The Last Two Weeks in Broadcast Regulation: December 19, 2020 to January 1, 2021

Here are some of the regulatory developments in the last two weeks 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 an order revising its fees for broadcast applications and other filings. The fees were adjusted to… Continue Reading…

More FTC Consent Decrees Emphasize Prohibitions on Advertising of Unproven Health Benefits of CBD Products

Just before Christmas, the Federal Trade Commission issued consent decrees with six companies resolving proceedings alleging that their marketing of CBD products was deceptive.  The consent decrees included monetary penalties as high as $80,000 and compliance plans to ensure that the named companies would not engage in future marketing of unproven health benefits of CBD products.  The FTC issued a press release on the consent decrees (links to the decrees and related documents can be found on the same webpage as the press release).

January Regulatory Dates for Broadcasters – A New FCC Administration, Quarterly Issues Programs Lists, KidVid, Comment Deadlines and a Supreme Court Oral Argument on Ownership Issues

The holiday season is nearly behind us and many are looking forward to putting 2020 in the rearview mirror with a hopeful eye on 2021.  The new year will bring big changes to the Washington broadcast regulation scene, with the inauguration of a new President and installation of a new FCC chair who will make… Continue Reading…

Outgoing FCC Chairman Pai Calls for Modernization of Media Ownership Rules – Audio Competition Issues for the New FCC To Consider  

Last week, Chairman Pai gave a speech to the Media Institute in Washington, talking about his deregulatory accomplishments during his tenure as FCC Chairman.  Central to his speech was the suggestion that the broadcast ownership rules no longer made sense, as they regulate an incredibly small piece of the media landscape, while digital competitors, who… Continue Reading…

MORE Act Passes House – But Don’t Rush to Run Marijuana Ads on Your Broadcast Station

Last week, there was much written in the press about the MORE Act passing in the House of Representatives, taking actions to decriminalize marijuana under federal law.  This would include removing marijuana from Schedule I, which is the list of drugs whose use for almost all purposes is prohibited in the United States.  The passage… Continue Reading…

FCC Terminates Proceeding to Dedicate TV Channel in Each Market to Unlicensed Wireless Use

One of the last questions about the repacking of the television spectrum following the television incentive auction was whether there would be a UHF television channel set aside in each television market for unlicensed wireless uses.  Microsoft and other tech companies have been pushing for that set aside for years, arguing that more capacity for… Continue Reading…

$125,000 FCC Penalty to Broadcaster for Tower Structure and Contest Rule Violations – Including Violation of Rule Against Broadcasting Seemingly Live Recorded Programming Without Informing Listeners

Last week, the FCC announced a Consent Decree with a Florida broadcaster, with the broadcaster admitting violations of several FCC rules and agreeing to pay a $125,000 fine and enter into a consent decree to ensure future compliance.  The violations addressed in the decree include (i) the failure to monitor tower lights and report that they had been out for significant periods of time,