Radio Category

Michigan Association of Broadcasters, 2015 Summer Celebration, Shanty Creek Resorts, Bellaire, MI, August 17-19, 2015

Posted August 17, 2015


Nebraska Broadcasters Association, Annual Convention, Ramada Plaza Hotel, Omaha, NE, August 11-12, 2015

Posted August 11, 2015


New Jersey Broadcasters Association, 68th Annual Conference and Gala, Caesars, Atlantic City, NJ, June 17-18, 2015

Posted June 17, 2015


Missouri Broadcasters Association, 2015 MBA Convention & Awards Banquet, Tan-Tar-A-Resort, Osage Beach, MO, June 5-6, 2015

Posted June 5, 2015


Alabama Broadcasters Association, Abby Awards, Hyatt Regency Hotel, Hoover, AL, March 21, 2015

Posted March 21, 2015


Michigan Association of Broadcasters, Great Lakes Broadcasting Conference, Lansing Center, Lansing, MI, March 10-11, 2015

Posted March 10, 2015


South Carolina Broadcasters Association, Winter Conference, Columbia Metropolitan Convention Center, Columbia, SC, January 29-30, 2015

Posted January 29, 2015


Annual EEO Public File Report Deadline for Stations in Alabama, Colorado, Connecticut, Georgia, Maine, Massachusetts, Minnesota, Montana, New Hampshire, North Dakota, Rhode Island, South Dakota, and Vermont

Scott R. Flick Lauren Lynch Flick

Posted December 1, 2014

By Lauren Lynch Flick and Scott R. Flick

November 2014

This Broadcast Station Advisory is directed to radio and television stations 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.

December 1, 2014 is the deadline for broadcast stations licensed to communities in Alabama, Colorado, Connecticut, Georgia, Maine, Massachusetts, Minnesota, Montana, New Hampshire, North Dakota, Rhode Island, South Dakota, and Vermont to place their Annual EEO Public File Report in their public inspection files and post the reports on their station websites.

Under the FCC's EEO Rule, all radio and television station employment units ("SEUs"), regardless of staff size, must afford equal opportunity to all qualified persons and practice nondiscrimination in employment.

In addition, those SEUs with five or more full-time employees ("Nonexempt SEUs") must also comply with the FCC's three-prong outreach requirements. Specifically, all Nonexempt SEUs must (i) broadly and inclusively disseminate information about every full-time job opening, except in exigent circumstances, (ii) send notifications of full-time job vacancies to referral organizations that have requested such notification, and (iii) earn a certain minimum number of EEO credits, based on participation in various non-vacancy-specific outreach initiatives ("Menu Options") suggested by the FCC, during each of the two-year segments (four segments total) that comprise a station's eight-year license term. These Menu Option initiatives include, for example, sponsoring job fairs, participating in job fairs, and having an internship program.

Nonexempt SEUs must prepare and place their Annual EEO Public File Report in the public inspection files and on the websites of all stations comprising the SEU (if they have a website) by the anniversary date of the filing deadline for that station's license renewal application. The Annual EEO Public File Report summarizes the SEU's EEO activities during the previous 12 months, and the licensee must maintain adequate records to document those activities. Stations must also submit to the FCC the two most recent Annual EEO Public File Reports at the midpoint of their license term and with their license renewal application.

Exempt SEUs -- those with fewer than 5 full time employees -- do not have to prepare or file Annual or Mid-Term EEO Reports.

For a detailed description of the EEO rule and practical assistance in preparing a compliance plan, broadcasters should consult The FCC's Equal Employment Opportunity Rules and Policies - A Guide for Broadcasters published by Pillsbury's Communications Practice Group. This publication is available at: http://www.pillsburylaw.com/publications/broadcasters-guide-to-fcc-equal-employment-opportunity-rules-policies.

Continue reading "Annual EEO Public File Report Deadline for Stations in Alabama, Colorado, Connecticut, Georgia, Maine, Massachusetts, Minnesota, Montana, New Hampshire, North Dakota, Rhode Island, South Dakota, and Vermont"


Biennial Ownership Reports are due by December 1, 2014 for Noncommercial Radio Stations in CO, MN, MT, ND, SD and Noncommercial Television Stations in AL, CT, GA, ME, MA, NH, RI and VT

Scott R. Flick Lauren Lynch Flick

Posted December 1, 2014

By Lauren Lynch Flick and Scott R. Flick

November 2014

The staggered deadlines for noncommercial radio and television stations to file Biennial Ownership Reports remain in effect and are tied to each station's respective license renewal filing deadline.

Noncommercial radio stations licensed to communities in Colorado, Minnesota, Montana, North Dakota, and South Dakota and noncommercial television stations licensed to communities in Alabama, Connecticut, Georgia, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont must electronically file their Biennial Ownership Reports by December 1, 2014. Licensees must file using FCC Form 323-E and must also place the form as filed in their stations' public inspection files. Television stations must assure that a copy of the form is posted to their online public inspection files at https://stations.fcc.gov.

In 2009, the FCC issued a Further Notice of Proposed Rulemaking seeking comments on whether the Commission should adopt a single national filing deadline for all noncommercial radio and television broadcast stations like the one that the FCC has established for all commercial radio and television stations. In January 2013, the FCC renewed that inquiry. Until a decision is reached, noncommercial radio and television stations continue to be required to file their biennial ownership reports every two years by the anniversary date of the station's license renewal application filing deadline.

A PDF version of this article can be found at Biennial Ownership Reports are due by December 1, 2014 for Noncommercial Radio Stations in Colorado, Minnesota, Montana, North Dakota, and South Dakota and Noncommercial Television Stations in Alabama, Connecticut, Georgia, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont.


FCC Enforcement Monitor

Scott R. Flick Carly A. Deckelboim

Posted November 25, 2014

By Scott R. Flick and Carly A. Deckelboim

November 2014

Pillsbury's communications lawyers have published FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others. This month's issue includes:

  • $7,000 Fine for Late Renewal Application and Unauthorized Operation
  • Missing Wood Planks Around Tower Lead to $5,600 Fine
  • $39,000 Fine Upheld for Hearing Aid Compatibility Violations

Reduced Fine Imposed for Unauthorized Operation and Tardy Renewal Application

Earlier this month, the Audio Division of the FCC's Media Bureau (the "Bureau") issued a Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture ("NAL") against a Nevada licensee for failing to timely file its license renewal application and for continuing to operate its FM station after its license had expired. The Bureau imposed a fine for the violations and considered the licensee's renewal application at the same time.

Section 301 of the Communications Act provides that "[n]o person shall use or operate any apparatus for the transmission of energy of communications or signals by radio . . . except under and in accordance with this Act and with a license in that behalf granted under the provisions of the Act." Section 73.3539(a) of the FCC's Rules requires that broadcast licensees file applications to renew their licenses "not later than the first day of the fourth full calendar month prior to the expiration date of the license sought to be renewed."

In this case, the licensee's license expired on October 1, 2013, which meant that the licensee was required to file its license renewal application by June 1, 2013. However, the licensee did not file its renewal application until October 18, 2013, almost three weeks after its license expired, even though the Bureau had attempted to contact the licensee in June of 2013 about the impending expiration. In addition to its license renewal application, the licensee also requested Special Temporary Authority on October 18, 2013 to continue operating while its license renewal application was processed.

Continue reading "FCC Enforcement Monitor"


FCC Proposes to Clear Airwaves of Boring Contest Rules, But State Law Issues Remain

Lauren Lynch Flick

Posted November 21, 2014

By Lauren Lynch Flick

At its Open Meeting this morning, the FCC adopted a Notice of Proposed Rulemaking to "modernize" its station-conducted contest rule, which was originally adopted in 1976. The proposal would allow broadcasters to post the rules of a contest on any publicly accessible website. Stations would no longer have to broadcast the contest rules if they instead announce the full website address where the rules can be found each time they promote or advertise the contest on-air.

Currently, the FCC's rule requires that broadcasters sponsoring a contest must "fully and accurately disclose the material terms of the contest" and subsequently conduct the contest substantially as announced. A note to the rule explains that "[t]he material terms should be disclosed periodically by announcements broadcast on the station conducting the contest, but need not be enumerated each time an announcement promoting the contest is broadcast. Disclosure of material terms in a reasonable number of announcements is sufficient."

Of course what terms are "material" and what number of announcements is "reasonable" have been open to interpretation. A review of many past issues of Pillsbury's Enforcement Monitor reveals numerous cases where a station was accused of having failed to disclose on-air a material term of a contest, or of deviating from the announced rules in conducting a contest. Even where a station's efforts are ultimately deemed sufficient, the licensee has been put in the delicate position of defending its disclosure practices as "reasonable," which has the effect of accusing a disappointed listener or viewer of being "unreasonable" in having not understood the disclosures made.

Adopting the rule change proposed by the FCC today would simplify a broadcaster's defense of its actions because a written record of what was posted online will be available for the FCC to review. Accordingly, questions about whether the station aired the rules, or aired them enough times for the listener/viewer to understand all the material terms of the contest would be less important from an FCC standpoint. Instead, the listener/viewer will be expected to access the web version of the rules and benefit from the opportunity to review those rules at a more leisurely pace, no longer subjected to a fast-talker recitation of the rules on radio, or squinting at a mouseprint crawl at the bottom of a television screen. While the FCC's willingness to accept online disclosures is certainly welcome, the question of what disclosures must be made in the first instance remains. In fact, the FCC asks in the NPRM whether its rules should dictate a set of "material" terms to be disclosed online.

In our Advertising and Sweepstakes practice, we frequently advise sponsors of contests and sweepstakes on how to conduct legal contests, including the drafting of contest rules and the sufficiency of the sponsor's disclosure of those rules in advertisements. In addition to the FCC's rule requiring disclosure of "material" terms, the consumer protection laws of nearly every state prohibit advertising the availability of a prize in a false or misleading manner. What terms will be "material" and essential to making a disclosure not false or misleading is a very fact-specific issue, and will vary significantly depending on the exact nature of the contest involved. As a result, regardless of whether the FCC dictates a prescribed set of "material" terms to be disclosed, the terms will still have to satisfy state disclosure requirements.

The FCC (with regard to station-conducted contests) and state Attorney Generals (with regard to all contests and sweepstakes) investigate whether contests and sweepstakes have been conducted fairly and in accordance with the advertised rules. These investigations usually arise in response to a consumer complaint that the contest was not conducted in the manner the consumer expected. Many of these investigations can be avoided by: (1) having well-drafted contest rules that anticipate common issues which often arise in administering a contest or sweepstakes, and (2) assuring that statements promoting the contest are consistent with those rules.

While, as Commissioner Pai noted, the public does not generally find contest disclosure statements to be "compelling" listening or viewing, and may well change channels to avoid them, the individual states are going to continue to require adequate public disclosure of contest rules, even if that means continued on-air disclosures. If the FCC's on-air contest disclosure requirements do go away, stations will need to focus on how state law contest requirements affect them before deciding whether they can actually scale back their on-air disclosures.

In fact, while a violation of the FCC's contest disclosure requirements often results in the imposition of a $4,000 fine, an improperly conducted contest can subject the sponsor, whether it be a station or an advertiser, to far more liability under consumer protection laws and state and federal gambling laws. In addition, state laws may impose record retention obligations, require registration and bonding before a contest can commence, or impose a number of other obligations. As promotional contests and sweepstakes continue to proliferate, knowing the ground rules for conducting them is critically important. If the FCC proceeds with its elimination of mandatory on-air contest disclosures for station-conducted contests, it will make broadcasters' lives a little easier, but not by as much as some might anticipate.


Massachusetts Broadcasters Association 'Sound Bites' Annual Meeting and Mingling Event, October 30, 2014

Posted October 30, 2014


Kansas Association of Broadcasters Convention, October 19-21, 2014, DoubleTree by Hilton Airport, Wichita, KS

Posted October 19, 2014


New Hampshire Association of Broadcasters Annual Meeting, Appreciation Night and Granite Mike Awards, October 16, 2014

Posted October 16, 2014


Arizona Broadcasters Association 25th Annual Broadcasters Hall of Fame Luncheon, October 16, 2014, Talking Stick Resort, Scottsdale, AZ

Posted October 16, 2014