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…

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. 

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…

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…

May Regulatory Dates for Broadcasters – License Renewal Preparations, FCC Meeting, and Comments on the Communications Marketplace, Significant Viewing and FM Zonecasting

During most months, FCC procedures, rules and regulations, with their mostly predictable schedules and deadlines, give broadcasters a feeling of routine.  In this time of stay-at-home orders, social distancing measures, and face-mask wearing, even FCC deadlines cannot provide the semblance of normality we are all looking for.  In fact, May is one of those months… Continue Reading…