Legal Memorandums: 2015
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2015 Regulatory Fees Established, Expect Future Changes
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Regulatory Fees Due September 24 - A Little "Inside Baseball” Behind Adoption of Regulatory Fees - FCC seeks Comment on Apportionment of Fees among Broadcasters
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ACCEPT SESAC'S ROYALTY RATE OFFER OR AUTHORIZE COMMITTEE TO SEEK ARBITRATION
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Radio stations throughout the country have received letters within the last two weeks from SESAC and from the Radio Music License Committee concerning renewal of their SESAC music licensing agreement. Stations have expressed confusion about the letters and have sought advice on how to respond. While each station should ultimately consult with its own legal counsel on the matter, the attached memorandum provides an overview of the issues.
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AM Revitalization
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FCC ADOPTS AM REVITALIZATION ORDER; FM TRANSLATOR WINDOWS FOR AM STATIONS OPENING IN 2016 The FCC has issued new rules in its AM Revitalization proceeding and has announced the opening of FM translator filing windows for AM stations. Please open the attached file to learn more. * * * ANCILLARY AND SUPPLEMENTARY SERVICES REPORTS FOR TELEVISION STATIONS DUE DECEMBER 1, 2015 FCC Form 317 must be filed by digital television broadcasters by December 1, 2015. Open the attached file to read more. * * * ALL COMMERCIAL BROADCAST STATIONS MUST FILE BIENNIAL OWNERSHIP REPORTS BY DECEMBER 2, 2015
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ANOTHER 200+ PAGE INCENTIVE AUCTION PUBLIC NOTICE HAS BEEN RELEASED!
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THE FCC's STATION-CONDUCTED CONTEST RULE: Disclosure Relief in Sight (But the New Rule Is Not Yet in Effect!)
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AUDIBLE CRAWL RULES GO INTO EFFECT NOVEMBER 30!
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The "audible crawl rules” that were originally scheduled to go into effect in May 2015 will become effective in three short weeks. Open the attached file to learn more.
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August 21, 2015 Legal Memorandum
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Analog Class A TV Operations Must End September 1, 2015 General Election LUC Window Opens September 4, 2015 December 2, 2015 Biennial Ownership Reports Due
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August 7, 2015 Legal Memorandum
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Incentive Auction Procedures Adopted The FCC Is Not Kidding Around with Children's E/I Programming Five Month Countdown for Online Captioning of "Straight Lift” Video Clips
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CALIFORNIA FEDERAL COURT RESOLVES FOX'S COPYRIGHT AND CONTRACT CLAIMS RELATED TO DISH'S HOPPER TECHNOLOGIES
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CALIFORNIA FEDERAL COURT RESOLVES FOX'S COPYRIGHT AND CONTRACT CLAIMS RELATED TO DISH'S HOPPER TECHNOLOGIES
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CHANGE IN DATE OF WORKSHOP!! FW: VAB Legal Memorandum for TV Members: Reverse Auction Application Procedures Edition (FCC Tutorial Scheduled for Next Week)
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The memorandum we sent earlier today advised that the FCC is holding a reverse auction application procedure tutorial workshop on November 17. Today, the FCC released a Public Notice changing the date to December 8. According to the attached Public Notice, a tutorial about the application process will be available on the FCC's website beginning on November 20.
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COMMENT DATES ESTABLISHED IN PROCEEDING TO "MODERNIZE” THE DEFINITION OF "MVPD”
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COMMENT DATES ESTABLISHED IN PROCEEDING TO "MODERNIZE” THE DEFINITION OF "MVPD”
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D.C. Federal Court Deals a Blow to FilmOn X's Copyright Campaign
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D.C. Federal Court Deals a Blow to FilmOn X's Copyright Campaign
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December 30, 2015
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FCC ANNOUNCES WINDOWS FOR AM STATIONS TO FILE TO MOVE FM TRANSLATORS UP TO 250 MILES; WEB-BASED TOOLS LAUNCHED TO ASSIST AM STATIONS IDENTIFY FM TRANSLATORS COPYRIGHT ROYALTY BOARD SETS NEW WEBCAST ROYALTY RATES TV JOINT SALES AGREEMENTS MAY BE GRANDFATHERED ANOTHER 10 YEARS: CONGRESS PASSES SPENDING BILL WITH JSA RIDER D.C. FEDERAL COURT EXPLAINS THAT INTERNET VIDEO STREAMING SERVICES DON'T QUALIFY FOR A COMPULSORY COPYRIGHT LICENSE
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FAA PROPOSES RULES FOR COMMERCIAL OPERATION OF DRONES
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FAA PROPOSES RULES FOR COMMERCIAL OPERATION OF DRONES
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FCC ANNOUNCES DATES FOR SEVERAL SPECTRUM AUCTION INFORMATION SESSIONS AND AN LPTV/TRANSLATOR WEBINAR
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FCC ANNOUNCES DATES FOR SEVERAL SPECTRUM AUCTION INFORMATION SESSIONS AND AN LPTV/TRANSLATOR WEBINAR
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FCC CONSIDERS WHETHER TO EXTEND EXEMPTION FROM "MATERIAL DEGRADATION” HD CARRIAGE REQUIREMENT FOR CERTAIN SMALL CABLE SYSTEMS
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FCC CONSIDERS WHETHER TO EXTEND EXEMPTION FROM "MATERIAL DEGRADATION” HD CARRIAGE REQUIREMENT FOR CERTAIN SMALL CABLE SYSTEMS
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FCC PROPOSES RULES TO ALLOW DIGITAL OPERATION OF REMOTE PICKUP FACILITIES
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FCC PROPOSES RULES TO ALLOW DIGITAL OPERATION OF REMOTE PICKUP FACILITIES
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FCC PUBLIC NOTICE CLARIFIES CLOSED CAPTIONING CERTIFICATION PROCESS AND ADVISES HOW TO REPORT NON-CERTIFYING PROGRAMMERS
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FCC PUBLIC NOTICE CLARIFIES CLOSED CAPTIONING CERTIFICATION PROCESS AND ADVISES HOW TO REPORT NON-CERTIFYING PROGRAMMERS
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FCC RESCHEDULES LPTV/TRANSLATOR WEBINAR FOR FEBRUARY 24 AND ANNOUNCES MARCH DATES AND LOCATIONS FOR SPECTRUM AUCTION INFORMATION SESSIONS
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FCC RESCHEDULES LPTV/TRANSLATOR WEBINAR FOR FEBRUARY 24 AND ANNOUNCES MARCH DATES AND LOCATIONS FOR SPECTRUM AUCTION INFORMATION SESSIONS
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FCC SEEKS COMMENT ON INCLUDING INTERNET-BASED PROGRAMMING DISTRIBUTORS WITHIN THE DEFINITION OF "MVPD”
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FCC SEEKS COMMENT ON INCLUDING INTERNET-BASED PROGRAMMING DISTRIBUTORS WITHIN THE DEFINITION OF "MVPD”
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Federal Court Rejects Broadcaster Challenges to FCC Order Implementing Certain Aspects of Spectrum Act
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Federal Court Rejects Broadcaster Challenges to FCC Order Implementing Certain Aspects of Spectrum Act
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July 15, 2015 Legal Memorandum
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July 30: TV Station Coverage Data July 31: Copyright Royalty Claims Television JSAs and Possible Congressional Action UHF Set-Aside for White Spaces Devices
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July 22, 2015 Legal Memorandum
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Channel Sharing Webinar set for 3 pm ET on August 13, 2015 New Television Channel Sharing Rules FCC Seeks Comment on Petition for New Retrans Consent Blackout Rule
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July 31, 2015 Legal Memorandum
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"Defects” in ASR Records Instigates Public Notice House Proposes New Legislation Grandfathering JSAs NAB Offers Compromise on "Duplex Gap”; Final Auction Rules Coming FM Chips in Cell Phones: Developments Budgeting: DOL Proposes to Update "White Collar” Exemptions
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Legal Memorandums Click the Download in the document's description to begin your download. The files are listed beginning with the most recently added. RMLC and GMR Agree on Interim Music License for Radio Stations--Action Must Be Taken By January 31, 2017 Description: MUSIC LICENSING ALERT: GLOBAL MUSIC RIGHTS MAKES INTERIM LICENSE AVAILABLE TO RADIO STATIONS; STATIONS MUST TAKE ACTION BY JANUARY 31, 2017 On December 24, the RMLC announced that GMR will make available to radio stations an interim license agreement pending the resolution of lawsuits that the two organizations have filed against each other. The RMLC reports that GMR will make the interim license available to all radio stations until January 31, 2017, and that GMR will not file a copyright lawsuit against any station without a license before that date. Please open the attached file to learn important information about how to take action. Download Data: File Type: pdf File Size: 64107 Added On: 12/27/2016 December 24 Deadline for Radio Online Public File Uploads! Description: FINAL REMINDER OF DECEMBER 24 DEADLINE FOR CERTAIN RADIO STATIONS TO UPLOAD PRE-JUNE 24 PUBLIC FILE RECORDS TO OPIF AND CERTIFY COMPLIANCE Certain radio stations began using the FCC's online public inspection file system on June 24, 2016, for all newly-created public file records. Those radio stations must remember to finish uploading pre-June 24 public file records by December 24 and certify that they have completed the task. Please open the attached file for further information. Download Data: File Type: pdf File Size: 454467 Added On: 12/22/2016 Stations Must Update CORES Information; Noncommercial Stations Have a New Biennial Ownership Reporting Deadline Description: FCC REQUIRES STATIONS TO UPDATE CERTAIN INFORMATION IN THE CORES DATABASE The FCC is requiring all licensees to update their information in the CORES database. Please click on the PDF file to learn more about this important development. * * * NONCOMMERCIAL STATIONS WILL BE REQUIRED TO FILE BIENNIAL OWNERSHIP REPORTS BY DECEMBER 1 OF ODD-NUMBERED YEARS Noncommercial radio stations in Virginia were expecting to file biennial ownership reports by June 1, 2017 (noncommercial TV stations should have filed by June 1, 2016), but that deadline has now been changed, and all noncommercial broadcast stations will be required to file biennial ownership reports by December 1 of odd-numbered years. Please open the attached file to learn more. Download Data: File Type: pdf File Size: 81104 Added On: 12/21/2016 IMPORTANT Upcoming Deadlines (and Potential New Flexibility for EEO Rules!) Description: UPCOMING DEADLINES: December 24, 2016—Certain Radio Stations Must Upload Certain Public File Documents to the OPIF System January 1, 2017—Montages of Video Programming Clips Must Be Closed Captioned on the Web December 2017—ELDs Required in Certain Satellite Trucks January 30, 2017—Comments Due on New Petition to Allow Internet-Only Recruitment for Purposes of the FCC's EEO Rule. To learn more, please open the attached file. And, happy holidays! Download Data: File Type: pdf File Size: 637094 Added On: 12/16/2016 FCC Incentive Auction Stage 4 Public Notice Issued Description: Today, December 9, the FCC released its latest Incentive Auction Public Notice (a copy is attached). The Public Notice provides information for Stage 4 of the auction, including confirmation of the 84 MHz clearing target. As of 10 a.m. ET this morning (December 9), any bidder that had one or more stations with the status "Frozen - Provisionally Winning” at the end of Stage 3 is able to log in to the Reverse Auction Bidding System for Stage 4. Such a bidder may log in and view its bidding status, and, where applicable, the initial bid option, available bid options, vacancy ranges, and clock price offers for each of the bidder's stations. The reverse auction for Stage 4 will begin at 10 a.m. ET on December 13, 2016. Importantly, the FCC is changing the length of time for each clock-round. In Stage 4, bidding rounds will last only one hour (they lasted two hours during prior stages of the auction). From Tuesday, December, 13, 2016, through Friday, December 16, 2016, the schedule will be: Bidding Round 10:00 a.m. - 11:00 a.m. ET Bidding Round 4:00 p.m. - 5:00 p.m. ET Starting on Monday, December 19, 2016, and continuing until further notice, the schedule will be: Bidding Round 10:00 a.m. - 11:00 a.m. ET Bidding Round 1:00 p.m. - 2:00 p.m. ET Bidding Round 4:00 p.m. - 5:00 p.m. ET In addition, the FCC is providing a holiday break. According to the Public Notice, "bidding will be suspended after the second round (1:00 p.m. - 2:00 p.m. ET) on Friday, December 23, 2016, and there will be no bidding from Monday, December 26, 2016, through Monday, January 2, 2017, in observance of the holiday period.” According to the Public Notice, the FCC will announce (in the Reverse Auction Bidding System)—prior to the holiday break—the bidding schedule that will be used when bidding resumes on Tuesday, January 3, 2017. Of course, the Quiet Period is still in effect, and all broadcasters must exercise extreme caution to ensure that they do not violate the FCC's anti-collusion rules. Stations involved in the auction should consult with their advisors, and any broadcaster with questions about the anti-collusion rules and Quiet Period should consult with legal counsel. Download Data: File Type: pdf File Size: 172863 Added On: 12/9/2016 30-Day Countdown to December 24 Radio Online Public File Deadline! Description: 30-DAY COUNTDOWN TO DECEMBER 24 DEADLINE FOR CERTAIN RADIO STATIONS TO UPLOAD PRE-JUNE 24 PUBLIC FILE RECORDS TO OPIF Certain radio stations began using the FCC's online public inspection file system on June 24, 2016, for all newly-created public file records. Those radio stations must remember to finish uploading pre-June 24 public file records by December 24. Don't let the rush of year-end and holidays distract you from this critical deadline. Please open the attached file for further information. Download Data: File Type: pdf File Size: 577018 Added On: 11/22/2016 Legal Memorandum November 21, 2016 Description: MUSIC LICENSING ALERT - RMLC HAS SUED GMR Following fruitless negotiations, the Radio Music Licensing Committee has sued performing rights organization Global Music Right over music licensing fees. To learn more about how this could affect your station, please open the attached file. * * * DIGITAL REMOTE PICKUP (RPU) OPERATIONS STILL REQUIRE AN FCC WAIVER Current FCC rules allow broadcasters to operate RPU gear only with analog emissions. If your station seeks to upgrade to digital RPU emissions, an FCC waiver will be necessary. To read more, please open the attached file. * * * NEWSROOM STAFF MUST REMAIN VIGILANT TO AVOID AIRING INAPPROPRIATE CONTENT IN NEWSCASTS Post-election news coverage of protests and demonstrations serves as a timely reminder that stations must remain vigilant to avoid airing expletives or indecent content during newscasts. To read more, please open the attached file. Download Data: File Type: pdf File Size: 464442 Added On: 11/21/2016 IMPORTANT: FCC Delays Implementation Deadline for Emergency Graphics-to-Speech Rule for TV Stations Description: FCC EXTENDS DEADLINE FOR COMPLIANCE WITH EMERGENCY GRAPHICS-TO-SPEECH RULE Today, the FCC provided issued an Order (copy attached) providing 18 months of relief to television stations that have been wrestling with meeting the upcoming November 26 deadline that requires all non-textual emergency information displayed on-screen during non-news programming.—e.g., maps, radar images, and the like—to be "translated” into spoken words (i.e., video description) for transmission on a secondary audio stream. This "Graphics-to-Speech” rule is related to the FCC's Audible Crawl Rule (or Text-to-Speech Rule), which requires television stations who provide emergency information to viewers through visual-only means during non-newscast programming—for example, through an on-screen crawl—to video describe the information concurrently on a secondary audio stream. The Text-to-Speech rule has been in effect since November 30, 2015, and stations were scheduled to comply with the Graphics-to-Speech Rule by November 26, 2016. Because no "turnkey,” automated solution has come onto the market to facilitate compliance with the Graphics-to-Speech Rule, the NAB and consumer advocacy groups made a joint filing with the FCC seeking an extension of time for compliance, and today the FCC granted the extension for a period of 18 months. In granting the extension, the FCC observed that the additional time would "allow time for the development and implementation of a viable automated solution. . . . We believe that a long-term, automated solution is preferable to a short-term, manual solution that requires station personnel to describe every graphic, particularly given that such an approach may be burdensome to broadcasters and may raise its own technical complexities. We find that the development of an automated solution that broadcasters can use to aurally describe maps and other graphics on the secondary audio stream will benefit both broadcasters and consumers who are blind or visually impaired.” Thus, the new compliance deadline will be in late May 2018. The FCC is also requiring NAB and the advocacy groups to provide, by November 22, 2017, a status report "on efforts to develop a technical solution” for compliance with the Graphics-to-Speech Rule. Download Data: File Type: pdf File Size: 115555 Added On: 11/17/2016 FCC Form 317 Public Notice Has Been Released Description: Further to the legal memorandum dated November 8, regarding the requirement that all digital TV stations (full power, Class A, LPTV, and TV translator) electronically file FCC Form 317 with the FCC by December 1, 2016, in order to report whether they offered any ancillary/supplementary services for the period October 1, 2015 - September 30, 2016, today the FCC has released a Public Notice on this topic. A copy of the FCC's Public Notice is attached. Download Data: File Type: pdf File Size: 107588 Added On: 11/14/2016 EAS Form 3 Report Due November 14; FCC Form 317 Due December 1 for Digital Television Stations Description: ALL STATIONS MUST FILE EAS FORM 3 BY NOVEMBER 14 The deadline for all broadcast stations to file the final of the three reports—known as Form Three—relating to the September 28 nationwide EAS test is November 14. More information is available in the attached file. * * * ALL DIGITAL TV STATIONS (INCLUDING LOW POWERS AND TRANSLATORS) MUST FILE FCC FORM 317 BY DECEMBER 1 The annual deadline for digital television stations to file FCC Form 317 (the Ancillary/Supplementary Services Report) is December 1, 2016. To read more, please open the attached file. Download Data: File Type: pdf File Size: 455235 Added On: 11/8/2016 Multilingual EAS Information Due Next Year, Ownership Rules Effective December 1, New DMCA Safe Harbor Process Description: STATIONS MUST PROVIDE MULTILINGUAL EAS ALERTING INFORMATION TO SECCs BY NOVEMBER 3, 2017 The deadline for all broadcast stations to furnish certain information about multilingual EAS alert messaging to their respective State Emergency Communications Committees is November 3, 2017. More information is available in the attached file. * * * "NEW” OWNERSHIP RULES IN EFFECT AS OF DECEMBER 1, 2016 Although the FCC made very few adjustments to its media ownership rules in its latest Order, the effective date of the revisions it did make has been established as December 1, 2016. To read more, please open the attached file. * * * ALL STATIONS WITH WEBSITES SHOULD READ ABOUT THE NEW PROCESS FOR REGISTERING A DESIGNATED AGENT TO ENSURE DMCA COPYRIGHT PROTECTION The DMCA's "safe harbor” protections against copyright infringement are important to virtually all stations that operate websites, apps, or other online platforms. The Copyright Office has announced that the process for registering designated agent information will change as of December 1, 2016. To read more, please open the attached file. Download Data: File Type: pdf File Size: 690475 Added On: 11/4/2016 NAB Streaming Waivers, New Video Description Rules in November, License Renewal Designated for Hearing Description: MUSIC STREAMING ALERT - ACTION REQUIRED: NAB ANNOUNCES AGREEMENTS THAT WAIVE CERTAIN LIMITATIONS ON MUSIC STREAMING NAB recently announced that it has concluded negotiations with Sony Music Entertainment and Warner Music Group for agreements that waive certain limitations on music streaming for AM and FM broadcasters. Important information is available in the attached file. * * * NEW VIDEO DESCRIPTION REQUIREMENTS MAY BE ADOPTED IN NOVEMBER The FCC has released the tentative agenda for its November 17, 2016, meeting, and a Report and Order relating to video description (also sometimes referred to as "audio description”) is on the docket. To learn more, please open the attached file. * * * RADIO LICENSE RENEWAL APPLICATION DESIGNATED FOR HEARING Nearly ten years ago, a radio station conducted an on-air contest that ultimately led to the death of a contestant and a multi-million dollar jury verdict against the licensee. The station's license renewal application has now been designated for hearing by the FCC. To read more, please open the attached file. Download Data: File Type: pdf File Size: 484697 Added On: 10/28/2016 FM Translator Window Closes October 31; Stage 3 of Incentive Auction Begins November 1 Description: FM TRANSLATOR WINDOW FOR AM STATIONS CLOSES OCTOBER 31 AM stations that want an FM translator have until Monday, October 31, to take advantage of the FCC's 250-mile window. Open the attached file to learn more. * * * STAGE 3 OF THE INCENTIVE AUCTION BEGINS NOVEMBER 1 Stage 2 ended abruptly. Stage 3 begins Tuesday, November 1. More information is available in the attached file. Download Data: File Type: pdf File Size: 101746 Added On: 10/25/2016 60-Day Countdown to Radio Online Public File Deadline! Description: TWO-MONTH COUNTDOWN TO DECEMBER 24 DEADLINE FOR CERTAIN RADIO STATIONS TO UPLOAD PRE-JUNE 24 PUBLIC FILE RECORDS TO OPIF Certain radio stations began using the FCC's online public inspection file system on June 24, 2016, for all newly-created public file records. Those radio stations must remember to finish uploading pre-June 24 public file records by December 24. Don't let the election and holiday seasons distract you from this critical deadline. Please open the attached file for further information. Download Data: File Type: pdf File Size: 487762 Added On: 10/24/2016 TV Repacking Webinar on October 17; EAS Form Three Report Due November 14; All TV Stations Should Check FCC Contact Information Description: FCC POST-AUCTION REPACKING WEBINAR SCHEDULED FOR MONDAY, OCTOBER 17 On Monday, October 17, from 1 - 4 p.m. ET, the FCC will conduct a webinar discussing the plan that it recently proposed for the post-Incentive Auction repacking of television stations. More information is available in the attached file. * * * EAS FORM THREE REPORTS FROM NATIONWIDE TEST DUE NOVEMBER 14 The last of the FCC's three reports—aptly titled Form Three—from the EAS nationwide test must be filed by ALL stations by November 14. To read more, please open the attached file. * * * TV STATIONS: THE FCC WANTS YOU TO CHECK (AND UPDATE) YOUR CONTACT INFORMATION The FCC has reminded all television licensees to ensure that their contact information on file with the FCC is accurate and current and to correct and update it if necessary so that the FCC will have accurate, current contact information when communicating directly with television stations about the post-Incentive Auction repack. To learn more, please open the attached file. Download Data: File Type: pdf File Size: 482115 Added On: 10/14/2016 Is Your Political File in Great Shape? Description: ONLINE POLITICAL FILES—TOP FOUR POTENTIAL PITFALLS IN LIGHT OF RECENT FCC COMPLAINTS Public interest groups have been closely monitoring the political recordkeeping practices of local broadcast stations in their online political files, particularly as they relate to "non-candidate/issue” ads purchased by third parties. Please open the attached file to read a few reminders about how to maintain your political file records. Download Data: File Type: pdf File Size: 631959 Added On: 10/13/2016 EAS Form Two Due Description: PLEASE HOLD ONTO THIS MEMO UNTIL AFTER THE NATIONWIDE TEST HAS OCCURRED AT 2:20 PM TODAY. MAYBE SEND THIS MEMO OUT AFTER 2:30, ONCE WE ARE CERTAIN THAT THE NATIONWIDE TEST ACTUALLY OCCURRED. ALL STATIONS MUST FILE EAS FORM TWO TODAY (SEPTEMBER 28) AFTER THE NATIONWIDE EAS TEST AT 2:20 PM EASTERN TIME Today is the nationwide EAS test, and all stations must file their EAS Form Two report through the FCC's ETRS by 11:59 p.m. ET today. Open the attached file to learn more. Download Data: File Type: pdf File Size: 117320 Added On: 9/28/2016 EAS Form One Revisions Due TODAY (September 26); Regulatory Fees Due September 27 Description: TODAY (SEPTEMBER 26) IS THE DEADLINE TO REVISE AND RE-FILE EAS FORM ONE VIA ETRS All stations were required to file their Form One EAS report by August 26. Any revisions to Form One must be filed by TODAY, September 26. Open the attached file to learn more. * * * FCC REGULATORY FEES MUST BE PAID BY SEPTEMBER 27, 2016 The filing deadline for regulatory fees is September 27. Payments that are even a minute late result in a 25% additional charge. More information is available in the attached file. Download Data: File Type: pdf File Size: 614528 Added On: 9/27/2016 Three-Month Countdown to Radio Online Public File Deadline! Description: THREE-MONTH COUNTDOWN TO DECEMBER 24 DEADLINE FOR CERTAIN RADIO STATIONS TO UPLOAD PRE-JUNE 24 PUBLIC FILE RECORDS TO OPIF Certain radio stations began using the FCC's online public inspection file system on June 24, 2016, for all newly-created public file records. Those radio stations must remember to upload pre-June 24 public file records by December 24. Don't let the election and holiday seasons distract you from this critical deadline. Please open the attached file for further information. Download Data: File Type: pdf File Size: 488388 Added On: 9/26/2016 VAB Legal Memorandum: Regulatory Fees Due September 27; EAS Form One Revisions Due September 26; EAS Form Two Due September 28 Description: ONE WEEK COUNTDOWN TO REGULATORY FEE DEADLINE! PAYMENTS DUE BY SEPTEMBER 27, 2016 The filing deadline for regulatory fees is September 27. Payments that are even a minute late result in a 25% additional charge. More information is available in the attached file. * * * DEADLINE TO REVISE AND RE-FILE EAS FORM ONE IS SEPTEMBER 26 All stations were required to file their Form One EAS report by August 26. Any revisions to Form One must be filed by September 26. Open the attached file to learn more. * * * EAS FORM TWO WILL BE DUE ON THE SAME DAY AS THE SEPTEMBER 28 NATIONWIDE EAS TEST All stations will be required to file their Form Two EAS report by 11:59 p.m. ET on the same day as the nationwide EAS test, which is scheduled for September 28 at 2:20 p.m. ET. Please open the attached file for further information. Download Data: File Type: pdf File Size: 668699 Added On: 9/20/2016 2 Weeks Until Nationwide EAS Test; New EAS Handbook; TV Stations Still Need to Obtain Closed Captioning Certifications Description: TWO WEEK COUNTDOWN: NATIONWIDE EAS TEST SCHEDULED FOR SEPTEMBER 28 (2:20 PM ET); STATIONS SHOULD BEGIN TO PREPARE As we have previously advised, a nationwide EAS test will be conducted by FEMA and the FCC at 2:20 p.m. Eastern Time on September 28. More information is available in the attached file. * * * THE FCC HAS RELEASED A NEW EAS OPERATING HANDBOOK Please remember to print a copy of the FCC's new EAS Operating Handbook, review it with relevant personnel, and post it in the appropriate locations. To read more about the new EAS Handbook, please open the attached file. * * * TV STATIONS: REMEMBER TO OBTAIN CLOSED CAPTIONING CERTIFICATIONS FROM PROGRAMMING PROVIDERS With the new broadcast season upon us, it is a good time for television stations to take stock of the closed captioning certifications they have received from programming providers. For a refresher on station obligations with respect to the certification requirements, please open the attached file. Download Data: File Type: pdf File Size: 673969 Added On: 9/13/2016 FCC ADOPTS REGULATORY FEES; PAYMENTS DUE BY SEPTEMBER 27, 2016 Description: FCC ADOPTS REGULATORY FEES; PAYMENTS DUE BY SEPTEMBER 27, 2016 The FCC has adopted regulatory fees for fiscal year 2016. The filing deadline for regulatory fees will be September 27. More information is available in the attached file. Download Data: File Type: pdf File Size: 85536 Added On: 9/7/2016 URGENT DEADLINE Final Reminder: EAS "Form One" Filing Due to FCC August 26 Description: FINAL REMINDER: ALL BROADCAST STATIONS MUST FILE EAS "FORM ONE” IN ETRS BY AUGUST 26 This is a final reminder that the first EAS nationwide test report—called "Form One”—is due to be filed by all broadcast stations in the FCC's new ETRS filing system by August 26, 2016. More information is available in the attached file. Download Data: File Type: pdf File Size: 616674 Added On: 8/25/2016 New EAS Handbook for All Broadcast Stations Description: FCC ISSUES NEW EAS HANDBOOK FOR BROADCAST STATIONS It's Friday, and the FCC has released a new EAS Handbook for all broadcast stations. To read more, please open the attached file. Download Data: File Type: pdf File Size: 747412 Added On: 8/19/2016 VAB Legal Memorandum: ETRS Webinar August 18; LUC Window Opens September 9 Description: FCC PRESENTING ETRS (EAS TEST REPORTING SYSTEM) WEBINAR ON AUGUST 18; FORM ONE MUST BE FILED IN ETRS BY AUGUST 26 The first ETRS filing—called "Form One”—is due to be filed by all broadcast stations by August 26, 2016. To help broadcasters (and other EAS Participants) use ETRS and complete Form One, the FCC will hold a webinar on Thursday, August 18, at 2 p.m. Eastern Time. More information is available in the attached file. * * * GENERAL ELECTION LUC WINDOW OPENS ON SEPTEMBER 9 It's time for stations to prepare for the opening of the general election LUC window! To read more, please open the attached file. Download Data: File Type: pdf File Size: 637054 Added On: 8/17/2016 VAB Filing Reminders: FM Translator Windows for AM Stations; Distant Signal Copyright Royalties for TV Stations Description: FM TRANSLATOR WINDOWS FOR AM STATIONS: FIRST WINDOW CLOSES JULY 28; SECOND WINDOW OPENS JULY 29 The FCC has offered two filing windows in 2016 to AM broadcasters who wish to apply to move an FM translator up to 250 miles to supplement and enhance their AM band operations. The first of these windows will close at 11:59 p.m. Eastern Time on July 28, 2016, and the second window will open on July 29. More information is available in the attached file. * * * TELEVISION DISTANT SIGNAL COPYRIGHT ROYALTY CLAIMS DUE JULY 29 It's time again for television stations to file their claims for distant signal copyright royalties. The deadline is usually July 31, which falls on a Sunday this year; thus, eligible television stations should file by July 29. Please open the attached file to learn more about this significant deadline. Download Data: File Type: pdf File Size: 463969 Added On: 7/19/2016 VAB Legal Memorandum: EAS, EAS, and More EAS! July 30, August 26, September 28 Deadlines Description: NATIONWIDE EAS TEST SCHEDULED FOR SEPTEMBER 28 AT 2:20 P.M. EASTERN TIME On Monday, July 18, the FCC released a Public Notice relating to the nationwide test scheduled for September 28, 2016. More information is available in the attached file. * * * THE FCC'S ELECTRONIC TEST REPORTING SYSTEM FOR NATIONWIDE EAS TEST REPORTS IS OPEN FOR BUSINESS; FIRST REPORT IS DUE AUGUST 26 ETRS is the filing system through which all broadcast stations will be required to file reports relating to nationwide EAS tests, including the one scheduled for September 28, 2016. The first report is due August 26. A copy of the FCC's "User Manual” for ETRS is attached to the memorandum, which is why the file is so big. To read more, please open the attached file. * * * EAS EQUIPMENT MUST RECOGNIZE "SIX ZEROES” LOCATION CODE BY JULY 30; THIS CODE WILL BE USED DURING THE NEXT NATIONWIDE EAS TEST All broadcast stations must, by July 30, 2016, have EAS equipment capable of processing the new national location code comprised of six zeroes (000000). To read more, please open the attached file. * * * FCC ADOPTS THREE NEW EAS EVENT CODES The FCC has revised its Emergency Alert System ("EAS”) rules to add three new event codes—Extreme Wind Warning; Storm Surge Watch; and Storm Surge Warning—to the list of 50+ EAS event codes already authorized. To read more, please open the attached file. Download Data: File Type: pdf File Size: 4300321 Added On: 7/19/2016 NO NEW "GOOD FAITH” RETRANSMISSION CONSENT NEGOTIATION RULES Description: NO NEW "GOOD FAITH” RETRANSMISSION CONSENT NEGOTIATION RULES FCC Chairman Wheeler announced on Thursday, July 14—by blog post—that he will not, at this time, propose any new rules relating to the "totality of the circumstances” test by which to evaluate good faith retransmission consent negotiations. To read more, please open the attached file. Download Data: File Type: pdf File Size: 316288 Added On: 7/15/2016 WHAT DO BROADCASTERS NEED TO KNOW ABOUT THE FAA's NEW DRONE RULES? Description: Since the FAA announced its new drone rules, broadcasters have been reporting on them. Now it's time for broadcasters to consider what the new rules mean for their station operations. Are these rules a breakthrough (spoiler alert: not exactly) or a disappointment (spoiler alert: not exactly)? To learn more, please open the attached file. Download Data: File Type: pdf File Size: 632445 Added On: 6/29/2016 THE FCC's NEW OPIF SYSTEM LAUNCHED TODAY, JUNE 24; SOME TELEVISION PUBLIC FILE RECORDS NOT YET IMPORTED BY THE FCC Description: As you know, today is the day the FCC has launched its new online public file system for television and radio stations and MVPDs. The FCC was to import all existing public file records from the "old” television online public file system into the new OPIF. Attached is a brief memorandum to alert television stations that some files are missing, that the FCC Staff is aware of it, and that the transition from the old system to the new remains a "work in progress.” To read more, please open the attached file. Download Data: File Type: pdf File Size: 301871 Added On: 6/24/2016 TELEVISION DISTANT SIGNAL COPYRIGHT ROYALTY CLAIMS DUE JULY 29 Description: It's time again for television stations to file their claims for distant signal copyright royalties. The deadline is usually July 31, which falls on a Sunday this year; thus, eligible television stations should file by July 29. Please open the attached file to learn more about this significant deadline. Download Data: File Type: pdf File Size: 301843 Added On: 6/23/2016 VAB Legal Memorandum: Special Displacement Window for LPTV & TV Translators; Children's E/I Programming Woes; FCC Issues Short-Term Radio Renewal Description: FCC CLARIFIES ELIGIBILITY REQUIREMENT FOR POST-AUCTION SPECIAL DISPLACEMENT WINDOW FOR LPTVs AND TV TRANSLATORS After the Incentive Auction, the FCC will open a special, limited displacement filing window for "operating” LPTV stations to submit displacement applications proposing new channels. The FCC recently clarified what it means to be "operating” for purposes of the special displacement window. More information is available in the attached file. * * * NO EXCUSES: CHILDREN'S "CORE” TELEVISION PROGRAMMING RULES MUST BE FOLLOWED A television station recently entered into a settlement with the FCC in which the station agreed to pay a penalty of $15,000 and adopt an enhanced compliance program for failing to provide the required children's "core” programming. To learn how to avoid a similar fate, please open the attached file. * * * SERIOUS VIOLATIONS LEAD TO SHORT-TERM LICENSE RENEWAL Sometimes, the FCC renews a broadcast license for a shorter period than the full eight-year term. To learn more about the type of circumstances that can lead to this result, please open the attached file. Download Data: File Type: pdf File Size: 485467 Added On: 6/17/2016 THE TIME IS NIGH! THE FCC'S NEW ONLINE PUBLIC FILE SYSTEM GOES "LIVE” ON JUNE 24 Description: On Friday, June 24, the FCC will launch its new (and improved) online public file system ("OPIF”). The new OPIF system will host the public inspection files of television and radio stations as well as MVPDs. The attached legal memorandum describes a number of important details to assist stations with their initial (and ongoing) use of the OPIF system. Checklists are also included. Please open the attached file to learn more and help with your final preparations for the OPIF. Download Data: File Type: pdf File Size: 494130 Added On: 6/20/2016 VAB Legal Memorandum - June 2, 2016 Description: FCC DEMONSTRATION SESSION OF NEW ONLINE PUBLIC FILE SYSTEM SCHEDULED FOR MONDAY, JUNE 13 According to a Public Notice released today, the FCC will conduct, on Monday, June 13, a public demonstration of the new Online Public Inspection File ("OPIF”) system. More information is available in the attached file. * * * JULY 30 IS THE DEADLINE FOR EAS GEAR TO BE UPGRADED TO ACCEPT THE "SIX ZEROES” NATIONAL LOCATION CODE Pursuant to new rules adopted last year, all stations must have—by July 30—EAS equipment that can recognize and process the new "six zeroes” national location code. To read more, please open the attached file. * * * IN SIX SHORT MONTHS, TELEVISION STATIONS MUST VIDEO DESCRIBE NON-TEXTUAL EMERGENCY INFORMATION AIRED VISUALLY DURING NON-NEWS PROGRAMMING Beginning November 26, 2016, all non-textual emergency information displayed on-screen during non-news programming.—e.g., maps, radar images, and the like—must be "translated” into spoken words (i.e., video description) for transmission on a secondary audio stream. To read more, please open the attached file. * * * REGULATORY FEES HAVE BEEN PROPOSED Fiscal year 2016 regulatory fees have been proposed by the FCC. They are not yet final, and will not be final until sometime in July or later. The deadline for paying regulatory fees typically falls in September, but it is too early to know the deadline at this point. To read more, please open the attached file. Download Data: File Type: pdf File Size: 520312 Added On: 6/2/2016 May 25 Legal Memorandum Description: THIRD CIRCUIT COURT OF APPEALS VACATES FCC'S TV JSA ATTRIBUTION RULE Today, May 25, the Third Circuit Court of Appeals issued a decision vacating the FCC's decision to make TV station JSAs that allow for the sale of 15% or more of the advertising time on a competing local station attributable to the TV station as an ownership interest under the Commission's media ownership rules. Please open the attached file to learn more. * * * FCC PROPOSES TO ELIMINATE PUBLIC CORRESPONDENCE FILES FOR COMMERCIAL STATIONS The FCC has proposed to eliminate the requirement that commercial radio and television stations maintain letters and emails from the public in the "Correspondence” section of the paper public inspection file. To learn more, please open the attached file. Download Data: File Type: pdf File Size: 491193 Added On: 5/25/2016 ONLINE PUBLIC FILES: NEW SYSTEM FOR TV STATIONS; RADIO DEADLINES ANNOUNCED Description: Late on May 12, 2016, the FCC released a Public Notice announcing the implementation dates for the new radio station online public file rules. The Public Notice also announced that the current version of the television online public file system will be decommissioned so that existing TV online public files can be combined with radio online public files in a new, universal online public file system (which will also include MVPD public files). Please open the attached file to learn more. Download Data: File Type: pdf File Size: 507145 Added On: 5/14/2016 May 11 2016 Legal Memorandum Description: GAO ISSUES REPORT ON POTENTIAL PHASE-OUT OF COMPULSORY COPYRIGHT LICENSES FOR CABLE AND SATELLITE After meeting with dozens of industry stakeholders, including broadcast networks, local station owners, and MVPDs, the GAO last week released a report entitled "Statutory Copyright Licenses: Stakeholders' Views on a Phaseout of Licenses for Broadcast Programming.” The report concludes that phasing out the compulsory copyright licenses for cable and satellite "may be feasible for most market participants but could have implications for carriage requirements.” To learn more about this significant development, please open the attached file. * * * NEW FDA RULES GOVERNING E-CIGARETTES, PIPE TOBACCO, AND CIGARS MAY RESULT IN FEWER LOCAL ADVERTISING OPPORTUNITIES Last week, the FDA adopted sweeping new regulations to govern e-cigarettes; dissolvables, gels, vape pens, and related nicotine products; cigars; and pipe, waterpipe and hookah tobacco. While the new rules do not directly regulate broadcasters, stations may begin to notice a change in the nature of advertising copy for everything from cigars to vape shops and the appearance of new disclosures in advertising for these nicotine and tobacco products. To read about the new rules and their implications for advertising, please open the attached file. Download Data: File Type: pdf File Size: 553584 Added On: 5/12/2016 IMPORTANT JUNE 1 FCC DEADLINES FOR VIRGINIA RADIO AND TELEVISION STATIONS Description: June 1, 2016, is the filing deadline for multiple important FCC reports for radio and television stations in Virginia. Please open the attached file to learn more. Download Data: File Type: pdf File Size: 81698 Added On: 5/10/2016 April 29,2016 Legal Memorandum Description: FCC PROPOSES NEW VIDEO DESCRIPTION RULES The FCC has issued a Notice of Proposed Rulemaking that seeks to expand the availability of video-described programming for viewers who rely on the service. More information is available in the attached file. * * * FCC CLARIFIES THAT, IF CERTAIN CONDITIONS ARE MET, PRE-REPACK EXPENSES MAY BE REIMBURSABLE The FCC recently released a Declaratory Ruling to clarify that relocation expenses incurred by full power and Class A television stations prior to the post-incentive auction repack will, under certain conditions, qualify for reimbursement. To read more, please open the attached file. * * * IS YOUR STATION PUBLICIZING THE EXISTENCE AND LOCATION OF ITS CHILDREN'S PROGRAMMING REPORTS? The FCC recently fined three stations a total of $13,000 for their failure to publicize the existence and location of quarterly children's television programming reports. To read more, please open the attached file. Download Data: File Type: pdf File Size: 619520 Added On: 4/29/2016 Multi Memorandum Description: NEW MULTILINGUAL REPORTING REQUIREMENTS FOR EAS PARTICIPANTS The FCC has declined to adopt multilingual EAS alerting requirements at this time, but the FCC will require stations to report their current and future multilingual EAS plans to their respective State Emergency Communications Committee (SECC). More information is available in the attached file. * * * EAS TEST REPORTING SYSTEM ANTICIPATED TO LAUNCH LATE 2016; NATIONWIDE TEST SLATED FOR SEPTEMBER The FCC has issued a Public Notice announcing that a new EAS Test Reporting System (ETRS) will launch later this year, in connection with the next nationwide EAS test, which is slated for September 28, 2016. To read more, please open the attached file. * * * FCC SEEKS COMMENT IN DEVELOPMENT OF EARTHQUAKE EMERGENCY ALERT SYSTEM The FCC is required to report to Congress on the feasibility and possible structure of an earthquake warning system to alert affected areas within 3 seconds of an imminent earthquake. To that end, the FCC seeks comment. To read more, please open the attached file. * * * * * Download Data: File Type: pdf File Size: 542773 Added On: 4/27/2016 April Fools' Day and EAS Proceeding - Comment Dates Announced Description: NO FOOLING: HOAX RULE, EAS, AND ON-AIR PHONE CALL PROHIBITIONS April Fools' Day is just a few days away, which means that station personnel may be considering April Fools' Day related programming. Open the attached file to read a few reminders about relevant FCC rules that you don't want to violate! * * * NEW RULES PROPOSED TO IMPROVE EAS INTEGRATION Responding to the advancement of technology, the FCC is exploring new ways to utilize technological improvements to make the EAS system more efficient and effective. Comment dates have been announced: May 9 for comments and June 7, 2016, for reply comments. To read about some of the issues and proposals discussed in the FCC's new proceeding, please open the attached file. Download Data: File Type: pdf File Size: 622043 Added On: 3/30/2016 NEW CLOSED CAPTIONING RULES CREATE NEW OBLIGATIONS FOR STATIONS AND PROGRAMMERS Description: In February, the FCC adopted a series of new closed captioning rules. According to the Commission, the new rules "are intended to ensure that people who are deaf and hard of hearing have full access” to video programming on television. The attached memorandum contains a brief 2-page overview of the new rules, as well as a 10-page "deeper dive” into the new rules. As will become clear, several elements of the new rules are clear and straightforward while other elements are convoluted, complicated, and potentially burdensome to TV stations. Please open the attached file to learn more. Download Data: File Type: pdf File Size: 843526 Added On: 3/15/2016 Voluntary Regional EAS Test on February 24; FCC Form 338 for MDCL Operation for AM Stations Description: FEBRUARY 24: VOLUNTARY REGIONAL EAS TESTING (INCLUDING IN VIRGINIA) Tomorrow, February 24, there will be an opportunity for broadcasters in 22 states (including VA) and Puerto Rico, the U.S. Virgin Islands, and Washington, D.C., to test their EAS equipment for integration with the new EAS coding system. This voluntary regional EAS test will occur on Wednesday, February 24, at 2:20 p.m. Eastern Time. Please open the attached file to learn more. * * * NEW FILING PROCEDURE FOR AM STATIONS TO COMMENCE MDCL OPERATIONS BEGINS MARCH 3, 2016 In the AM Revitalization proceeding, the FCC adopted rules (which became effective on February 18, 2016) to make it easier for AM stations to employ Modulation Dependent Carrier Level ("MDCL”) control technologies; as of March 3, 2016, a new FCC form—FCC Form 338 AM Station MDCL Notification—will be implemented to facilitate the regulatory process for AM stations that wish to use MDCL. To learn about some of the new Form 338 and filing process, please review the attached memorandum. Download Data: File Type: pdf File Size: 704116 Added On: 2/24/2016 VAB Legal Memorandum: EAS Proposals, Use of LMS for Children's Reports, LPTV Rules Description: NEW RULES PROPOSED TO IMPROVE EAS INTEGRATION Responding to the advancement of technology, the FCC is exploring new ways to utilize technological improvements to make the EAS system more efficient and effective. To read about some of the issues and proposals discussed in the FCC's new proceeding, please open the attached file. * * * TV STATIONS WILL HAVE TO USE A NEW FILING SYSTEM FOR CHILDREN'S TELEVISION PROGRAMMING REPORTS DUE APRIL 11, 2016 The FCC has changed the filing system for quarterly Children's Television Programming Reports, and all filers will be required to use the FCC's Licensing and Management System starting with the first quarter 2016 reports. To learn about this change, please review the attached memorandum. * * * THE NEW LPTV RULES ADOPTED BY THE FCC IN LATE 2015 WILL BECOME EFFECTIVE IN EARLY MARCH 2016 The FCC's new LPTV rules address, among other things, the digital conversion of LPTV stations and channel sharing between LPTV stations. To read more, please open the attached file. Download Data: File Type: pdf File Size: 629607 Added On: 2/19/2016 "Modernized” Station-Conducted Contest Regulations Are Now Effective Description: At long last, the promise of greater flexibility in the on-air disclosures required for station-conducted contests has been realized: The effective date of the new disclosure rules is today, February 12, 2016. Because it is critical that stations understand that the new rules require more than the mere posting of contest rules to the web, we hope you will open the attached file to learn more. Download Data: File Type: pdf File Size: 467626 Added On: 2/12/2016 Radio Online Public Files; Changes to Ownership Reporting Requirements Description: ONLINE PUBLIC FILE REQUIREMENTS EXPANDED TO RADIO STATIONS During its open meeting on January 28, 2016, the FCC adopted an Order explaining new rules that require broadcast radio stations to maintain their public inspection files (including political files) online as part of the FCC's online public inspection file database. Implementation will be on a staggered basis. Please open the attached file to learn more. * * * FCC ADOPTS NEW OWNERSHIP REPORTING RULES In an effort to fulfill its mandate to "promote diversity of media voices and avoid excessive concentration of licenses by disseminating them to businesses owned by members of minority groups,” the FCC has made changes to the ownership reporting process, extended biennial ownership filing deadlines, reduced the number of filings required, and improved certain other aspects of the reporting process. To learn about some of these new ownership reporting aspects, please review the attached memorandum. Download Data: File Type: pdf File Size: 683376 Added On: 1/29/2016 AN OVERVIEW OF THE FCC's INCENTIVE AUCTION ANTI-COLLUSION RULE Description: In connection with the broadcast television spectrum incentive auction, the FCC has adopted "anti-collusion” rules, which prohibit certain communications during the so-called "quiet period,” scheduled to begin later today, January 12, 2016. The FCC has released a Public Notice outlining the restrictions on communications, internally and externally, concerning bids and bidding strategies by parties who elect to participate in the upcoming spectrum auctions. All broadcasters will wish to familiarize themselves with the contours and nuances of the anti-collusion rule. While the attached memorandum is no substitute for discussing the anti-collusion rule directly with legal counsel, we believe it will help familiarize stations with the rule's general principles. Download Data: File Type: pdf File Size: 461008 Added On: 1/12/2016 December 30, 2015 Description: FCC ANNOUNCES WINDOWS FOR AM STATIONS TO FILE TO MOVE FM TRANSLATORS UP TO 250 MILES; WEB-BASED TOOLS LAUNCHED TO ASSIST AM STATIONS IDENTIFY FM TRANSLATORS COPYRIGHT ROYALTY BOARD SETS NEW WEBCAST ROYALTY RATES TV JOINT SALES AGREEMENTS MAY BE GRANDFATHERED ANOTHER 10 YEARS: CONGRESS PASSES SPENDING BILL WITH JSA RIDER D.C. FEDERAL COURT EXPLAINS THAT INTERNET VIDEO STREAMING SERVICES DON'T QUALIFY FOR A COMPULSORY COPYRIGHT LICENSE Download Data: File Type: pdf File Size: 2030435 Added On: 12/30/2015 D.C. Federal Court Deals a Blow to FilmOn X's Copyright Campaign Description: D.C. Federal Court Deals a Blow to FilmOn X's Copyright Campaign Download Data: File Type: pdf File Size: 417932 Added On: 11/20/2015 CHANGE IN DATE OF WORKSHOP!! FW: VAB Legal Memorandum for TV Members: Reverse Auction Application Procedures Edition (FCC Tutorial Scheduled for Next Week) Description: The memorandum we sent earlier today advised that the FCC is holding a reverse auction application procedure tutorial workshop on November 17. Today, the FCC released a Public Notice changing the date to December 8. According to the attached Public Notice, a tutorial about the application process will be available on the FCC's website beginning on November 20. Download Data: File Type: pdf File Size: 109202 Added On: 11/13/2015 REVERSE AUCTION APPLICATION DEADLINE, WORKSHOP, AND PROCEDURES Description: Another day, another Spectrum Auction announcement: On November 12, the FCC delayed the deadline for filing applications to participate in the reverse auction. That makes this a good opportunity to remind stations that the FCC is conducting a workshop on Tuesday, November 17, to discuss reverse auction application issues. This is also an appropriate time to review some general information about the procedures established by the FCC for broadcasters to apply to participate in the reverse auction. Please open the attached file to learn more. The FCC released a Public Notice changing the date to December 8. Download Data: File Type: pdf File Size: 905238 Added On: 11/13/2015 AUDIBLE CRAWL RULES GO INTO EFFECT NOVEMBER 30! Description: The "audible crawl rules” that were originally scheduled to go into effect in May 2015 will become effective in three short weeks. Open the attached file to learn more. Download Data: File Type: pdf File Size: 370776 Added On: 11/9/2015 ACCEPT SESAC'S ROYALTY RATE OFFER OR AUTHORIZE COMMITTEE TO SEEK ARBITRATION Description: Radio stations throughout the country have received letters within the last two weeks from SESAC and from the Radio Music License Committee concerning renewal of their SESAC music licensing agreement. Stations have expressed confusion about the letters and have sought advice on how to respond. While each station should ultimately consult with its own legal counsel on the matter, the attached memorandum provides an overview of the issues. Download Data: File Type: pdf File Size: 839752 Added On: 11/3/2015 AM Revitalization Description: FCC ADOPTS AM REVITALIZATION ORDER; FM TRANSLATOR WINDOWS FOR AM STATIONS OPENING IN 2016 The FCC has issued new rules in its AM Revitalization proceeding and has announced the opening of FM translator filing windows for AM stations. Please open the attached file to learn more. * * * ANCILLARY AND SUPPLEMENTARY SERVICES REPORTS FOR TELEVISION STATIONS DUE DECEMBER 1, 2015 FCC Form 317 must be filed by digital television broadcasters by December 1, 2015. Open the attached file to read more. * * * ALL COMMERCIAL BROADCAST STATIONS MUST FILE BIENNIAL OWNERSHIP REPORTS BY DECEMBER 2, 2015 Download Data: File Type: pdf File Size: 764718 Added On: 11/3/2015 ANOTHER 200+ PAGE INCENTIVE AUCTION PUBLIC NOTICE HAS BEEN RELEASED! Description: THE FCC's STATION-CONDUCTED CONTEST RULE: Disclosure Relief in Sight (But the New Rule Is Not Yet in Effect!) Download Data: File Type: pdf File Size: 393885 Added On: 10/16/2015 THE FCC'S RETRANSMISSION CONSENT RULEMAKING Description: In response to a congressional directive contained in last year's reauthorization of the satellite home viewer act ("STELAR”), the FCC has initiated a rulemaking proceeding to review the "totality of the circumstances” test for determining whether broadcast stations and MVPDs are negotiating retransmission consent in "good faith.” Download Data: File Type: pdf File Size: 473737 Added On: 10/7/2015 2015 Regulatory Fees Established, Expect Future Changes Description: Regulatory Fees Due September 24 - A Little "Inside Baseball” Behind Adoption of Regulatory Fees - FCC seeks Comment on Apportionment of Fees among Broadcasters Download Data: File Type: pdf File Size: 112157 Added On: 9/11/2015 Multiarticle 2/26/2014 Description: DOJ and FCC Chairman Support Restrictions on Joint Sales Agreements For Television Stations - Radio Station Fined $44,000 For Sponsorship ID Failures - FTC To Broadcasters: "Gut Check” On Weight Loss Ads - If It's Too Good to be True, Don't Run It! - FTC Action Against Auto Advertisers May Impact Broadcasters Who Produce Local Spots - FCC Continues Enforcement Against Misuse of EAS Sounds - Online Reviews On Trial in Virginia Defamation Case - Deadline For Reply Comments in AM Revitalization Proceeding Extended Until March 20, 2014 Download Data: File Type: pdf File Size: 239398 Added On: 2/26/2014 Submitting Comments to FCC in AM Radio Revitalization Proceeding: a How-To Guide for Interested Association Members Description: Association members may wish to submit comments in the FCC's current proceeding regarding the revitalization of AM radio broadcasting. Comments are due January 21, 2014, and reply comments are due February 18, 2014. Download Data: File Type: pdf File Size: 33175 Added On: 1/13/2014 Multi Article - 1/9/2014 Description: NPR URGES FCC TO CONSIDER SPECTRUM INCENTIVE AUCTIONS' POSSIBLE ECONOMIC IMPACT ON RADIO STATIONS - ENFORCEMENT REMINDER: FCC FINES BROADCASTERS FOR VIOLATIONS OF EEO RULES - D.C. CIRCUIT REJECTS CHALLENGE TO EXPIRATION OF "VIEWABILITY” RULE, JUDGE ATTACKS MUST CARRY - COMMISSION SEEKS COMMENT ON CAPTIONING FOR TELEVISION "VIDEO CLIPS” DELIVERED OVER THE INTERNET Download Data: File Type: pdf File Size: 218291 Added On: 1/9/2014 Multi Article Description: FALSE ALERT SIGNALS IN ADVERTISING DRAW ENFORCEMENT ACTIVITY AGAINST BROADCASTERS - FCC SEEKS COMMENT ON MODIFIED RECOMMENDED PRACTICES FOR TELEVISION STATIONS TO COMPLY WITH CALM ACT RULES - FCC OPENS PROCEEDING AIMED AT AM RADIO REVITALIZATION - OPT-IN RULES FOR TEXT MESSAGES MAY IMPACT BROADCASTERS' ADVERTISING AND PROMOTIONAL CAMPAIGNS Download Data: File Type: pdf File Size: 238335 Added On: 11/15/2013 Filings Reminder Description: Download Data: File Type: pdf File Size: 34262 Added On: 10/15/2013 Legal Review - October 4, 2013 Description: FCC PROPOSES TO ELIMINATE UHF DISCOUNT IN NATIONAL MULTIPLE OWNERSHIP RULE - PANDORA SEEKS TO QUALIFY FOR "BROADCASTER” ROYALTY RATES WITH PURCHASE OF TERRESTRIAL RADIO STATION - FCC SEEKS COMMENT REGARDING VIDEO DESCRIPTION FOR REPORT TO CONGRESS - FCC ENFORCEMENT ACTIVITY LEADS TO HEFTY FINES FOR TELEVISION STATIONS MISSING QUARTERLY FILINGS - CABLE SYSTEM FINED $2.25 MILLION FOR UNAUTHORIZED RETRANSMISSION OF BROADCAST SIGNALS Download Data: File Type: pdf File Size: 240248 Added On: 10/4/2013 Update on Mission Abstract Data Description: Mission Renewed: Update on Mission Abstract Data Over the last few years, many radio stations have been contacted by Mission Abstract Data (MAD) with an "opportunity” to license patents relating to digital music storage and playback technologies. Having already sued many of the nation's largest radio group owners, MAD has targeted smaller radio station owners. Download Data: File Type: pdf File Size: 157728 Added On: 10/3/2013 Commission to Host Online Workshop on Spectrum "Repacking" Description: COMMISSION TO HOST ONLINE WORKSHOP ON SPECTRUM "REPACKING” SEPTEMBER 30, 2013; COMMENT SOUGHT ON ELIGIBLE REPACKING EXPENSES AND RELATED ISSUES The FCC will host an online workshop for broadcasters aimed at discussing the reassignment of television stations in connection with the proposed spectrum incentive auctions on Monday, September 30, 2013, from 10 a.m. until 12:30 p.m. ET. The workshop will be available at the following URL: http://www.fcc.gov/live. Download Data: File Type: pdf File Size: 28912 Added On: 9/27/2013 Associations Urge FCC to Defer Expansion of Online Political File Requirements Description: ASSOCIATIONS URGE FCC TO DEFER EXPANSION OF ONLINE POLITICAL FILE REQUIREMENTS TO SMALL MARKET TELEVISION STATIONS VAB joined two other state broadcast associations this week in urging the FCC (1) not to expand the online political file requirement (currently applicable to Big Four Network affiliates in the Top 50 DMAs) and (2) not to adopt and impose a "standardized” form that all television stations would be required to complete and post online as part of the Commission's political file rules. Download Data: File Type: pdf File Size: 142851 Added On: 9/26/2013 The Latest FilmOn X Injunction: What it Means for Broadcasters' Fight Against Interenet Retransmission Description: Last week, broadcasters scored a significant victory in one of several lawsuits against competing Internet retransmission services Aereo and FilmOn X (formerly known as "Aereokiller”). Download Data: File Type: pdf File Size: 42407 Added On: 9/12/2013 FCC Announces New Allocations for Regulatory Fees Description: The FCC has released its regulatory fees for fiscalyear ("FY”) 2013. This year, the Commission has proposed to collect $339,844,000 in regulatory fees, an amount equivalent to last year's assessment. In the Report and Order (the "Order”), the Commission has also adopted a new allocation methodology for the calculation of regulatory fees, and some broadcasters may see an increase in their fees as a result of the reallocation. Regulatory fees will be due by September 20, 2013. Download Data: File Type: pdf File Size: 44332 Added On: 8/27/2013 Legal Review-July 31, 2013 Description: FCC WAIVER PERMITS BROADCAST OF FEDERAL WIRELESS EMERGENCY ALERT PSAs - REQUIREMENT TO VIDEO DESCRIBE EMERGENCY CRAWLS WILLTAKE EFFECT MAY 24, 2015 - WEBPAGE INTERFACE AVAILABLE TO UPDATE TV TRANSLATOR, LPTV, AND CLASS A STATION INPUT CHANNELS - RECENT ENFORCEMENT ACTIVITY REMINDS ALL STATIONS OF IMPORTANT FCC OBLIGATIONS - LOW POWER FM FILING WINDOW OPENS OCTOBER 15, 2013 Download Data: File Type: pdf File Size: 54931 Added On: 8/1/2013 Copyright Filing Reminder Description: TELEVISION STATION COPYRIGHT ROYALTY CLAIMS DUE AT COPYRIGHT OFFICE BY JULY 31 Download Data: File Type: pdf File Size: 30144 Added On: 7/11/2013 FCC Seeks Comment - Online Political File Deadline - Comments Due 8/26 Description: The FCC has released a Public Notice seeking comment on requiring all full power and Class A television stations to comply with the requirement to upload political file documents to their online public files. Comments are due by August 26, 2013. Download Data: File Type: pdf File Size: 40942 Added On: 7/5/2013 U.S. Supreme Court Rejects Constitutional Challenge to Virginia Public Records Law Description: U.S. Supreme Court Rejects Constitutional Challenge to Virginia Public Records Law Download Data: File Type: pdf File Size: 29445 Added On: 5/2/2013 Legal Review-April 25, 2013 Description: TV WHITE SPACES REGISTRATION DEPLOYED NATIONWIDE; REMINDER TO RENEW REGISTRATIONS FOR PROTECTION OF WIRELESS MICROPHONES FCC WILL HOST MAY 3 WORKSHOP FOR BROADCASTERS TO DISCUSS THE SPECTRUM AUCTION BAND PLAN M-EAS STANDARD APPROVED FOR MOBILE TV EMERGENCY ALERTS FCC SEEKS COMMENT ON INDECENCY ENFORCEMENT POLICY EMERGENCY INFORMATION VIDEO DESCRIPTION RULES ADOPTED FCC RELEASES REPORT ON RESULTS OF NATIONWIDE EAS TEST, ENFORCEMENT MAY BEGIN SOON Download Data: File Type: pdf File Size: 59935 Added On: 4/26/2013 The Second Circuit's Aero Ruling:What it Means for Broadcasters Description: As noted in our earlier memorandum this week, the U.S. Court of Appeals for the Second Circuit affirmed, by vote of 2 to 1, a District Court ruling denying the motion of New York City television stations and other content owners for a preliminary injunction to terminate Aereo's Internet-based retransmission of local television signals pending trial on the merits of the plaintiffs' copyright infringement claims. Download Data: File Type: pdf File Size: 47192 Added On: 4/8/2013 Legal Review-March 12, 2013 Description: ENFORCEMENT REMINDER: STATIONS MAY FACE FINES FOR LATE APPLICATIONS AND EXPIRED CONSTRUCTION PERMITS FCC REJECTS REQUESTS FOR RELIEF FROM AUCTION BID WITHDRAWAL PAYMENTS Download Data: File Type: pdf File Size: 57722 Added On: 3/13/2013 Fixed Receive Sites Must be Registered By April 1 Description: REMINDER: FIXED RECEIVE SITES MUST BE REGISTERED FOR CERTAIN TV PICKUP LICENSES BY APRIL 1, 2013 Download Data: File Type: pdf File Size: 28807 Added On: 2/21/2013 What The Second Circuit's Decision in the IVI Case Means for Local Broadcasters Description: Download Data: File Type: pdf File Size: 35921 Added On: 8/31/2012 FCC Adopts EAS Rules Description: FCC ADOPTS EMERGENCY ALERT SYSTEM ("EAS”) RULES FOR COMMON ALERTING PROTOCOL ("CAP”) FORMATTING Download Data: File Type: pdf File Size: 38489 Added On: 2/27/2012 FCC Proposes to Liberalize Cross-Ownership Rules Description: FCC PROPOSES TO LIBERALIZE THE NEWSPAPER/BROADCAST CROSSOWNERSHIP RULE AND ELIMINATE THE RADIO/TELEVISION CROSS-OWNERSHIP RULE Download Data: File Type: pdf File Size: 39842 Added On: 2/27/2012 Filing Reminder for Copyright Royalty Claims Description: TELEVISION STATION COPYRIGHT ROYALTY CLAIMS DUE AT COPYRIGHT OFFICE BY JULY 31 Download Data: File Type: pdf File Size: 28991 Added On: 7/26/2012 VAB - Legal Review - September 2012 Description: Legal memorandum regarding proposals for spectrum incentive auctions, a new FCC proceeding to reform the regulatory fee program, audits by SoundExchange for streaming of sound recordings, recent FCC fines, and a reminder for television stations to maintain their online public files. Download Data: File Type: pdf File Size: 56944 Added On: 9/24/2012 October 2012 Legal Review Description: Legal memorandum from our office regarding the FCC's spectrum auction proceeding. As discussed in the memorandum, the FCC recently adopted a Notice of Proposed Rulemaking seeking comment on long-awaited proposals for implementation of television spectrum incentive auctions. Download Data: File Type: pdf File Size: 79050 Added On: 10/23/2012 FCC ADOPTS LAST-MINUTE CHANGE IN EAS RULES Description: Thursday afternoon, a mere four days before it was to become effective, the FCC released an Order reversing course on the text-to-speech ban. Download Data: File Type: pdf File Size: 24630 Added On: 4/23/2012 Broadcasters Win Injuction Against Aereokiller Service Description: A California federal court awarded an injunction against the Aereokiller service Download Data: File Type: pdf File Size: 33155 Added On: 2/11/2013 FCC Fines Stations and Cable Systems Description: FCC FINES STATIONS FOR VIOLATIONS OF LICENSING AND MAIN STUDIO STAFFING RULES CABLE SYSTEM FINED FOR RETRANSMISSION WITHOUT BROADCASTER CONSENT Download Data: File Type: pdf File Size: 54387 Added On: 8/21/2012 The Randall Terry Decision and What it Means for Broadcasters Description: On the Friday before the Super Bowl, the FCC's Media Bureau issued an order allowing Chicago television station WMAQ to deny purported Presidential candidate Randall Terry the right to purchase political advertisements during the Super Bowl.... Download Data: File Type: pdf File Size: 37519 Added On: 2/21/2012 Deadline Reminder Description: EAS CAP-Formatting Deadline Video Description Rules Low Power TV Upgrade Grants Deadline Internet Closed Captioning Compliance Deadline Download Data: File Type: pdf File Size: 46512 Added On: 6/19/2012 FEDERAL COURT STRIKES DOWN BAN ON POLITICAL AND ISSUE ADVERTISEMENTS FOR PUBLIC BROADCASTERS Description: Last week, a federal court based in California issued a surprising and sure to be controversial decision finding the Communication Act's ban on the airing of political and issue advertisements by public broadcasters to be a violation of their First Amendment rights. Download Data: File Type: pdf File Size: 36670 Added On: 4/19/2012 EAS Reminders Description: Several important emergency alert system ("EAS”) deadlines are on the horizon. All broadcasters should take steps to ensure timely compliance with the the items in the memorandum. Download Data: File Type: pdf File Size: 30571 Added On: 4/19/2012 GAO Report on Eliminating Copyright Licenses for Retransmission Description: On November 23, 2011, the Government Accountability Office (GAO) released a report discussing the potential impact of eliminating the statutory compulsory copyright licenses that allow cable and satellite companies to retransmit local broadcast signals. Download Data: File Type: pdf File Size: 33482 Added On: 11/29/2011 December 2012 Legal Review Description: FCC SEEKS COMMENT ON PROPOSED REQUIREMENT FOR VIDEO DESCRIPTION OF EMERGENCY INFORMATION OPERATION OF TV WHITE SPACES DEVICES NOW AUTHORIZED IN EAST COAST REGION REMINDER: BROADCASTERS REQUIRED TO POST CERTAIN MATERIAL ON STATION WEBSITES RADIO BROADCASTERS SUE SESAC FOR ANTITRUST VIOLATIONS NEW BILL IN CONGRESS PROPOSES TO CUT ROYALTY RATES FOR INTERNET RADIO ENFORCEMENT REMINDER: FCC FINES STATIONS FOR PUBLIC FILE VIOLATIONS POLITICAL FILE RECORDKEEPING: LESSONS FROM THE 2012 ELECTION SEASON Download Data: File Type: pdf File Size: 64343 Added On: 12/14/2012 Station Conducted Contest-a Review Description: STATION-CONDUCTED CONTESTS—A REVIEW When the FCC doles out fines to broadcasters for violation of the FCC's station-conducted contest regulation, many other stations take notice. Here are some tips to help avoid complaints and unbudgeted expenses or fines. Download Data: File Type: pdf File Size: 54207 Added On: 12/12/2012 Definition of MVPD Description: This is a memorandum regarding an FCC proceeding that will define the term "MVPD.” As discussed in the Memorandum, the definition of "MVPD” has important implications for retransmission consent. Download Data: File Type: pdf File Size: 44952 Added On: 4/13/2012 November 2011 Legal Review Description: FCC launches proceeding to replace TV issues/programming lists with new standardized online disclosure form Download Data: File Type: pdf File Size: 42793 Added On: 11/21/2011 FCC Fines Stations for EEO Violations and Commission Study on Low-Power Radio Description: In the final days of 2011, the FCC issued two decisions in which it fined two broadcast employment units a total of $22,000 for violations of the FCC's EEO rules. The FCC recently released the results of an economic study finding that LPFM stations have little impact on the economic health of full-service commercial FM radio stations in the same market. Download Data: File Type: pdf File Size: 48121 Added On: 2/9/2012 FCC Adopts Rules for Internet Closed Captioning Description: FCC Adopts Internet Rules for Cosed-Captioning Download Data: File Type: pdf File Size: 42042 Added On: 3/8/2012 FCC's new public file rules Description: New rules requiring an online public file for all television stations will go into effect on August 2, 2012. Download Data: File Type: pdf File Size: 242838 Added On: 7/5/2012 Performance Tax Issue Description: Enclosed is a legal memorandum from our office regarding the performance tax issue. As discussed in the memorandum, late last week, the National Association of Broadcasters released a summary of a concept being discussed with MusicFirst, the advocacy group that represents recording artists and record companies, for settlement of the performance tax issue. Please let us know if there are any questions. Download Data: File Type: pdf File Size: 41878 Added On: 8/12/2010 Video Description Legislation Description: Enclosed is a legal memorandum regarding video description legislation. As discussed in the memorandum, President Obama has signed the Twenty-First Century Communications and Video Accessibility Act of 2010 into law. Download Data: File Type: pdf File Size: 50344 Added On: 11/3/2010 Radio Station License Renewals Description: Attached is a legal memorandum regarding radio station license renewals. As discussed in the memorandum, all Virginia radio stations must electronically file their FCC license renewal applications by June 1, 2011. Please let us know if there are any questions. Download Data: File Type: pdf File Size: 34399 Added On: 2/25/2011 Move In Freeze Description: A legal memorandum
Description
FCC Provides Direction to Incentive Auction Stakeholders Closed Captioning Certifications for New Programs Commercialization Rules and Policies for Children's TV Programming FCC to Consider Modernizing Station-Conducted Contest Regulations
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MAY 29, 2015, IS THE PRE-AUCTION LICENSING DEADLINE FOR FULL POWER AND CLASS A TELEVISION STATIONS
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MAY 29, 2015, IS THE PRE-AUCTION LICENSING DEADLINE FOR FULL POWER AND CLASS A TELEVISION STATIONS
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ONE WEEK COUNTDOWN: MAY 29, 2015, IS THE PRE-AUCTION LICENSING DEADLINE FOR FULL POWER AND CLASS A TELEVISION STATIONS
Description
ONE WEEK COUNTDOWN: MAY 29, 2015, IS THE PRE-AUCTION LICENSING DEADLINE FOR FULL POWER AND CLASS A TELEVISION STATIONS
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POTENTIAL COMPLICATION FOR RETRANS NEGOTIATIONS: THE FCC'S RECENT CABLE RATE DEREGULATION DECISION
Description
POTENTIAL COMPLICATION FOR RETRANS NEGOTIATIONS: THE FCC'S RECENT CABLE RATE DEREGULATION DECISION
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REMINDER: MAY 29, 2015, IS THE PRE-AUCTION LICENSING DEADLINE FOR FULL POWER AND CLASS A TELEVISION STATIONS
Description
REMINDER: MAY 29, 2015, IS THE PRE-AUCTION LICENSING DEADLINE FOR FULL POWER AND CLASS A TELEVISION STATIONS
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REVERSE AUCTION APPLICATION DEADLINE, WORKSHOP, AND PROCEDURES
Description
Another day, another Spectrum Auction announcement: On November 12, the FCC delayed the deadline for filing applications to participate in the reverse auction. That makes this a good opportunity to remind stations that the FCC is conducting a workshop on Tuesday, November 17, to discuss reverse auction application issues. This is also an appropriate time to review some general information about the procedures established by the FCC for broadcasters to apply to participate in the reverse auction. Please open the attached file to learn more. The FCC released a Public Notice changing the date to December 8.
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THE FCC'S RETRANSMISSION CONSENT RULEMAKING
Description
In response to a congressional directive contained in last year's reauthorization of the satellite home viewer act ("STELAR”), the FCC has initiated a rulemaking proceeding to review the "totality of the circumstances” test for determining whether broadcast stations and MVPDs are negotiating retransmission consent in "good faith.”
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TV STATION COPYRIGHT ROYALTY CLAIMS DUE JULY 31, 2015
Description
TV STATION COPYRIGHT ROYALTY CLAIMS DUE JULY 31, 2015
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VIRGINIA NONCOMMERCIAL RADIO STATION BIENNIAL OWNERSHIP REPORTS DUE JUNE 1, 2015
Description
VIRGINIA NONCOMMERCIAL RADIO STATION BIENNIAL OWNERSHIP REPORTS DUE JUNE 1, 2015
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