From Broadcast Law Blog

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 released a draft Notice of Inquiry to explore how the FCC can support industry efforts to develop new Positioning,

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 National Association of Broadcasters filed a Petition for Rulemaking asking the FCC to require that full-power television stations complete the transition to the new ATSC 3.0 transmission standard in two phases. 

While there are only a few regulatory deadlines scheduled for broadcasters this March, with more coming in April, as has occurred so many times in the last few years, we need to remind you that even the FCC deadlines in late March and early April could be postponed if there is a federal government shutdown, as the federal government is funded only through March 14. 

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.

• In an effort to exert more control over independent federal agencies, including the FCC, President Trump signed an Executive Order directing independent agencies to submit “significant regulatory actions” to the Office of Information and Regulatory Affairs (OIRA) for review before any action is published in the Federal Register. 

The Copyright Royalty Board this week published notice in the Federal Register that SoundExchange is auditing two broadcast companies who are streaming their signals online to assess compliance with the statutory music licenses provided by Sections 112 and 114 of the Copyright Act for the public performance of sound recordings and ephemeral copies made in the digital transmission process by commercial webcasters.

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 US Court of Appeals for the Eighth Circuit has scheduled for March 19 the oral argument on the appeals of the NAB and various radio and television companies to the FCC’s December 2023 decision in its 2018 Quadrennial Review of the local broadcast ownership rules. 

In the United States, performing rights in musical compositions (or “musical works” as the Copyright Act refers to them – the words and music of a song) are generally licensed by a “performing rights organization” or a “PRO.”  The U.S., unlike most countries where there is a single organization that collects these royalites, has multiple such organizations.  The recent doubling in the number of PROs triggered the Copyright Office to initiate a Notice of Inquiry last week requesting public comment on issues related to these organizations. 

When in January I offered my predictions as to the issues that the new FCC would be considering this year, payola and musical artists complaining of being coerced to play for free at radio station concerts or other events was not on the bingo card.  That changed early this past week when Tennessee Senator Marsha Blackburn sent a letter to FCC Chair Brendan Carr stating that she had received many complaints from musical artists complaining that they were being coerced to play for free at radio station events with threats that,

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.

• Payola on broadcast stations suddenly was in the news this past week.  Early in the week, Senator Marsha Blackburn (R-TN) sent Chairman Carr a letter requesting that the FCC ban radio stations from asking musicians to play “free radio shows” (including “listener appreciation shows” or “charitable concert events”) in exchange for more airplay on stations or by threatening them with less airtime if they don’t participate. 

For years, we have warned about the need to license music in podcasts – and how such licenses need to be obtained directly from copyright holders.  We’ve noted demand notices sent to podcasters causing those podcasters to pull their programs from various distribution platforms (see, for instance, our articles here and here).  We warned that,

Last week, U.S. Senators Marsha Blackburn (R-Tenn.), Alex Padilla (D-Calif.), Thom Tillis (R-N.C.), and Cory Booker (D-N.J.) introduced the American Music Fairness Act (see their Press Release for more details), with a companion bill to follow in the House.  If adopted, this legislation would impose a new music royalty on over-the-air radio stations.  The royalty would be payable to SoundExchange for the public performance of sound recordings. 

The AM for Every Vehicle Act has been introduced in the new Congress after dying when the last session of Congress ended in December without it getting to a vote, despite having the announced support of a majority of both the House and Senate.  Pending bills do not carry over to a new session of Congress.  Thus, the bill had to be reintroduced in the current Congress – which it was last week by Senate co-sponsors Ed Markey (D-MA) and Ted Cruz (R-TX).