Legal Memorandums: 2016
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"Modernized” Station-Conducted Contest Regulations Are Now Effective
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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.
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2 Weeks Until Nationwide EAS Test; New EAS Handbook; TV Stations Still Need to Obtain Closed Captioning Certifications
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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.
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30-Day Countdown to December 24 Radio Online Public File Deadline!
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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.
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60-Day Countdown to Radio Online Public File Deadline!
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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.
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AN OVERVIEW OF THE FCC's INCENTIVE AUCTION ANTI-COLLUSION RULE
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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.
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April 29,2016 Legal Memorandum
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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.
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April Fools' Day and EAS Proceeding - Comment Dates Announced
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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.
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December 24 Deadline for Radio Online Public File Uploads!
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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.
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EAS Form 3 Report Due November 14; FCC Form 317 Due December 1 for Digital Television Stations
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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.
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EAS Form One Revisions Due TODAY (September 26); Regulatory Fees Due September 27
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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.
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EAS Form Two Due
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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.
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FCC ADOPTS REGULATORY FEES; PAYMENTS DUE BY SEPTEMBER 27, 2016
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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.
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FCC Form 317 Public Notice Has Been Released
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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.
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FCC Incentive Auction Stage 4 Public Notice Issued
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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.
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FCC Releases Initial Results of September 2016 Nationwide EAS Test
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FCC RELEASES INITIAL RESULTS OF NATIONWIDE EAS TEST On December 28, the FCC released a public notice to report its initial findings and results of the September 2016 nationwide EAS test. Please open the attached file to learn more.
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FM Translator Window Closes October 31; Stage 3 of Incentive Auction Begins November 1
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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.
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IMPORTANT JUNE 1 FCC DEADLINES FOR VIRGINIA RADIO AND TELEVISION STATIONS
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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.
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IMPORTANT Upcoming Deadlines (and Potential New Flexibility for EEO Rules!)
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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!
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IMPORTANT: FCC Delays Implementation Deadline for Emergency Graphics-to-Speech Rule for TV Stations
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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.
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Is Your Political File in Great Shape?
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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.
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Legal Memorandum November 21, 2016
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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.
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May 11 2016 Legal Memorandum
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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.
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May 25 Legal Memorandum
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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.
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Multi Memorandum
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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. * * * * *
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Multilingual EAS Information Due Next Year, Ownership Rules Effective December 1, New DMCA Safe Harbor Process
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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.
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NAB Streaming Waivers, New Video Description Rules in November, License Renewal Designated for Hearing
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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.
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NEW CLOSED CAPTIONING RULES CREATE NEW OBLIGATIONS FOR STATIONS AND PROGRAMMERS
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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.
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New EAS Handbook for All Broadcast Stations
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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.
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NO NEW "GOOD FAITH” RETRANSMISSION CONSENT NEGOTIATION RULES
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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.
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ONLINE PUBLIC FILES: NEW SYSTEM FOR TV STATIONS; RADIO DEADLINES ANNOUNCED
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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.
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Radio Online Public Files; Changes to Ownership Reporting Requirements
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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.
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Reminder of Multiple Deadlines: Reg Fees; EAS Forms One and Two; GMR Interim License; FCC Form 387
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FCC 2017 REGULATORY FEES DUE SEPTEMBER 26 The deadline for paying regulatory fees is 11:59 p.m. Eastern Time on September 26, 2017. Payments that are even one minute late face a penalty of 25%; thus, for example, a station that owes $5,000 in regulatory fees would have to pay $6,250 if it misses the deadline. To learn more, please open the attached file. * * * EAS FORM ONE REVISIONS AND FORM TWO DUE SEPTEMBER 27 The FCC and FEMA (the Federal Emergency Management Agency) have scheduled a nationwide test of the Emergency Alert System ("EAS”) for Wednesday, September 27, 2017. In connection with the nationwide test, all broadcasters were required to file the Form One EAS report through the FCC's ETRS (EAS Test Reporting System) by August 28. Stations have until September 27 to make any corrections to, and re-file, their Form One reports. To learn more, please open the attached file. * * * NEW EAS HANDBOOK MUST BE IN USE BY SEPTEMBER 27 In late July, the FCC released a Public Notice announcing the issuance of a new EAS Operating Handbook for all broadcast stations. Stations must implement the use of the 2017 EAS Operating Handbook in time for the September 27, 2017, nationwide EAS test. To learn more, please open the attached file. * * * GMR INTERIM LICENSE EXTENSION: RADIO STATIONS MUST ACT BY SEPTEMBER 30 Radio stations wishing to extend their interim license with performing rights organization Global Music Rights ("GMR”) must take action by September 30, 2017. GMR offered a 9-month interim license to radio stations pending the resolution of antitrust litigation filed against GMR by the Radio Music License Committee. Those interim licenses expire on September 30, 2017. To learn more, please open the attached file. * * * FCC FORM 387 DUE OCTOBER 10 FOR CERTAIN TV STATIONS The FCC has released a Public Notice announcing that Form 387 - the "Transition Progress Report” - can now be accessed in the FCC's Licensing and Management System by broadcasters who are ready to begin completing their first Form 387 report. To learn more, please open the attached file.
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RMLC and GMR Agree on Interim Music License for Radio Stations--Action Must Be Taken By January 31, 2017
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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.
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Stations Must Update CORES Information; Noncommercial Stations Have a New Biennial Ownership Reporting Deadline
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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.
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TELEVISION DISTANT SIGNAL COPYRIGHT ROYALTY CLAIMS DUE JULY 29
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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.
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THE FCC's NEW OPIF SYSTEM LAUNCHED TODAY, JUNE 24; SOME TELEVISION PUBLIC FILE RECORDS NOT YET IMPORTED BY THE FCC
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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.
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THE TIME IS NIGH! THE FCC'S NEW ONLINE PUBLIC FILE SYSTEM GOES "LIVE” ON JUNE 24
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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.
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Three-Month Countdown to Radio Online Public File Deadline!
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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.
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TV Repacking Webinar on October 17; EAS Form Three Report Due November 14; All TV Stations Should Check FCC Contact Information
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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.
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URGENT DEADLINE Final Reminder: EAS "Form One" Filing Due to FCC August 26
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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.
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VAB Filing Reminders: FM Translator Windows for AM Stations; Distant Signal Copyright Royalties for TV Stations
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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