Articles Posted in Radio

Published on:

By

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.

Continue reading →

Published on:

By

The U.S. District Court for the District of Columbia has ruled that the Copyright Royalty Board is constitutional. The decision ends for now a long-running controversy over the legitimacy of the CRB, which sets royalty rates that webcasters pay to copyright owners– rates that webcasters see as excessively high and a threat to the industry.

The CRB is comprised of three judges appointed by the Librarian of Congress. It meets once every five years to establish the royalty rates that webcasters must pay copyright owners when using their music on the Internet. In the past, the rates set by the CRB were decried by webcasters as excessive, which ultimately led to the passage of the Webcasters Settlement Acts of 2008 and 2009. Pursuant to these statutes, several classes of webcasters, including small commercial webcasters, microcasters, and noncommercial webcasters, have been able to negotiate settlement agreements with SoundExchange, which represents the copyright holders, and agree to rates that, while still unpopular with webcasters, are nonetheless lower than those set by the CRB.

Continue reading →

Published on:

By

Comments are due by March 1, 2010 and Reply Comments are due March 30, 2010 to the FCC’s proceeding to implement national emergency alert testing at least once a year and to collect station data from such tests.

In a Second Further Notice of Proposed Rulemaking (“NPRM”) concerning updating of the nation’s Emergency Alert System (“EAS”) to meet modern security concerns, the FCC proposes to require testing of the EAS on a nationwide basis. To date, the EAS has never been used to deliver a national EAS alert. While Part 11 of the FCC’s rules requires periodic testing of state and local EAS alerts by all radio and television EAS participants, no national test of the EAS has ever been conducted, and the current rules do not require such testing. As a result, it is not known whether the system would in fact function as required should the President issue a national alert. Accordingly, the FCC proposes to require EAS participants to take part in national EAS testing, as well as continue a modified schedule of the weekly and monthly EAS already in effect.

Continue reading →

Published on:

By and

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.”

Continue reading →

Published on:

By

FCC establishes June 12, 2010 as a “hard date” for wireless microphones and certain broadcast low power auxiliary operations to vacate 700 MHz spectrum. Some stations will have to move much sooner.

The FCC has released an Order further clearing the 700 MHz band of incumbent users to permit the new public safety and commercial users of those frequencies to complete construction and commence operations. The Order addresses use of the band by low power auxiliary stations intended for use as wireless microphones, cue and control communications, and synchronization of TV camera signals, and requires that such stations cease operations in the band by June 12, 2010. The FCC indicates that current users will need to move sooner than that if they either receive direct notice from new users of the spectrum that public safety or commercial wireless operations in the band will be commencing, or if the FCC releases a later Public Notice to that effect. The Order includes a Further Notice of Proposed Rulemaking (“FNPRM”) in which the Commission proposes broad revisions to the rules governing low power auxiliary operations. Broadcasters that have been or contemplate operating low power auxiliary stations on an unlicensed basis may be able to secure greater interference protection by licensing their facilities instead. Comments on the FNPRM are due on February 22, 2010 and Reply Comments are due by March 15, 2010.

Continue reading →

By
Posted in: Radio
Published on:
Updated:
Published on:

By

Disclosure and Disclaimer Requirements Retained. Decision Likely Invalidates Identical Political Ad Restrictions on Labor Unions.

On January 21, 2010, the Supreme Court of the United States issued its long-awaited decision in Citizens United v. Federal Election Commission, a case challenging limits on political speech by corporations.

Continue reading →

Published on:

By

January 2010
The FCC has established a national filing deadline for commercial radio and television stations to file their Biennial Ownership Reports. However, the schedule for the filing of Biennial Ownership Reports by noncommercial stations remains staggered, tied to their anniversary renewal filing deadlines.

Noncommercial radio stations licensed to communities in Arkansas, Louisiana, Mississippi, New Jersey and New York, and noncommercial television stations licensed to communities in Kansas, Nebraska and Oklahoma, must file their Biennial Ownership Reports by February 1, 2010.

Continue reading →

Published on:

By

January 2010

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.

Introduction
February 1, 2010 is the deadline for broadcast stations licensed to communities in the States/Territories referenced above to place their Annual EEO Public File Report in their public inspection files and post the report on their website, if they have one. In addition, certain of these stations, as detailed below, must electronically file their EEO Mid-term Report on FCC Form 397 by February 1, 2010.

Continue reading →

Published on:

By

This afternoon, the Commission released an Order announcing that, due to technical difficulties, it was temporarily suspending the use of the new FCC Form 323 and, as a consequence, was postponing the January 11, 2010 deadline for the filing of Biennial Ownership Reports for commercial broadcast licensees. The Commission stated that it would announce the reactivation of the new form and the new filing deadline in a subsequent Public Notice. The Order states that the Commission “will temporarily suspend the ability to start a new biennial Form 323 during this interim suspension period but will allow filers to complete and file forms that they have already started should they wish to do so.” The Order also states that the new filing deadline will be at least 90 days from the date that the new form is made available for new biennial filings.

Continue reading →