC’s ongoing efforts to rebuild communications networks in Puerto … Continue Reading
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