Pillsbury's Comm Law Center Team, Author at Comm Law Center

Published on: March 16, 2010

Advisory–2010 First Quarter Children’s Television Programming Documentation Advisory

Pillsbury's Comm Law Center Team

March 2010
The next Children’s Television Programming Report must be filed with the FCC and placed in stations’ local Public Inspection Files by April 10, 2010, reflecting programming aired during the months of January, February and March 2010.

Statutory and Regulatory Requirements
As a result of the Children’s Television Act of 1990 and the FCC Rules adopted under the Act, full power and Class A television stations are required, among other things, to: (1) limit the amount of commercial matter aired during programs originally produced and broadcast for an audience of children 12 years of age and younger; and (2) air programming responsive to the educational and informational needs of children 16 years of age and younger.

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Published on: March 1, 2010

Political Broadcasting Advisory

By Pillsbury's Comm Law Center Team

Pillsbury's Comm Law Center Team

This Advisory provides a review of the FCC’s political broadcasting regulations.

Introduction
Eight years after adoption of the Bipartisan Campaign Reform Act (“BCRA”) of 2002, popularly known as “McCain-Feingold,” Congress’ and the FCC’s interest in political broadcasting and political advertising practices remains undiminished. Broadcast stations must insure that a broad range of federal mandates are met, providing “equal opportunities” to all candidates using the stations facilities, affording federal candidates for public office “reasonable access” and treating all candidates for public office no less favorably than the station treats its most favored advertisers. Accordingly, it is imperative that broadcasters be very familiar with what is expected of them in this regulatory area, that they have adequate policies and practices in place to insure full compliance, and that they remain vigilant to legislative, FCC, and FEC changes in the law.

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Published on: February 2, 2010

FCC Approves Digital Power Increase for Most FM IBOC Stations

By Scott R. Flick and Pillsbury's Comm Law Center Team

Scott R. Flick

Pillsbury's Comm Law Center Team

The FCC has released an Order amending its digital audio broadcasting (“DAB”) rules for FM stations operating digital facilities. According to the Order, the underlying purpose for the change is to “improve FM digital coverage and to eliminate regulatory impediments to FM radio’s ability to meet its full potential and deliver its promised benefits.”

The Order authorized most FM stations using an in-band on-channel (“IBOC”) DAB system to increase their digital effective radiated power (“ERP”) by 6 dB without prior FCC approval. The FCC concluded that, due to potential interference issues, super-power FM stations (those having authorized ERPs above the maximum level for their station class) are subject to different digital ERP limitations and may not increase their digital ERP without FCC approval. Under the new rules, the maximum digital ERP for super-power FM stations will be the higher of the “currently permitted -20 dBc level or 10 dB below the maximum analog power that would be authorized for the class of the super-powered FM station adjusted for the station’s antenna height above average terrain.”

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Published on: January 4, 2010

FCC Enforcement Monitor

By Scott R. Flick and Pillsbury's Comm Law Center Team

Scott R. Flick

Pillsbury's Comm Law Center Team

Topics include:

FCC Imposes a Reduced $17,500 Fine on Wyoming Commercial AM/FM Station Combo for Multiple Violations
Pennsylvania TV Station Fined $32,000 for Violating FCC’s Sponsorship ID Rule
Licensee Fined $13,000 for Antenna Structure Violations
FCC Fines California Noncommercial FM Station $9,000 for Failure to Properly Maintain a Public Inspection File

FCC Imposes a Reduced $17,500 Fine on Wyoming Commercial AM/FM Station Combo for Multiple Violations
The FCC has released a Forfeiture Order asserting that the licensee of a Wyoming AM/FM station combination failed to maintain an operational EAS system, failed to consistently prepare and include programs/issues lists in its public inspection file, and failed to operate a wireless radio service station from its authorized location. Specifically, the FCC’s Order cited Sections 11.35, 11.52(d), 11.61(a), 73.3526(e)(12), 1.903(a), 1.929 and 74.532(e) of the FCC’s Rules, which require broadcasters to use common EAS protocols, ensure operability of EAS equipment, conduct regular tests of a station’s EAS system to ensure such operability, prepare and include quarterly programs/issues reports in the public inspection file, and operate wireless radio service facilities as specified in their current authorizations.

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