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 Public Notice announcing that, effective 12:01 AM on October 1, the agency will “suspend most operations” in the event of a government shutdown, which has since occurred. During the shutdown, many FCC databases, including those relevant to broadcasters (such as the EAS Test Reporting System (ETRS), the Licensing Management System (LMS), the International Communications Filing System (ICFS), and the Universal Licensing System (ULS)) as well as stations’ Online Public Inspection Files, are unavailable, while other FCC databases (such as the Commission Online Registration System (CORES), the Antenna Structure Registration System (ASR), the Electronic Comment Filing System (ECFS), and the Electronic Document Management System (EDOCS)), will remain available. Most broadcast filing deadlines occurring during the shutdown (including EEO Public File Reports due October 1 and Quarterly Issues/Programs Lits due October 10, if the shutdown hasn’t ended by then) will now be due the next business day after the FCC resumes normal operations. In an article on our Broadcast Law Blog, we provided more details about the functioning of the FCC during the shutdown, and urged broadcasters to discuss with their counsel how the shutdown may affect particular dates relevant to their operations.
- Before the shutdown began, the FCC and its Bureaus took the following actions:
- Following its adoption at its September Open Meeting, the FCC released the final text of its Notice of Proposed Rulemaking initiating its 2022 Quadrennial Review of its media ownership rules. Congress requires the FCC to review its media ownership rules every 4 years to determine whether, as result of competition, they remain necessary, and to repeal or modify any rule that the FCC determines is no longer in the public interest. The NPRM seeks comment on whether the FCC should repeal or modify the Local Radio Ownership Rule (which limits to at most 8 in the largest markets the number of radio stations an entity may own), the Local Television Ownership Rule (an entity may own up to two TV stations in a DMA), and the Dual Network Rule (prohibits TV stations from affiliating with an entity owning two or more networks – effectively barring mergers among the “Big Four” broadcast networks: ABC, NBC, CBS, and Fox). Comments and reply comments are due 30 and 60 days, respectively, after the NPRM’s publication in the Federal Register. In September, when the draft of this NPRM was released, we wrote more about the issues in this Quadrennial Review on our Blog, here.
- The Office of Managing Director (OMD) released an Order dismissing or denying several FY2020 regulatory fee waiver, reduction, and/or deferral requests, most of which requested relief based on grounds related to the financial hardship that would result from the payment of the fees. In most cases, the requests were denied as the licensees had not provided adequate documentation of their inability to pay the fees. The OMD also issued a Public Notice announcing that it would group into a single order its decisions on routine requests for waiver, reduction, and/or deferral of regulatory or application fees, and petitions for reconsideration of prior OMD decisions, instead of issuing separate decisions for each request as it had done in the past, although unique requests will still be acted on in separately issued decisions. The Public Notice included a list of FY2020 requests that the OMD granted or dismissed. If you are waiting on the OMD to address your request for waiver, reduction, and/or deferral of regulatory fees or application fees, or on a petition for reconsideration of a prior OMD decision, be sure to review these periodic public notices to see if the OMD has acted.
- The Media Bureau released a Notice of Proposed Rulemaking proposing the substitution of the FM channel or class for the following 5 existing vacant FM allotments, replacing: Channel 221A at Hamilton, Alabama with Channel 277A; Channel 261B at Coalinga, California with Channel 261B1; Channel 291A at Rocksprings, Texas with Channel 289A; Channel 221A at Silverton, Texas with Channel 261A; and Channel 260C2 at Spur, Texas with Channel 281C2. The Bureau determined that the existing vacant allotments do not comply with the FCC’s minimum distance separation requirements or otherwise do not comply with the FCC’s technical rules. The Bureau stated that the proposed amendments would resolve the existing spacing conflicts and technical issues. Comments and reply comments responding to the NPRM are due November 21 and December 8, respectively.
- The Enforcement Bureau issued a Notice of Violation against a West Virginia FM station after an inspection revealed that the station was not operating in compliance with the FCC’s rules governing FM transmission systems because emissions beyond the allowed limits were being created on frequencies more than 600 kHz removed from the station’s authorized main carrier frequency. The station must explain to the Bureau how it will correct the rule violations and prevent future violations from occurring. After reviewing the information it receives, the Bureau will determine if a penalty or further action is warranted.
On our Broadcast Law Blog, we took a look at the upcoming regulatory dates affecting broadcasters this October, which may shift (or already have shifted) depending on when the federal government shutdown ends.
