In recent days, we have seen Presidential primaries delayed by the coronavirus in at least six states – including Ohio which was originally set to vote yesterday but has postponed its primary until June 2. We expect that additional states will be looking at extensions in the coming days. As lowest unit rate windows had… Continue Reading…
FCC Offers Extensions of Time for TV Stations in Phase 9 of Repacking Because of Pandemic
The repacking of the TV band following the incentive auction is reaching its end – but perhaps not as quickly as anticipated. Yesterday, the FCC issued “Guidance” to stations in Phase 9 of the repacking indicating that they can request extensions so that their deadline for implementing any repacking obligation would be the same as… Continue Reading…
Must-Carry and Retransmission Consent Notices Going Electronic – TV and MVPDs Required to Update Public File Contact Information by July 31
Notifications about cable carriage have now gone electronic – and contact people at stations and MVPDs for notices about carriage issues are now to be provided in the FCC-hosted online public inspection file and in the Cable Operations and Licensing System (COALS). According to an FCC Public Notice released last week, in those databases there… Continue Reading…
Another Interim License Extension Offered by GMR to Radio Broadcasters – This Time for a Full Year – An Indication of the Status of the Litigation With RMLC?
The Radio Music License Committee yesterday told members that Global Music Rights (“GMR”), the performing rights organization that began a few years ago to collect royalties for the public performance of songs written by a select number of popular songwriters (including Bruce Springsteen, members of the Eagles, Pharrell Williams and others who have withdrawn from ASCAP… Continue Reading…
FCC Adopts Notice of Proposed Rulemaking Looking to Allow Higher Power and Greater Height for Unlicensed White Space Devices Operating in the TV Bands
A Notice of Proposed Rulemaking proposing greater coverage areas for unlicensed “white space” devices operating in the TV bands was adopted at the FCC’s open meeting last week and released earlier this week. We have written about these white space devices before (see, for instance, our articles here and here). These devices operate at relatively… Continue Reading…
FCC Seeks Comments on the State of the Communications Marketplace – Including for Audio and Video
The FCC yesterday released a Public Notice calling for public comment on the state of the communications marketplace so that it can prepare a report to Congress – a report that is required every even-numbered year. The Notice calls for comments on the state of competition in various sectors of the communications industry – including… Continue Reading…
March Regulatory Dates for Broadcasters—Children’s Television Reports, Lowest Unit Rate Windows, EEO Audit Responses, AM Revitalization Comments, License Renewal Preparation and More
As the calendar flips to March, many of us have put our trust in Punxsutawney Phil’s weather forecasting expertise that an early spring is coming. A surer place to put our trust, however, is in the guarantee that there are always some regulatory dates about which broadcasters should be aware. While March is a month… Continue Reading…
Litigation Continues as Court Rejects GMR Motion to Dismiss RMLC Lawsuit – and RMLC’s Request to Dismiss GMR Claims
Global Music Rights, the relatively new performing rights organization that signed a number of composers of popular songs away from ASCAP and BMI in order to seek higher music royalties for the public performance of their works on radio stations and other media platforms (see our articles here and here), lost one round in its… Continue Reading…
FCC Issues First EEO Audit of 2020 Targeting 320 Radio and Television Stations – Reviewing the Basics of the FCC’s EEO Rules
The FCC yesterday released another of its regular EEO audit notices (available here), asking that approximately 240 radio stations and about 80 TV stations, and the station employment units (commonly owned stations serving the same area) with which they are associated, provide to the FCC (by posting the information in their online public inspection file) their last… Continue Reading…
Quick Thoughts on a Few Political Broadcasting Legal Issues to Survive the Primary Season
One presidential caucus down, 49 (primaries and caucuses, plus a few more in the territories) to go in the next four months – with primaries for Congressional, state and local offices stretching out through August. This presidential primary race has already seen unprecedented amounts of advertising on local stations, including through network advertising buys. Based… Continue Reading…
BMI Settlement of Royalty Battle with RMLC to Include Music in Podcasts? – Not So Fast….
BMI and the Radio Music License Committee announced a settlement of their rate court litigation over the royalties that commercial radio will pay for the public performance of musical compositions licensed by BMI. While we have not yet seen the agreement, the press release already raises one issue likely to sew confusion in the broadcast… Continue Reading…
Did You Know that There is a Rule that Broadcasters Have to Tell Their Audience that a Program Is Recorded When It Seems to Be Live? – FCC Sends a $50,000 Reminder
Did you know that the FCC has a rule that requires that a broadcaster notify its audience that a program has been pre-recorded when the program “creates the impression” that it is live? Probably many broadcasters had forgotten about that rule (if they ever knew it existed). This week the FCC’s Enforcement Bureau entered into a Consent Decree with Salem Media Group,…
