Many More Warning Letters Sent by FDA to CBD Companies – More Issues for Advertisers

We have written many times about the concerns regarding the marketing of CBD products on broadcast stations. As we wrote here, here, and here, the FDA and FTC have repeatedly warned makers of these products that they cannot make specific health claims about the products and cannot market products that are intended to be ingested. In a recent action, the FDA issued 15 warning letters to companies marketing CBD products – warning them about marketing both for edible products and for health claims (see the FDA press release here with links to all 15 warning letters).  ... Read More

Franken FMs – The FCC Asks if It Should Continue to Allow Channel 6 LPTV Stations to Operate as FM Broadcasters

The audio from analog channel 6 TV stations can be heard on the FM dial at 87.7 – which is below the lowest official point on the standard FM band in the US (which ends at 88.1) but is nevertheless tunable on most FM radios. Over the last decade, many LPTV stations on channel 6,... Continue Reading…

Radio Stations Receive Inquiries from GMR on the Production of Interim Licenses – What Is this All About?

In the last week, we have received many inquiries from radio stations that received a notice from attorneys for Global Music Rights (GMR) about document production in GMR’s litigation with the Radio Music License Committee (RMLC).  As we have written before (see, for instance, our articles here, here and here), RMLC and GMR have for... Continue Reading…

More on Required Public File Disclosures of Issue Ads – Comment Dates on NAB Petition for Reconsideration and Another Admonition for Inadequate Disclosures

The FCC on Friday issued a Public Notice seeking comment on a petition for reconsideration by the NAB and several broadcast groups seeking review of the FCC’s October decision, deemed a “clarification” of the public file disclosure rules for federal political issue ads requiring that all candidates and issues mentioned in any political issue ad... Continue Reading…

AMFM Act Introduced in Congress to Impose Sound Recording Performance Royalty on Broadcast Stations

Late last month, the Ask Musicians For Music Act (the “AMFM Act”) was introduced in both the House and Senate. If enacted, the AMFM Act would impose on over-the-air broadcast radio stations a performance royalty for the use of sound recordings in their programming. This is yet another bill proposing that the current royalty that... Continue Reading…

NAB Seeks Reconsideration of FCC’s Clarification of Issue Advertising Public Disclosure Requirements – Rules Remain in Effect Though Some Clarification Provided

Last month, the FCC issued what it termed a “clarification” of the obligations of broadcasters to disclose in their public inspection files each and every candidate and issue discussed in any Federal issue ad.  We wrote about the Clarification here.  That decision prompted many questions among broadcasters as to how they would comply with the... Continue Reading…

Third Circuit Denies Petition for Rehearing of Decision Overturning FCC Ownership Rule Changes

In a very short decision issued on Wednesday, the Third Circuit Court of Appeals rejected the FCC’s request for rehearing of the September decision of a panel of three of its judges which overturned the FCC’s 2017 decision changing many of the broadcast ownership rules (including the abolition of the newspaper-broadcast cross-ownership rules).  We wrote... Continue Reading…

FCC Announces Schedule for Transition to Annual Children’s Television Reports

Earlier this week, the FCC released a Public Notice announcing its plans for the initiation of new annual reporting requirements for TV stations under the revised Children’s Television Rules. As we wrote here, the FCC this summer adopted changes in the rules governing the broadcast of educational and informational programming directed to children. These changes included the abolition of the Quarterly Children’s Television Reports and their replacement with an annual Children’s Report to detail a station’s performance in meeting the new educational and informational programming requirements. Earlier this fall, the FCC released guidance on the reporting of information from the third quarter of this year,  ... Read More

Extension of Comment Dates on VHF TV Reg Fees and on Incubated Stations

The FCC last week announced an extension of the deadline for initial comments in its proceeding to examine the regulatory fees that are paid by VHF television stations. We wrote here about this Further Notice of Proposed Rulemaking, which asked questions including whether VHF television stations and stations in the FCC’s incubator program should pay... Continue Reading…

USDA Issues Interim Rules for Hemp Production – How Does it Affect CBD Advertising? 

On October 31, the US Department of Agriculture published in the Federal Register interim rules governing the production of industrial hemp under the provisions of the 2018 Farm Act (see the USDA press release here).  These rules will allow the USDA to approve state and tribal plans for the regulation of hemp production.  It also allows for the USDA to authorize growers in states that have not adopted their own plans (or that have restricted the production of hemp).  The USDA notes the interest in hemp production driven by interest in CBD products derived from hemp.   ... Read More

2018 Recap

The Nevada Broadcasters Association experienced a number of successes in 2018. I'd like to share some of them with you.

In February a number of Nevada broadcasters went to Washington D.C. to lobby our Congressional Delegation on such issues as the Local Radio Freedom Act, the Microsoft Spectrum Grab, and retransmission consent.

The Nevada Broadcasters Association was able to hold a special members-only reception for Senator Gordon Smith, the CEO of NAB. We were also able to score an exclusive, meeting with FCC Chairman Ajit Pai.

In April Governor Brian Sandoval sat down with the NVBA for nearly an hour and shared his perspective on the state. We were able to communicate to him, the valuable role we play in emergency communications.

Throughout the year, I was humbled and honored to attend meetings as a voting member of the Homeland Security Commission. Governor Sandoval appointed me to this critically important commission, with members that include the Governor himself, the Lt. Governor, Sheriff Lombardo and members of the State Legislature, among others. I'm excited to continue my participation on this Commission next year, when Governor Sisolak becomes Chairman.

Our Hall of Fame Gala was a huge success. We honored LVCVA CEO Rossi Ralenkotter, Las Vegas 51s COO Don Logan and broadcast pioneer, 101 year-old Hank Thornley in addition to 37 Hall of Fame inductees. The Gala, along with Southern and Northern Nevada Golf Tournaments, combined with your generosity made it possible for 32 students to receive scholarships to a Nevada college or university. Thank you!

Throughout the year we had meetings or sponsored receptions in Nevada with Congressman Mark Amodei, Senator Dean Heller, Governor-elect Steve Sisolak, Attorney General Adam Laxalt, Henderson Mayor Debra March, North Las Vegas Mayor John Lee, Sheriff Joe Lombardo and Congresswoman-elect Susie Lee.

In addition, we produced an extremely compelling documentary on the opioid crisis and organized a One October remembrance that had the participation of Nevada's radio stations.
If all that weren't enough we had webinars for journalists and HR directors, continued our Alternative Broadcast Inspection Program (ABIP) and held additional EAS training sessions.

Thank you to the NVBA Board of Directors and our Executive Committee for helping to make our year such a success.

Mitch Fox
President and CEO
Nevada Broadcasters Association

Introducing New NVBA Chairman Chris Way