2008 Archives

FCC Issues Notice of Proposed Rulemaking for Analog Nightlight Program

Posted December 24, 2008

By Richard R. Zaragoza and Craig J. Saperstein

December 2008
On December 24, 2008, the Federal Communications Commission ("FCC") issued a Notice of Proposed Rulemaking (NPRM) to implement the recently enacted Short-Term Analog Flash and Emergency Readiness (SAFER) Act. The SAFER Act directs the Commission to develop a "nightlight" program to permit stations to continue to broadcast analog signals for 30 days after the February 17, 2009 DTV transition deadline for the limited purpose of providing public safety and digital television ("DTV") transition information. The Notice describes the FCC's framework for implementing the nightlight program and establishes an expedited public comment period. The notice was published in the Federal Register on December 31, 2008, thereby establishing Monday, January 5, 2009 as the deadline for comments, and Thursday, January 8 as the deadline for reply comments.

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FCC Enforcement Monitor

Posted December 12, 2008

By Scott R. Flick

December 2008
Topics include:

  • FCC Fines Mississippi Radio Station $13,000 for Failure to Inform Federal Aviation Administration of Antenna Structure Lighting Malfunction and Failure to Maintain a Public Inspection File
  • Commission Fines Nevada Radio Licensee $5,600 for Failing to Enclose Tower With an Effective Locked Fence
  • FCC Fines New Mexico Radio Station $10,000 for Operating from an Unauthorized Location

Continue reading "FCC Enforcement Monitor"

FCC Issues Notice of Proposed Rulemaking for Analog Nightlight Program

Posted December 8, 2008

By Richard R. Zaragoza and Craig J. Saperstein

December 2008
On December 24, 2008, the Federal Communications Commission ("FCC") issued a Notice of Proposed Rulemaking (NPRM) to implement the recently enacted Short-Term Analog Flash and Emergency Readiness (SAFER) Act. The SAFER Act directs the Commission to develop a "nightlight" program to permit stations to continue to broadcast analog signals for 30 days after the February 17, 2009 DTV transition deadline for the limited purpose of providing public safety and digital television ("DTV") transition information. The Notice describes the FCC's framework for implementing the nightlight program and establishes an expedited public comment period. The notice was published in the Federal Register on December 31, 2008, thereby establishing Monday, January 5, 2009 as the deadline for comments, and Thursday, January 8 as the deadline for reply comments.

Continue reading "FCC Issues Notice of Proposed Rulemaking for Analog Nightlight Program"

Broadcast Station EEO Advisory

Posted December 5, 2008

By Richard R. Zaragoza , Lauren Lynch Flick and Christine A. Reilly

December 2008
This Broadcast Station EEO Advisory is directed to radio and television stations licensed to communities in: Arkansas, Kansas, Louisiana, Mississippi, Nebraska, New Jersey, New York and Oklahoma, and highlights the upcoming deadlines for compliance with the FCC's EEO Rule.

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FCC Universal Service Fund Proceeding Expected to Impact Telecom Charges for End Users; New Reply Comment Date Established

Posted December 2, 2008

By Glenn S. Richards

December 2008
On December 2, 2008, the FCC extended the reply comment date in its sweeping Universal Service Fund ("USF") Further Notice of Proposed Rulemaking (the "FNPRM") until December 22, 2008. USF is an almost $7 billion program overseen by the FCC that promotes the availability of affordable telecommunications services throughout the United States. Funds are made available to schools and libraries, low-income residential consumers and telephone companies operating in high cost areas.

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Special Advisory for Commercial and Noncommercial Broadcasters: Radio and Television Station Public Inspection File Requirements

Posted December 1, 2008

By Richard R. Zaragoza , Paul A. Cicelski and Christine A. Reilly

December 2008
This Advisory is designed to aid commercial, as well as noncommercial educational, radio and television station broadcasters in complying with the FCC's public inspection file rules. See 47 C.F.R. ยงยง 73.3526 and 73.3527. This Advisory tracks the public access, content, retention and organizational requirements of those regulations, as well as summarizes the public information requirements mandated by passage of the Bipartisan Campaign Reform Act of 2002.

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Reminder: $1000 Federal Grants Available to Eligible Low-Power Television Stations to Purchase Digital-to-Analog Conversion Devices

Posted November 17, 2008

By Richard R. Zaragoza

November 2008
Reminder: The National Telecommunications and Information Administration has set aside $1,000 per eligible low-power television station, for the purchase of digital-to-analog conversion devices. Individual grants come from a Federal fund limited to $1 million and are awarded on a first-come-first-serve basis until February 17, 2009.

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FCC Enforcement Monitor

Posted November 14, 2008

By Scott R. Flick

November 2008
Topics include:

  • FCC Upholds $9,000 Fine for Noncommercial FM Radio Station Airing Advertisements
  • FCC Fines New York AM Radio Station $12,800 for Failing to Sign Off at Sunset, Failing to Maintain Daytime Operating Power, Failing to Maintain an Operational Emergency Alert System, and Failing to Maintain a Complete Public Inspection File

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Biennial Ownership Reports Due by December 1, 2008 for Certain Radio and Television Broadcasters

Posted November 10, 2008

By Richard R. Zaragoza and Christine A. Reilly

November 2008
Commercial and noncommercial Radio stations licensed to communities in Colorado, Minnesota, Montana, North Dakota and South Dakota must file their Biennial Ownership Reports with the FCC by December 1, 2008. Commercial and noncommercial Television stations licensed to communities in the States of Alabama, Connecticut, Georgia, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont must also file their Biennial Ownership Reports by the same deadline.

Continue reading "Biennial Ownership Reports Due by December 1, 2008 for Certain Radio and Television Broadcasters"

Broadcast Station EEO Advisory

Posted November 7, 2008

By Richard R. Zaragoza and Christine A. Reilly

November 2008
This Broadcast Station EEO Advisory is directed to radio and television stations licensed to communities in: Alabama, Colorado, Connecticut, Georgia, Maine, Massachusetts, Minnesota, Montana, New Hampshire, North Dakota, Rhode Island, South Dakota, and Vermont, and highlights the upcoming deadlines for compliance with the FCC's EEO Rule.

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Annual DTV Ancillary/Supplementary Services Report for Commercial Digital Television Stations

Posted November 3, 2008

By Lauren Lynch Flick and Paul A. Cicelski

November 2008
All commercial and noncommercial educational digital television broadcast station licensees and permittees must file FCC Form 317 to report whether their stations provided ancillary or supplemental services at any time during the twelve-month period ending on the preceding September 30. The FCC Form 317 is due by December 1, 2008. Electronic filing of FCC Form 317 is mandatory. Paper versions will not be accepted for filing unless accompanied by an appropriate request for waiver.

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Congress Gives SoundExchange and Webcasters Authority to Settle Royalty Rates

Posted October 1, 2008

By Cydney A. Tune and Christopher R. Lockard

10/1/2008
On September 30, the U.S. Senate approved the Webcaster Settlement Act of 2008, a bill giving SoundExchange and webcasters authority to finalize an agreement on performance royalty rates. The bill amends section 114 of the Copyright Act to give SoundExchange until February 15, 2009, to reach a deal over the statutory royalties owed by Internet radio stations, and other non-interactive online music services, to performers and sound recording copyright owners (generally record labels) when their music is performed publicly by means of a digital transmission. The legislation, which was passed by the House of Representatives on September 27, is expected to be signed into law by President Bush.

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EEO in 2008 and Forward: A Legal Guide to the FCC's EEO Rule and Policies for Broadcasters

Posted October 1, 2008

By Richard R. Zaragoza and Emily J. Daniels.

10/1/2008
On November 20, 2002, the FCC released a Second Report and Order and Third Notice of Proposed Rulemaking (the "Second R&O") in which it adopted new equal employment opportunity rules and policies for broadcasters and for multi-channel video programming distributors (the "EEO Rule"). A complete copy of this EEO Rule as it relates to broadcasters is attached hereto as Attachment A.

Continue reading "EEO in 2008 and Forward: A Legal Guide to the FCC's EEO Rule and Policies for Broadcasters"

FCC Issues Declaratory Order Regarding October 1 Cable Carriage Elections

Posted September 26, 2008

By Richard R. Zaragoza and Paul A. Cicelski

September 2008
The FCC released a Declaratory Order on Friday, September 26, 2008, making it clear that the television station cable carriage elections that must be made by October 1, 2008 will determine a station's carriage rights throughout the entire 2009-2011 carriage election cycle.

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Internet Music Breakthrough: Industry Groups Agree on Mechanical Royalties for Interactive Streaming and Limited Downloads

Posted September 24, 2008

By Cydney A. Tune and Christopher R. Lockard

9/24/2008
On Tuesday, September 23, 2008, the Recording Industry Association of America (RIAA), the Digital Media Association (DiMA), the National Music Publishers' Association (NMPA) and several songwriters' associations announced the details of a landmark deal on mechanical royalties for interactive music streaming and limited music downloads.

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2008 Third Quarter FCC Form 388 DTV Quarterly Activity Station Report Advisory for Full-Power Television Broadcast Stations

Posted September 23, 2008

By Richard R. Zaragoza , Lauren Lynch Flick and Christine A. Reilly

September 2008
The next FCC Form 388 DTV Quarterly Activity Station Report must be filed via CDBS and placed in full-power television stations' local public inspection files by October 10, 2008, reflecting information for the months of July, August, and September.

Continue reading "2008 Third Quarter FCC Form 388 DTV Quarterly Activity Station Report Advisory for Full-Power Television Broadcast Stations"

2008 Third Quarter Children's Television Programming Documentation Advisor

Posted September 19, 2008

By Lauren Lynch Flick, Paul A. Cicelski and Christine A. Reilly

September 2008
The next Children's Television Programming Report must be filed with the FCC and placed in stations' local Public Inspection Files by October 10, 2008, reflecting programming aired during the months of July, August and September.

Continue reading "2008 Third Quarter Children's Television Programming Documentation Advisor"

Biennial Ownership Reports Due by October 1, 2008 for Certain Radio and Television Broadcasters

Posted September 17, 2008

By Clifford M. Harrington, Richard R. Zaragoza and Christine A. Reilly

September 2008
Commercial and noncommercial Radio stations licensed to communities in Iowa and Missouri must file their Biennial Ownership Reports with the FCC by October 1, 2008. Commercial and noncommercial Television stations licensed to communities in the States of Alaska, Florida, Hawaii, Oregon and Washington and in the Territories of American Samoa, Guam, Northern Mariana Islands, Puerto Rico and the U.S. Virgin Islands must also file their Biennial Ownership Reports by the same deadline.

Continue reading "Biennial Ownership Reports Due by October 1, 2008 for Certain Radio and Television Broadcasters"

Broadcast Station EEO Advisory

Posted September 12, 2008

By Richard R. Zaragoza , Lauren Lynch Flick and Christine A. Reilly

September 2008
This Broadcast Station EEO Advisory is directed to radio and television stations licensed to communities in: Alaska, Florida, Hawaii, Iowa, Missouri, Oregon, Washington, as well as American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands, and highlights the upcoming deadlines for compliance with the FCC's EEO Rule.


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2008 Third Quarter Issues/Programs List Advisory for Broadcast Stations

Posted September 8, 2008

By Lauren Lynch Flick and Paul A. Cicelski

September 2008
The next Quarterly Issues/Programs List ("Quarterly List") must be placed in stations' local public inspection files by October 10, 2008, reflecting information for the months of July, August and September. The FCC's action adopting the new program report Form 355, which is intended to replace the Quarterly Issues/Programs Lists for full-power and Class A television stations, will not have any effect on this third quarter public file requirement.

Continue reading "2008 Third Quarter Issues/Programs List Advisory for Broadcast Stations"

FCC Warns Regulatory Fee Filing Payers About Potential "Phishing"

Posted September 4, 2008

By Richard R. Zaragoza and Christine A. Reilly

9/4/2008
On September 2, 2008, the FCC released a Public Notice Warning Regulatory Fee Filing Payers About Potential "Phishing."

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Assessment and Collection of Fiscal Year 2008 Regulatory Fees

Posted August 26, 2008

By Richard R. Zaragoza and Paul A. Cicelski

8/26/2008
The Commission has announced that full payment of all applicable Regulatory Fees for Fiscal Year 2008 must be received no later than September 25, 2008.

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FCC Releases Updated Version of "The Public and Broadcasting"

Posted August 5, 2008

By Richard R. Zaragoza , Paul A. Cicelski and Christine A. Reilly

8/5/2008
In July 2008, the FCC released the latest edition of "The Public and Broadcasting" manual, its second update in three months.

Continue reading "FCC Releases Updated Version of "The Public and Broadcasting""

Upcoming Deadlines Relating to Cable and Satellite Carriage of Television Stations

Posted July 25, 2008

By Lauren Lynch Flick and John K. Hane

7/25/2008
July 31, 2008 is the deadline by which television stations are required to file claims for copyright royalties with the Copyright Office. FCC rules require television stations to make signal carriage elections by October 1, 2008 for the period 2009-2012. The upcoming termination of analog broadcasts makes this year's carriage elections especially important. In addition, television stations that will terminate analog broadcasting have a special October 1 notice obligation with respect to satellite operators.

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Broadcast EEO Advisory

Posted July 22, 2008

By Richard R. Zaragoza , Lauren Lynch Flick and Christine A. Reilly

July 2008
This Broadcast Station EEO Advisory is directed to radio and television stations licensed to communities in: California, Illinois, North Carolina, South Carolina, and Wisconsin, and highlights the upcoming deadlines for compliance with the FCC's EEO Rule.

Continue reading "Broadcast EEO Advisory"

Biennial Ownership Reports Due by August 1, 2008 for Certain Radio and Television Broadcasters

Posted July 18, 2008

By Clifford M. Harrington, Richard R. Zaragoza , and Christine A. Reilly

July 2008
Commercial and noncommercial Radio stations licensed to communities in Illinois and Wisconsin must file their Biennial Ownership Reports with the FCC by August 1, 2008. Commercial and noncommercial Television stations licensed to communities in California, North Carolina, and South Carolina must also file their Biennial Ownership Reports by the same deadline.

Continue reading "Biennial Ownership Reports Due by August 1, 2008 for Certain Radio and Television Broadcasters"

The FCC Lifts the Freeze on the Filing of Class A Television Station Displacement and Expansion Applications

Posted July 15, 2008

By Richard R. Zaragoza and Paul A. Cicelski

7/15/2008
Yesterday, the FCC announced that, effective as of August 4, 2008, it was lifting the freeze on the filing of two types of Class A television station applications: (i) ones to expand authorized coverage through facilities modifications, and (ii) ones to substitute channels where current channels are expected to be displaced.


Continue reading "The FCC Lifts the Freeze on the Filing of Class A Television Station Displacement and Expansion Applications"

FCC Enforcement Monitor

Posted June 30, 2008

By Scott R. Flick

June 2008
Topics include:

  • Texas AM Radio Station Assessed $8,800 Fine for Failure to Maintain a Main Studio and Operation Above Authorized Power Level
  • FCC Fines Arizona Radio Station $6,400 for Emergency Alert System Violation
  • FCC Proposes Fine of $10,000 to Hawaii Radio Station for Violating Radio Frequency Radiation Limits

Continue reading "FCC Enforcement Monitor"

DTV Consumer Education Quarterly Activity Report (FCC Form 388) Now Available to be Filed in CDBS

Posted June 26, 2008

By Richard R. Zaragoza , Lauren Lynch Flick and Christine A. Reilly

6/26/2008
The FCC Form 388 is now available in the Commission's Consolidated DataBase System (CDBS) for electronic filing by July 10, 2008. The Report will cover the period April through June. Once filed, a copy of the Report should be promptly placed in the station's local public inspection file and posted on the station's website, if it has one.

Continue reading "DTV Consumer Education Quarterly Activity Report (FCC Form 388) Now Available to be Filed in CDBS"

Unlicensed But Not Unregulated: An Overview of the FCC's Regulations Regarding Part 15 Devices

Posted June 5, 2008

By Clifford M. Harrington and Tony Lin

June 2008
The FCC has long permitted devices employing relatively low level radio frequency signals ("Part 15 devices"), such as garage door openers, cordless telephones, personal computers, and computer peripherals, to be operated without the need for a spectrum license. While such operations are unlicensed, the devices themselves are not unregulated. The FCC's rules require that the manufacturer or importer of such devices (the "responsible party") obtain equipment authorization before marketing any such device in order to minimize the potential for harmful radiofrequency interference. Failure to obtain proper equipment authorization can result in monetary forfeitures and/or other sanctions. The FCC routinely investigates Part 15 rule violations and, as an example, recently issued a notice of apparent liability in the amount of $1,000,000 against one alleged violator.

Continue reading "Unlicensed But Not Unregulated: An Overview of the FCC's Regulations Regarding Part 15 Devices"

2008 Second Quarter FCC Form 388 DTV Quarterly Activity Station Report Advisory for Broadcast Stations

Posted June 2, 2008

By Richard R. Zaragoza , Lauren Lynch Flick and Christine A. Reilly

June 2008
The next FCC Form 388 DTV Quarterly Activity Station Report must be filed via CDBS and placed in stations' local public inspection files by July 10, 2008, reflecting information for the months of April, May, and June.

Continue reading "2008 Second Quarter FCC Form 388 DTV Quarterly Activity Station Report Advisory for Broadcast Stations"

FCC Proposes Fiscal Year 2008 Regulatory Fees

Posted May 20, 2008

By Richard R. Zaragoza

May 2008
The Commission has announced its proposed annual regulatory fees for Fiscal Year 2008. The final fee amounts and filing deadline will be announced in a Public Notice following consideration of Comments to be filed by May 30, 2008 and Reply Comments to be filed by June 6, 2008.

Continue reading "FCC Proposes Fiscal Year 2008 Regulatory Fees"

FCC Enforcement Monitor

Posted May 12, 2008

By Scott R. Flick

May 2008
Topics include:

  • Virginia Radio Licensee Assessed $8,000 Fine for Enforcing Format Restriction Provision in Non-Compete Agreement
  • FCC Proposes to Fine Texas TV Licensee $20,000 for Children's Television Violations
  • FCC Fines Ohio Non-Commercial Radio Station $9,000 for Airing Prohibited Advertising
  • FCC Fines Mississippi AM Radio Station $1,500 for Operating from Unauthorized Location at Excessive Power Level

Continue reading "FCC Enforcement Monitor"

Broadcast Station EEO Advisory

Posted May 5, 2008

By Richard R. Zaragoza , Lauren Lynch Flick and Christine A. Reilly

May 2008
This Broadcast Station EEO Advisory is directed to radio and television stations licensed to communities in: Arizona, the District of Columbia, Idaho, Maryland, Michigan, Nevada, New Mexico, Ohio, Utah, Virginia, West Virginia, and Wyoming, and highlights the upcoming deadlines for compliance with the FCC's EEO Rule.

Continue reading "Broadcast Station EEO Advisory"

Biennial Ownership Reports Due by June 1, 2008 for Certain Radio and Television Broadcasters

Posted May 1, 2008

By Richard R. Zaragoza , Clifford M. Harrington and Christine A. Reilly

May 2008

Commercial and noncommercial Radio stations licensed to communities in Michigan and Ohio must file their Biennial Ownership Reports with the FCC by June 1, 2008. Commercial and noncommercial Television stations licensed to communities in Arizona, the District of Columbia, Idaho, Maryland, New Mexico, Nevada, Utah, Virginia, West Virginia, and Wyoming must also file their Biennial Ownership Reports by the same deadline

Continue reading "Biennial Ownership Reports Due by June 1, 2008 for Certain Radio and Television Broadcasters"

FCC Releases Updated Version of its "The Public and Broadcasting" Manual

Posted April 25, 2008

By Richard R. Zaragoza and Christine A. Reilly

4/25/2008

On April 24, 2008, the FCC released the latest edition of its "The Public and Broadcasting" manual. Please remove the 1999 version of the manual from your public inspection file and replace it with the new 2008 edition.

Continue reading "FCC Releases Updated Version of its "The Public and Broadcasting" Manual"

FCC Enforcement Monitor

Posted April 10, 2008

By Scott R. Flick and Emily J. H. Daniels

April 2008
Topics include:

  • FCC Fines Florida Low Power FM Radio Licensee $24,000 for Unlicensed Operations
  • Commission Fines Florida Tower Owner $12,000 for Failing to Post Antenna Structure Registration Numbers and Paint Its Towers
  • FCC Fines California Radio Licensee for Failing to Operate an Aural Studio-Transmitter Link from the Licensed Location
  • Commission Fines Florida AM Radio Licensee $4,000 for Remaining on Air After Sunset in Violation of Its Station Authorization

Continue reading "FCC Enforcement Monitor"

FCC Releases DTV Consumer Education Form 388 Which Must Be Filed by April 10, 2008

Posted April 3, 2008

By Richard R. Zaragoza , Lauren Lynch Flick and Christine A. Reilly

4/3/2008
For Immediate Attention

As we have previously advised, on March 3, the FCC released a Report and Order outlining new requirements imposed on full-power television stations for educating consumers about the February 17, 2009 transition to digital television service. On March 28, the FCC released a Public Notice announcing that it had received the necessary approvals from the OMB and that the new rules, including reporting requirements, would become effective on Monday, March 31, 2008. As a result of that announcement, full-power television stations must file with the FCC their first FCC Form 388 quarterly report by April 10, 2008. The form must also be placed in the station's Public Inspection File.

Continue reading "FCC Releases DTV Consumer Education Form 388 Which Must Be Filed by April 10, 2008"

DTV Consumer Education and Reporting Requirements Effective Monday, March 31, 2008

Posted March 28, 2008

By Richard R. Zaragoza , Lauren Lynch Flick and Christine A. Reilly

March 2008
Immediate Attention Required

As we have previously advised, on March 3, the FCC released a Report and Order outlining new requirements for the education of consumers regarding the February 17, 2009 transition to digital television service. At the time the FCC released the Report and Order, the new requirements, and the form that the FCC adopted for full-power television stations to report on their compliance with those requirements, remained subject to review and approval by the Office of Management and Budget ("OMB"). This afternoon, the FCC released a Public Notice announcing that it had received the necessary approvals from the OMB and that the new rules and reporting requirements will become effective on Monday, March 31, 2008.

Continue reading "DTV Consumer Education and Reporting Requirements Effective Monday, March 31, 2008"

FCC Admonishes Station Group Owner for Failing to Widely Recruit Under Commission's EEO Rules

Posted March 25, 2008

By Richard R. Zaragoza and Christine A. Reilly

March 2008
As the result of a random EEO audit, the FCC admonished a publicly traded broadcast station group owner for failing to recruit "widely" for every full-time vacancy.

Continue reading "FCC Admonishes Station Group Owner for Failing to Widely Recruit Under Commission's EEO Rules"

FCC Enforcement Monitor

Posted March 20, 2008

By Richard R. Zaragoza and Christine A. Reilly

March 2008
Topics include:

  • FCC Fines Mississippi Radio Station for Broadcasting a Conversation Without First Informing the Other Party
  • Commission Fines Wyoming Radio Licensee $4,200 for Failing to Enclose Tower With an Effective Locked Fence
  • FCC Fines Louisiana Radio Licensee $10,000 for Tower Lighting and Operating Power Violations
  • FCC Fines Licensee of Florida Low Power FM Radio Station $6,400 for Emergency Alert System Violation

Continue reading "FCC Enforcement Monitor"

Alert: FCC Adopts New DTV Consumer Education and Reporting Requirements

Posted March 18, 2008

By Richard R. Zaragoza and Christine A. Reilly

March 2008
On March 3, the FCC released a Report and Order outlining new requirements for the education of consumers regarding the February 17, 2009 transition to digital television service. This Advisory focuses on the Report and Order's specific ramifications for television broadcasters. While no requirements for radio broadcasters are being mandated, the Commission strongly encourages radio broadcasters to participate in the education of the public on the transition to digital television.

Continue reading "Alert: FCC Adopts New DTV Consumer Education and Reporting Requirements"

2008 First Quarter Issues/Programs List Advisory for Broadcast Stations

Posted March 14, 2008

By Lauren Lynch Flick and Paul A. Cicelski

March 2008
Content of the Quarterly List

The next Quarterly Issues/Programs List ("Quarterly List") must be placed in stations' local public inspection files by April 10, 2008, reflecting information for the months of January, February, and March. The FCC's recent action adopting the new program report Form 355 for television, which is intended to replace the Quarterly Issues / Programs Lists, will not have any effect on this first quarter public file requirement.

A PDF version of this entire article can be found at 2008 First Quarter Issues/Programs List Advisory for Broadcast Stations.

Broadcast Station EEO Advisory

Posted March 13, 2008

By Richard R. Zaragoza , Lauren Lynch Flick and Christine A. Reilly

March 2008
This Broadcast Station EEO Advisory is directed to radio and television stations licensed to communities in: Delaware, Indiana, Kentucky, Pennsylvania, Tennessee, and Texas, and highlights the upcoming deadlines for compliance with the FCC's EEO rule.

Continue reading "Broadcast Station EEO Advisory"

Biennial Ownership Reports Due By April 1, 2008 for Certain Radio and Television Broadcasters

Posted March 11, 2008

By Richard R. Zaragoza , Clifford M. Harrington and Christine A. Reilly

March 2008
Commercial and noncommercial Radio stations licensed to communities in Delaware, Indiana, Kentucky, Pennsylvania, and Tennessee must file their Biennial Ownership Reports with the FCC by April 1, 2008. Reports for commercial and noncommercial Television stations licensed to communities in Texas must also file their Biennial Ownership Reports by the same deadline.

Continue reading "Biennial Ownership Reports Due By April 1, 2008 for Certain Radio and Television Broadcasters"

2008 First Quarter Children's Television Programming Documentation Advisory

Posted March 4, 2008

By Lauren Lynch Flick, Paul A. Cicelski and Christine A. Reilly

March 2008
The next Children's Television Programming Report must be filed with the FCC and placed in stations' local Public Inspection Files by April 10, 2008, reflecting programming aired during the months of January, February, and March.

Continue reading "2008 First Quarter Children's Television Programming Documentation Advisory"

New Comment Deadline of April 28th and Reply Comment Deadline of June 11th Announced in the FCC's "Broadcast Localism" Notice of Proposed Rulemaking Proceeding

Posted March 3, 2008

By Richard R. Zaragoza , Clifford M. Harrington, Scott R. Flick, Lauren Lynch Flick, Paul A. Cicelski and Christine A. Reilly

March 2008
Why should you, as a broadcaster, file comments in the FCC's "Report on Broadcast Localism and Notice of Proposed Rulemaking" in MB Docket No. 04-233 ("NPRM")?

Continue reading "New Comment Deadline of April 28th and Reply Comment Deadline of June 11th Announced in the FCC's "Broadcast Localism" Notice of Proposed Rulemaking Proceeding"

FCC Announces Special Daylight Savings Operating Conditions for AM Stations During March 2008

Posted February 15, 2008

By Richard R. Zaragoza and Christine A. Reilly

February 2008
On February 29, the FCC released a Public Notice alerting AM radio stations to the upcoming commencement of Daylight Saving Time, and providing directions for Presunrise and Postsunset Operations during the month of March.

Continue reading "FCC Announces Special Daylight Savings Operating Conditions for AM Stations During March 2008"

FCC Enforcement Monitor

Posted February 1, 2008

By Scott R. Flick and Emily J. H. Daniels

February 2008
Topics include:

  • FCC Fines Texas AM Station $8,800 for Failure to Maintain a Main Studio and Exceeding Licensed Power Levels
  • New York Private Land Mobile Licensee Fined for Operating From an Unauthorized Location With an Antenna Placement Exceeding Authorized Height
  • FCC Fines Owner of Antenna Structure $13,000 for Failure to Paint Antenna Structure and Notify the FCC of a Change in Ownership
  • FCC Issues Several Notices for Failure to Notify of Change in Ownership of Antenna Structure and Failure to Transmit Assigned Call Sign

Continue reading "FCC Enforcement Monitor"

New Program Reporting and Public Inspection File Online Posting Requirements for Television Stations

Posted January 25, 2008

By Richard R. Zaragoza , Scott R. Flick, Lauren Lynch Flick, and Emily J. H. Daniels

January 2008
Television stations will now be required to file FCC Form 355, a new quarterly programming report, as well as post their public inspection files online. These new requirements apply only to full-power and Class A television stations.

Continue reading "New Program Reporting and Public Inspection File Online Posting Requirements for Television Stations"

FCC Releases New Station DTV Transition Readiness Report Form

Posted January 23, 2008

By Richard R. Zaragoza , Scott R. Flick, and Lauren Lynch Flick

January 2008
On January 22, the FCC released the new FCC Form 387. At this time, the form is only available for public viewing; the version of the form to be used for electronic filing purposes will be made available at a later date.

Continue reading "FCC Releases New Station DTV Transition Readiness Report Form"

FCC Enforcement Monitor

Posted January 14, 2008

By Scott R. Flick and Emily J. H. Daniels

January 2008
Topics include:

  • FCC Fines Owner of Florida Antenna Structure $3,000 for Failure to Register
  • Commission Fines Florida Licensee $10,000 for Failure to Comply with Radiofrequency Radiation Requirements
  • Utah Licensee Fined $4,000 for Violating Rule on Broadcasting Telephone Conversations

Continue reading "FCC Enforcement Monitor"

Broadcast Station EEO Advisory

Posted January 11, 2008

By Richard R. Zaragoza , Lauren Lynch Flick and Christine A. Reilly

January 2008
This Broadcast Station EEO Advisory is directed to radio and television stations licensed to communities in: Arkansas, Kansas, Louisiana, Mississippi, Nebraska, New Jersey, New York, and Oklahoma, and highlights the upcoming deadlines for compliance with the FCC's EEO rule.

Continue reading "Broadcast Station EEO Advisory"

Biennial Ownership Reports Due By February 1, 2008 for Certain Radio and Television Broadcasters

Posted January 11, 2008

By Richard R. Zaragoza , Clifford M. Harrington and Christine A. Reilly

January 2008
Commercial and noncommercial Radio stations licensed to communities in Arkansas, Louisiana, Mississippi, New Jersey, and New York must file their Biennial Ownership Reports with the FCC by February 1, 2008. Reports for commercial and noncommercial Television stations licensed to communities in Kansas, Nebraska, and Oklahoma must also file their Biennial Ownership Reports by the same deadline.

Continue reading "Biennial Ownership Reports Due By February 1, 2008 for Certain Radio and Television Broadcasters"

2008 Broadcasters' Calendar

Posted January 4, 2008

By Richard R. Zaragoza , Scott R. Flick, Lauren Lynch Flick, and Paul A. Cicelski

January 2008
The following deadlines are based on information known by us as of the date hereof, may or may not apply to a particular broadcaster, are for general informational purposes only, and should be double-checked for currency close to each pertinent date/deadline. The reason is that actions by the FCC, Congress, or the courts could affect any of these deadlines by, for example, eliminating a particular reporting/filing obligation altogether or modifying the form used, content, deadline, fee, or manner of reporting/filing, such as requiring the posting of a report on the Internet or filing a report with the FCC electronically. It should also be noted that any FCC filing date which falls on a weekend or federal holiday, as a general rule, causes the filing deadline to be shifted to the immediately following business day. Accordingly, broadcasters should seek the advice of communications counsel in each instance to assure timely and proper filing. With respect to the tax-related deadlines identified herein, broadcasters should consult with their tax advisors. This edition of our annual "Broadcasters' Calendar" supercedes all prior editions and accordingly any prior editions should no longer be used.

This material is not intended to constitute a complete analysis of all tax considerations. Internal Revenue Service regulations generally provide that, for the purpose of avoiding United States federal tax penalties, a taxpayer may rely only on formal written opinions meeting specific regulatory requirements. This material does not meet those requirements. Accordingly, this material was not intended or written to be used, and a taxpayer cannot use it, for the purpose of avoiding United States federal or other tax penalties or of promoting, marketing or recommending to another party any tax-related matters.

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FCC Adopts New Station DTV Transition Readiness Report

Posted January 2, 2008

By Richard R. Zaragoza , Scott R. Flick, and Lauren Lynch Flick

January 2008
Television Broadcast Stations Must File New FCC Form 387 by February 18, 2008.


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