On October 31, the US Department of Agriculture published in the Federal Register interim rules governing the production of industrial hemp under the provisions of the 2018 Farm Act (see the USDA press release here). These rules will allow the USDA to approve state and tribal plans for the regulation of hemp production. It also allows for the USDA to authorize growers in states that have not adopted their own plans (or that have restricted the production of hemp). …
FCC To Consider All-Digital AM at its November Meeting – What Questions are Being Asked?
As we noted in our list of November Regulatory dates for broadcasters, at its November 22 meeting, the FCC will be considering the adoption of a Notice of Proposed Rulemaking (see the draft order here) allowing AM stations to go all digital – on a voluntary basis. This Notice follows a Petition for Rulemaking which… Continue Reading…
Third Circuit Asked to Rehear Decision Overturning FCC Ownership Rule Changes – Where Do We Go from Here?
In September, a three-judge panel of the US Court of Appeals for the Third Circuit released a 2-1 decision overturning the FCC’s 2017 decision modifying many of its ownership rules (see our summary of the Court decision here, and our review of the 2017 decision here). The Court’s decision not only upset the plans of… Continue Reading…
Twitter Bans Political Ads – Doing What Broadcasters are Forbidden to Do
It seems like every other week, there is a story about an online media giant making changes in their rules that govern political advertising on their platform – and being either praised or condemned for doing so. We recently wrote about the controversy over Facebook deciding to not fact-check candidate ads, and how Congress itself… Continue Reading…
FCC To Hold Symposium on Radio and TV Industry – What Does it Mean for Broadcast Regulation?
The FCC announced on Friday that it will be hosting a symposium on the state of the broadcast industry on November 21. On that day, there will be a panel in the morning on the state of the radio industry and one in the afternoon on television. The Public Notice released Friday lists a diverse… Continue Reading…
November Regulatory Dates for Broadcasters – Ownership Reports, Comment Deadlines, LPTV Reimbursement Filing Deadline, a Forum to Examine the Future of the Broadcast Industry, and More
November is not one of those months with due dates for renewal filings, EEO public file reports or quarterly issues programs reports. Some of those obligations wait until December, when renewal filings for radio stations in Georgia and Alabama are due by December 2 (as December 1 falls on a weekend). Due for uploading on… Continue Reading…
Comments Due November 22 on Regulatory Fee Issues for 2020 – Including Whether to Reduce Fees for VHF Stations and Incubated Stations
The FCC’s Further Notice of Proposed Rulemaking on annual regulatory fees was published in the Federal Register this week, setting the comment date in that proceeding as November 22, with reply comments due December 23. As we wrote when the FCC’s fee decision for 2019 fees was released, this Further Notice is examining a number… Continue Reading…
FCC Issues “Clarifications” of Political Broadcasting Public File Disclosure Requirements – Significantly More Disclosures to Be Required on Issue Ads
The FCC last week released two decisions (here and here) addressing complaints from public interest groups against several TV stations alleging that the stations had not sufficiently disclosed in their online public files sufficient information about political issue advertising. These decisions, as detailed below, will end up making life significantly more difficult for broadcasters running… Continue Reading…
FCC Plans Auction in April for the Rights to Build New FM Stations
It has been many years since the FCC conducted an auction of new FM channels, principally due to its preoccupation with the TV incentive auction. But that is about to change as the FCC announced yesterday that it is planning a new FM auction starting on April 28, 2020, and issued a request for comment on… Continue Reading…
FCC Extends Deadline for LPTV and TV Translators to File for Reimbursement for Repacking Expenses – FM Filing Deadline Not Extended
Yesterday, the FCC extended the deadline for LPTV stations and TV translators to file for reimbursement for their expenses incurred in changing channels because of the repacking of the TV band following the TV incentive auction. These stations were given an extra month until November 15 to file these requests. See our articles here and… Continue Reading…
More Challenges for E-Cigs Ads – Congress and FTC Looking at Marketing Practices While States Impose Bans
We recently wrote about some of the challenges for e-cig advertising based on Federal and state actions to restrict the sale of flavored vaping products. Even though advertising for e-cigarettes is not currently illegal at the Federal level (see our articles here and here that discuss the disclaimer that must accompany those ads and the requirement that ads should not make health claims or target children),…
October Regulatory Dates for Broadcasters – EEO, License Renewal, Quarterly Issues Programs Lists, the Last Children’s Television Quarterly Report, Repacking Deadlines and More
October is one of the busiest months on the broadcaster’s regulatory calendar. On October 1, EEO Public Inspection file reports are due in the online public file of stations that are part of an Employment Unit with 5 or more full-time employees in Alaska, Florida, Hawaii, Iowa, Missouri, Oregon, Washington, American Samoa, Guam, the Mariana Islands, Puerto Rico, Saipan, and the Virgin Islands.…
