In a Federal Register notice published today, the Copyright Royalty Board announced cost-of-living increases in the statutory royalties paid by webcasters for the public performance of sound recordings. These are the royalties paid to SoundExchange by those making noninteractive digital transmissions of sound recordings. This included broadcasters who simulcast their over-the-air programming on the internet… Continue Reading…
FCC Seeks Comments on HD Radio Technical Standards – Could a Power Increase for Digital FM Radio Be Coming?
Until recently, to many in the industry, HD radio seemed to be an afterthought – maybe useful in feeding analog translators, but otherwise not very accessible to the public. But there is now more and more interest in HD radio given the increased inclusion of receivers for this digital service as standard equipment in a… Continue Reading…
December Regulatory Dates for Broadcasters – License Renewals, EEO Reports, Rulemaking Comments on Foreign Government Programming and EAS, and More
Even with the holidays upon us, regulation never stops. There are numerous regulatory dates in December to which broadcasters need to pay heed to avoid having the FCC play Grinch for missing some important deadline. December 1 is the deadline for license renewal applications for television stations (full power, Class A, LPTV and TV translators)… Continue Reading…
This Week in Regulation for Broadcasters: November 19 to November 25, 2022
Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations. The FCC’s Notice of Proposed Rulemaking (“NPRM”) looking to enhance the security of the Emergency Alert System (“EAS”) and Wireless… Continue Reading…
FCC Decision Discusses Prohibition on Retaining Reversionary Interests in Broadcast Licenses After Sale – What Is a Reversionary Interest and Why Is It Prohibited?
In a decision this week on the sale of radio stations by Univision Radio to Latino Media Network, the Audio Division of the FCC’s Media Bureau discussed the FCC’s longstanding prohibition on the seller of a broadcast station retaining a “reversionary interest” in the station it is selling. In this case, FCC staff found that the intent of the buyer to enter into a Local Marketing Agreement by which the seller would program some of the stations after closing was not a reversionary interest,…
This Week in Regulation for Broadcasters: November 12 to November 18, 2022
Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations. On November 17, the FCC’s Second Notice of Proposed Rulemaking (“Second NPRM”) on foreign government sponsored programming was published in… Continue Reading…
This Week in Regulation for Broadcasters: November 5 to November 11, 2022
Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations. The effective date of a recently adopted FCC Report and Order aimed at making emergency alerts delivered over television and radio… Continue Reading…
FCC Looks at EAS Rules – Requires That Broadcast Alerts Default to CAP, and Seeks Comments on Securing the System
At each of the last two of the FCC’s recent regular monthly open meetings, the Commission addressed EAS issues that affect broadcasters. In one case, it adopted new rules that will, among other things, require that broadcasters use on-air the “IPAWS” internet-delivered emergency message in the CAP format, if the broadcaster receives the alert in… Continue Reading…
Reminder – Lowest Unit Charges Do Apply to Run-Off Elections, But Not to Complaints About Election Results
With election results still being tabulated in many states in close political races, we thought that it is worth reminding broadcasters of the advice given by the FCC in 2020, when it issued a public notice stating that Lowest Unit Charges (or lowest unit rates as they are often called) do not apply to post-election political ads (e.g., ads… Continue Reading…
This Week in Regulation for Broadcasters: October 29, 2022 to November 4, 2022
Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations. The FCC issued a Forfeiture Order imposing a penalty of $518,283 against Gray Television, Inc., for violating the FCC’s prohibition… Continue Reading…
State Actions on Political Advertising – Meta to Appeal $24.6 Million Washington State Penalty for Facebook Political Ad Violations
Any media platform that accepts ads for political races and ballot issues in Washington State is aware of the state’s detailed rules that govern all forms of political advertising. Digital platforms, in particular, are concerned by state rules that require the platforms to maintain and make available to the public not only the information required… Continue Reading…
With A Week to Go Before the Midterm Elections, Watch for Last Minute Unfounded Attack Ads – The Potential Liability of Stations for False Claims in Ads from PACs, Parties and Other Noncandidate Groups
There is but a week to go before the mid-term elections, and political ads blanket the airwaves across the country. From discussions that I have had with many attorneys, broadcasters and other campaign observers, the ads this year have been particularly aggressive. Some publications have even suggested that, in the waning days of the campaign,… Continue Reading…


