Reminder:  PSAs Featuring Candidates Can Give Rise to Equal Time and Public File Obligations

In recent weeks, with so many government officials looking to get messages out about the coronavirus pandemic, we have received many questions about issues that arise when political candidates appear on public service-type announcements – either free PSAs provided by the station or paid spots purchased by some governmental entity.  While such announcements can be... Continue Reading…

This Week at the FCC: May 16, 2020 to May 22, 2020

Here are some of the FCC regulatory and legal actions of the last week of significance to broadcasters, with links to where you can go to find more information as to how these actions may affect your operations. The FCC released the agenda for its June 9 Open Meeting announcing that it will consider an... Continue Reading…

Comments Dates Set on Proposals to Expand Video Description Requirements of TV Stations and MVPDs

The FCC currently requires what they now call “video description” by commercial television broadcast stations that are affiliated with one of the top four commercial television broadcast networks (ABC, CBS, Fox, and NBC) and located in the top 60 television markets.  Video description is also required of MVPDs with 50,000 or more subscribers passing through content of the Top 5 cable networks.  TV stations subject to the rules are required to provide on a subchannel audio descriptions of at least 50 hours of video programming per calendar quarter during prime time or on children’s programming, as well as an additional 37.5 hours of video-described programming per calendar quarter at any time between 6 a.m.  ... Read More

FCC to Consider Exemption of TV Broadcast Internet Services from Broadcast Ownership Rules and Regulations for ATSC 3.0 Non-Broadcast Services

The transition to ATSC 3.0, the next generation of television transmission, is underway as authorized by the Commission in 2017 (see our post here and our posts here, here and here on subsequent actions making that order effective and allowing TV stations to file to convert to the new standard).  This week, the FCC released... Continue Reading…

Looking at Changes to the FCC’s Public Notice Requirements for Broadcast Applications

When a broadcaster files certain types of applications with the FCC, the public must be informed.  Last week, the FCC issued an Order which will change the rules regarding the public notice that must be given – consolidating what was a confusing process with different language and timing for notice about different types of applications... Continue Reading…

This Week at the FCC: May 9, 2020 to May 15, 2020

Here are some of the regulatory and legal actions in the last week of significance to broadcasters, with links to where you can go to find more information as to how these actions may affect your operations. In connection with the Commission’s required monthly Open Meeting which was held last week, the FCC adopted two... Continue Reading…

Comments Due June 12 on Proposal to Expand the Use of Distributed Transmission Systems by TV Stations Operating with ATSC 3.0 Transmission Systems – What is Being Asked?

The FCC’s proposal to expand the use of Distributed Transmission Systems by television stations operating with the new ATSC 3.0 transmission system was published in the Federal Register today (here). That publication announces that the comment deadlines on the FCC’s DTS Notice of Proposed Rulemaking are due by Friday, June 12, 2020, and reply comments... Continue Reading…

$100,000 Penalty in Consent Decree Shows Teeth in Requirement for Good Faith Negotiation of Retransmission Consent Agreements

The requirement that television broadcasters and MVPDs (including cable and satellite television providers) negotiate in good faith over the provisions of retransmission consent agreements is often cited in arguments by one side or the other when negotiations over the fees to be paid under those agreements break down.  In a consent decree released last week,... Continue Reading…

EEO Relief for Broadcasters Hiring in the Post-Shutdown World

The FCC yesterday announced a policy that will relieve broadcasters of wide-dissemination EEO obligations in rehiring laid-off employees in a post-shutdown world.  Because of the significant economic hit taken by broadcasters when so many advertisers pulled their advertising schedules as so many businesses shut down, many broadcasters who did not receive PPP loans were forced... Continue Reading…

Record Companies Respond to FCC Commissioner on Payola – What Should Broadcasters Learn from the Responses?

The responses by the major record labels to Commissioner O’Rielly’s inquiry into allegations of payola practices (see our article here) were published last week while we were all distracted with pandemic issues.  While the responses (available here on the Commissioner’s twitter feed) were perhaps not surprising – saying that the record labels do not engage... Continue Reading…

2019 Recap

2019 was an outstanding year for our Association, despite a devastating fire that completely destroyed our office back in June.

Throughout the year we continued our aggressive lobbying efforts on Capitol Hill and in Carson City. We lobbied members of Congress on such issues as the Local Radio Freedom Act which prevents the enactment of a royalty tax on local radio stations. Our actions helped efforts dealing with the Satellite Television Extension and Localism Act Reauthorization. We also joined an effort to legalize radio and television advertising for CBD products in states where it is legal.

In addition, we successfully killed several negative bills at the state legislature, one of which dealt with automobile advertising on television and radio stations.

In 2019 we had multiple meetings with Nevada’s Congressional delegation. We met with the Governor, key members of the state legislature and held receptions for elected officials throughout the state.

I’m honored to continue serving as a voting member of the Homeland Security Commission, a gubernatorial appointment which was codified into law during the 2019 Nevada Legislature.

Because of the generosity of our member stations we continue to assist non-profits and state agencies in communicating their messages to television viewers and radio listeners throughout the state. One of those campaigns resulted in this Association winning an Emmy for the production of a documentary on the opioid crisis.

Throughout 2019 we continued our Alternative Broadcast Inspection Program (ABIP), a program which is free to members of the Nevada Broadcasters Association and we continued to facilitate the state’s EAS and Amber Alert systems.

We had one of the most successful Hall of Fame Galas in the history of the Nevada Broadcasters Association. With your support we have made it possible to distribute 168 scholarships to deserving Nevada students, enabling them to attend a Nevada college or university. And we're pleased to announce that our Board of Directors approved the hiring of a permanent staff member to assist in the administration and development of our Foundation and the Tony and Linda Bonnici Scholarship Program.

I’d like to thank the NVBA Board of Directors, the Executive Board, prior Chairwoman Viola Cody and current Chairman Chris Way for their outstanding leadership.

Introducing New NVBA Chairman Chris Way