Legal File
FCC Announces Form 395-B EEO Report Will Not Be Due September 30, 2024
On Friday (8/30), the FCC released a Public Notice confirming that the Form 395-B, reimposed by the FCC earlier this year (and the subject of several appeals), will not be due September 30, 2024, as we speculated earlier last week in our look ahead at September regulatory dates.
Read MoreSeptember 2024 Regulatory Dates for Broadcasters – FCC Regulatory Fees, LUC Window for the General Election, Comment Deadlines on AI in Political Advertising and More
It is time for our update on the coming month’s regulatory dates and deadlines to which broadcasters should be paying attention – and the deadline that probably is most important to all commercial broadcasters is not yet known. That, of course, is the deadline for the payment of annual regulatory fees – which must be made before the federal government’s October 1 start of the new fiscal year.
Read MoreEven Though No Nationwide EAS Test is Scheduled, FCC Reminds Broadcasters – Both Commercial and Noncommercial – To File ETRS Form One by October 4, 2024
We thought that this would be a good time to remind broadcasters of EAS filing obligation that they may have missed as there has not been the widespread publicity that comes with the announcement of a Nationwide EAS test. While there is apparently no plan to conduct a Nationwide Test this year, broadcasters still must file their EAS Test Reporting System (ETRS) Form One by October 4, 2024.
Read MoreThe FCC Proposes Requirements for Disclosures About the Use of Artificial Intelligence in Political Ads – Looking at Some of the Many Issues for Broadcasters
On July 25, the FCC released a Notice of Proposed Rulemaking that was first announced by the FCC Chairwoman three months ago, proposing to require that the use of artificial intelligence in political advertising be disclosed when it airs on broadcast stations, local cable systems, or satellite radio or TV. This proposal has been controversial, even before the details were released, with many (including the Chair of the Federal Election Commission and some in Congress) questioning whether the FCC had the authority to adopt rules in this area.
Read MoreAugust 2024 Regulatory Dates for Broadcasters– Annual Regulatory Fee Details, EEO Annual Filings, Effective Date of Reinstated FM Non-Duplication Rule, Opening of Window for Class A/ LPTV/ TV Translator Channel Change Applications, and More
There are still many dates to which broadcasters should be paying attention this August. One that most commercial broadcasters should be anticipating is the FCC’s order that will set the amount of their Annual Regulatory Fees, which will be paid sometime in September before the October 1 start of the federal government’s new fiscal year.
Read MoreRing! Ring! Ring! Ring! Ring! It’s the Olympics Calling!
Earlier this year, we posted updated guidelines about engaging in or accepting advertising or promotions that directly or indirectly allude to the Super Bowl without a license from the NFL or the Final Four Tournament without a license from the NCAA. See here, here and here. Now, it is time to think about these issues in the context of the 2024 Paris Olympics!
Read MoreAugust 15 Is the Effective Date of Requirements for Foreign Government Certifications for Political Issue Advertising and Paid PSAs
The FCC this week issued a Public Notice announcing the effective date of certain portions of the FCC Order released in June adopting changes to its requirements that broadcasters obtain certifications from buyers of program time on their stations that the sponsors are not foreign governments or agents of those governments.
Read MoreSupreme Court Rejects the Chevron Doctrine – What Does it Mean for Broadcasters Regulated By the FCC?
Last week, the U.S. Supreme Court overturned the longstanding Chevron doctrine, which required courts to defer to expert regulatory agencies, like the FCC, when interpreting ambiguous statutes, unless the agency acted unreasonably.
Read MoreJuly Regulatory Dates for Broadcasters – Quarterly Issues/Programs Lists, Comment Deadlines in Multiple Proceedings, Political Windows and More
The lazy days of summer continue to provide little respite from the regulatory actions of importance to broadcasters. This month brings quarterly requirements, including most importantly, the obligation to upload Quarterly Issues Programs Lists to a station’s online public file, and a number of comment deadlines in important FCC proceedings, as well as the opening of political windows in this major election year.
Read MoreFCC Admonishes Three TV Stations for Not Having Clauses in Sales Agreements Requiring Non-discrimination in the Purchase of Advertising Time – A Reminder to Broadcasters
Today, we will focus on a less publicized set of actions taken last week that remind broadcasters of a decade-old requirement to which not much attention has been paid since its adoption – the requirement that broadcasters not discriminate in the sale of advertising time and include in sales contracts statements informing their ad buyers of their polices against such discrimination.
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