Articles Posted in Radio

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December 2006

The digital world can seem confusing and intimidating to those who want to “broadcast” music over the Internet, but moving into cyberspace also presents exciting new opportunities. There are myriad ways that music is used on the Internet. There are companies that operate Federal Communications Commission (“FCC”) licensed radio stations that “stream” their over-the-air programming simultaneously on the Internet. There are also companies that deliver their program material directly on the Internet. For purposes of this discussion, both types of Internet users are called “webcasters.”

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November 2006
This Advisory provides a review of political broadcasting rules of the FCC.

In this Advisory, of particular note are new regulations imposed on political broadcasting by the Bipartisan Campaign Reform Act (“BCRA”) of 2002, popularly known as “McCain-Feingold.” BCRA contains several provisions that affect the way stations handle their political advertising. On December 10, 2003, the Supreme Court reviewed BCRA, and left intact all of the provisions of the law that apply to broadcasters.

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November 2006
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 “new EEO Rule”). A complete copy of the new EEO Rule as it relates to broadcasters is attached.

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November 2006
In an effort to reduce the risk of reversal by the United States Court of Appeals for the Second Circuit, the FCC successfully persuaded the Court to allow it to pull back and review four indecency decisions. Earlier this week, the FCC announced the outcome of that review. The “F-word” is still very problematic. A five-second delay mechanism may not be enough to establish a legal defense. There is a tip-of-the-hat toward the First Amendment in the context of news programs but only that. And the procedural hurdle that the FCC has thrown up against blanket indecency complaints is probably only a temporary setback for national organizations intent upon “cleaning up the airwaves.”

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By Kathryn R. Schmeltzer and Jarrett S. Taubman
November 2006
Sample questions include:

  • What is the source of the Commission’s authority to limit “obscene,” “indecent,” and “profane” program material?
  • What FCC regulations prohibit “obscene” or “indecent” program material?
  • What Commission regulations prohibit “profane” program material?
  • What about the First Amendment?
  • Why aren’t cable and satellite subject to the same regulations?

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By Kathryn R. Schmeltzer, Scott R. Flick, Lauren Lynch Flick and Paul A. Cicelski

October 2006
TV, Class A TV, LPTV and TV translator stations licensed to communities in New York and New Jersey should be receiving soon a postcard from the FCC reminding them that their license renewal applications must be filed by February 1, 2007.

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By Kathryn R. Schmeltzer, Lauren Lynch Flick and Paul A. Cicelski

October 2006
Content of the Quarterly List

The next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ local Public Inspection Files by October 10, 2006, reflecting information for the months of July, August, and September.

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September 2006
The Commission has designated a Texas radio station’s license renewal application for hearing after determining that the licensee apparently made several false certifications to the Commission, calling the licensee’s basic character qualifications into question. In January 2003, the licensee applied for a license to cover a previously-granted construction permit, and certified that the station’s new facilities had been constructed as authorized. In May 2003, however, Commission personnel observed the station transmitting from a site approximately five miles from the location specified in the station’s license application. During the subsequent inspection of the station, the licensee acknowledged that it had not commenced construction at the authorized site as certified, but that it had filed the license to cover application in order to prevent the expiration of the construction permit.

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By Kathryn R. Schmeltzer, Clifford M. Harrington and Richard R. Zaragoza

September 2006
FCC’s Office of Engineering and Technology Announces Schedule for Proceeding on Unlicensed Operation in the TV Broadcast Bands

As we reported earlier, on March 6, 2006, the FCC released an Order in Complaints Regarding Various Television Broadcasts Between February 2, 2002 and March 8, 2005, Notices of Apparent Liability and Memorandum Opinion and Order, FCC 06-17 (the “Omnibus Order”). After the release of the Order, Fox Television Stations, Inc. and CBS Broadcasting, Inc. filed a joint petition for review in the United States Court of Appeals for the Second Circuit and the ABC Television Network and Hearst-Argyle Television, Inc. filed a joint petition for review in the United States Court of Appeals for the D.C. Circuit which transferred the petition to the Second Circuit. The Second Circuit consolidated the petitions on June 14, 2006.

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By Kathryn R. Schmeltzer, Scott R. Flick, Lauren Lynch Flick and Paul A. Cicelski

August 2006
TV, Class A TV, LPTV and TV translator stations licensed to communities in Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island and Vermont should be receiving soon a postcard from the FCC reminding them that their license renewal applications must be filed by December 1, 2006.

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