Articles Posted in Television

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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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October 2006
Annual DTV Ancillary/Supplementary Services Report for Commercial Digital Television Stations

Each commercial and noncommercial educational television broadcast station that has received its digital television license must file FCC Form 317 to report to the FCC whether its station provided ancillary or supplemental services at any time during the twelve-month period ending on the preceding September 30. Only licensed DTV stations must file. Those operating pursuant to Special Temporary Authority or Program Test Authority need not file. The FCC Form 317 is due by December 1, 2006. Electronic filing of FCC Form 317 is mandatory beginning November 1, 2006. Paper versions will not be accepted for filing after October 31, 2006 unless accompanied by an appropriate request for waiver.

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By Kathryn R. Schmeltzer and Tony Lin

October 2006
On September 29, 2006, the FCC released the Second Order on Reconsideration and Second Report and Order (hereafter “Second Order”) regarding the children’s television rules and policies it had established in 2004 but for which it had suspended implementation pending reconsideration. In the Second Order, the FCC rejected many of the petitions for reconsideration but adopted several changes to the 2004 rules that were requested by a coalition of broadcasters, programmers, and public interest groups in a “Joint Proposal” submitted earlier this year. The revised rules, which are discussed below, will take effect 60 days after publication in the Federal Register.

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

October 2006
The next Children’s Television Programming Report must be filed with the FCC and placed in stations’ local Public Inspection Files by October 10, 2006, reflecting programming aired during the months of July, August, and September.

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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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