' Bolts of Political Broadcasting

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Revised August 2020

"Eye on Enforcement" Edition -- Highlighting Recent FCC Enforcement Actions

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In the attached memo, we highlight a number of recent high-profile FCC enforcement actions, each of which serves as a reminder to licensees of the importance of regulatory compliance—and of the costly consequences that can result when broadcasters fail to follow the Commission's rules. * * * BROADCASTER AGREES TO PAY SEVEN-FIGURE PENALTY TO SETTLE ALLEGATIONS OF VIOLATIONS OF FCC'S ANTENNA SAFETY RULES A broadcaster agreed to pay more than a million dollars as part of a Consent Decree entered into earlier this month to resolve multiple alleged violations of the Commission's various antenna safety rules. The Consent Decree deals with eleven antenna structures located across the United States. According to the Enforcement Bureau, the prior owners of these antenna structures failed to: conduct required daily inspections of the lighting systems of ten of the antenna structures; completely log twelve lighting failures at seven of the antenna structures; and timely notify the Commission of its acquisition of two antenna structures. To learn more, please open the attached memo. * * * STATION LOSES LICENSE OVER FAILURE TO PAY REGULATORY FEES As broadcasters know, holding an FCC license is a privilege, not a right. It's a reminder made plain thanks to a recent Commission Revocation Order, in which a Georgia broadcaster had its license to operate an AM radio station revoked for failing to timely pay regulatory fees across five fiscal years. Please open the attached memo to find out more about why the Commission gave this licensee the "death penalty.” * * * NCE LICENSEE ADMITS VIOLATING FCC'S UNDERWRITING RULES; AGREES TO PAY $76,000 Commercial broadcasters aren't the only ones who the Enforcement Bureau has targeted lately. A licensee of two noncommercial educational broadcast stations in Arkansas recently agreed to pay $76,000 and to put in place a five-year compliance plan as part of an Order and Consent Decree in which the broadcaster admitted that its stations had broadcast announcements that violated the Commission's underwriting rules by promoting products, services, or business of the stations' financial contributors. To learn more about the on-air content with which the Commission took issue, please open the attached memo.

C-Band Order Up for February Vote -- First Round of 2020 EEO Audits

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LONG-ANTICIPATED C-BAND SPECTRUM ORDER TO BE CONSIDERED AT FCC'S FEBRUARY 28 OPEN MEETING Chances are, you've heard quite a bit of mention in recent months, and even years, about the "C-band.” But, you may still be wondering, just what exactly is it? Well, the C-band is a 500-megahertz swath of spectrum (the 3.7 to 4.2 GHz band, to be exact) that is currently used mostly by satellite companies to beam content to television and radio broadcasters, cable systems, and other content distributors. Many broadcast stations use C-band downlink earth stations to receive network and syndicated programming, and the C-band is used heavily for content distribution to television and radio broadcasters, including transportable antennas to cover live news and sports events. Just about every U.S. household relies on C-band satellite operations. Now, after more than a year-and-a-half of comment, study, lobbying, and the like, the Commission has released a Draft Order and Proposed Order of Modification and accompanying Draft Public Notice that seek to make a significant portion of the C-band available for new terrestrial wireless uses as quickly as possible, while also preserving the continued operation of existing fixed satellite services during and after the C-band's transition. The Draft Order, upon which the Commission is expected to vote at its February 28 Open Meeting, would make available through a public auction the lower 280 megahertz of the C-band. Incumbent users of the C-band would then be repacked into the upper 200 megahertz of the band, and the remaining 20 megahertz in the middle (the portion from 3.98-4.0 GHz) would serve as a guard band. To read more about the Draft Order, please open the attached memo. * * * COMMISSION ANNOUNCES FIRST EEO AUDITS OF 2020; RESPONSES DUE BY MARCH 23, 2020 Approximately 240 radio stations, 80 TV stations, and their corresponding employment units will be part of the FCC's first equal employment opportunity (EEO) audit of 2020, according to a recently issued Public Notice. The Commission has already begun mailing audit letters to the selected stations, who must upload their audit responses by March 23, 2020 to their online public inspection files. To learn more about the Notice and the Commission's EEO audit process, please open the attached file.

C-BAND UPDATE: Particulars of Lump Sum Reimbursement Option FINALIZED; Final List of Incumbent Earth Stations Issued; Comment Period Set for Preliminary Relocation Clearinghouse and Coordinator Selections

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We write today with further updates regarding what's going on with the C-band—and what broadcasters need to be aware of with respect to the FCC's C-band proceeding. As you'll recall, the C-band—which many broadcasters use for the reception of programming—is the swath of spectrum between 3.7 and 4.2 GHz, a large portion of which the Commission will make available via a public auction for new terrestrial wireless uses; the Commission also intends to preserve the continued operation of existing fixed satellite services ("FSS”) during and after the C-band's transition. In the attached memo, we first give a quick summary of important upcoming deadlines regarding the C‑band so broadcasters can understand what is going on—and when. Note that, among other things, the Commission has now finalized the cost categories and lump sum election options for earth stations that qualify for reimbursement, and set an August 31, 2020, deadline for making such lump sum elections. Following that quick summary, we discuss in greater detail what each deadline means for broadcasters. Please open the attached memo for more information.

Deadlines -- Reg Fees -- C-Band Interference -- RMLC/SESAC

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Regulatory Fee Payments for Fiscal Year 2020 Due by Friday, September 25, 2020! We wish to remind you that the deadline by which you must pay your regulatory fees for fiscal year 2020 is fast approaching—all payments are due by 11:59 PM, ET, this Friday, September 25, 2020. Please open the attached memo for key reminders to keep in mind as you prepare your 2020 regulatory fee payments. * * * FCC Announces Brief Window to Request Interference Protection for Limited Number and Types of Unregistered C-Band Earth Stations The FCC has set a deadline of Friday, September 25, for earth station operators (including broadcasters) who have already qualified for "incumbent” status to request a unique waiver to permit them to add currently unregistered antennas to a preexisting earth station registration, according to a recent Public Notice (the "Notice”). The ability to request this unique waiver comes with important qualifications; please open the attached file for more information. * * * Deadline for Eligible Commercial Radio Stations to Opt-in to New RMLC and SESAC Performance License Agreement is TOMORROW, September 23, 2020 As we recently wrote, the Radio Music License Committee ("RMLC”) and the performing rights organization SESAC have reached an agreement regarding commercial radio station licensing and royalty rates for the musical works contained in SESAC's repertoire for the four-year period covering January 1, 2019, to December 31, 2022. Eligible commercial radio stations may opt-in to the agreement by Wednesday, September 23, 2020. Find out how to do so in the attached memo.

EEO "Broad Outreach" Limited Waiver -- Sinclair Consent Decree -- Good Faith Violation Settlement

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FCC Announces Narrow Waiver of "Widespread Recruitment” EEO Requirement When Rehiring Staff Laid Off Due to COVID-19 In an Order released earlier this week, the Media Bureau announced a limited waiver of the "widespread requirement”/"broad outreach” requirements of the Commission's Equal Employment Opportunity (EEO) rules in light of the COVID-19 pandemic. Specifically, the Order allows broadcast licensees (and MVPDs) to re-hire certain full-time employees without first conducting widespread requirement or engaging in broad outreach efforts. Note, however, that the limited waiver applies only to the rehiring of those employees who (1) were released due to circumstances related to the ongoing COVID-19 pandemic, (2) in situations where the broadcast licensee re-hires the employee within nine months after the date he or she was laid off. Please open the attached memo to learn more. * * * FCC Issues $48 Million Civil Penalty Against Sinclair, Settles Investigations The FCC announced yesterday the entry of a Consent Decree with Sinclair Broadcasting Group requiring payment of a $48 million civil penalty and adherence to a compliance plan to resolve three open investigations. The fine is the largest ever issued by the Commission. The text of the Consent Decree is not available as of this writing, but, based on the News Release announcing the settlement, the Consent Decree closes the Commission's investigation of the company's disclosures of information to the Commission during the proposed acquisition of Tribune Media stations in 2017. For more information, please open the attached file. * * * Broadcaster to Pay $100,000 to Commission for Violating Retrans Consent "Good Faith” Provisions A broadcaster has admitted that it did not negotiate retransmission consent in "good faith,” agreed to pay a $100,000 civil penalty, and agreed to implement a three-year compliance plan to ensure similar violations do not happen again, according to an Order and Consent Decree released by the Commission last week. The Consent Decree partially settles an FCC investigation that we first wrote about back in November. As you may recall, at that time the Media Bureau issued a Memorandum Opinion and Order that found that several broadcast licensees failed to negotiate with DirecTV and AT&T in "good faith” for consent to carry the signals of some 20 television stations, in violation of the Commission's rules. We believe the November Order marked the first time that the Commission found a broadcaster (or, in this case, a group of broadcasters) had failed to negotiate retrans consent in good faith; the Consent Decree, we believe, marks the first time a broadcaster will pay a penalty for violations of the good faith rules. Please open the attached memorandum for more information.

Eye on FCC Enforcement Edition

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Please open the attached Legal Memo for summaries of numerous recent FCC enforcement actions, including the following: $125,000 Fine Imposed for FM Station's Violations of Antenna Structure, Contest, and Live Broadcast Rules A Florida FM station's recent slate of FCC rule violations have been resolved by a Consent Decree that levels a fine of $125,000. The substantial fine addresses multiple, often extended violations of the FCC's rules governing antenna structures, deceptively conducted contests, and live broadcasts. Please open the attached file for more information. * * * $25,000 Fine Proposed for LPFM Station's Alleged Unauthorized Station Operation, Failure to Make Station Available for FCC Inspection, and EAS Compliance Issues A Florida low power FM licensee has received a Notice of Apparent Liability for Forfeiture proposing a fine of $25,000 for the licensee's apparent failures to (1) operate its station in accordance with the terms of its license and the Commission's LPFM technical rules; (2) make the station available for FCC inspection; and (3) maintain required EAS equipment. For more details, please open the attached memo. * * * $15,000 Fine Imposed on FM Translator Licensee Who Provided Incorrect Information to FCC and Engaged in Unauthorized Antenna Operations In another case involving impermissible variances between an FCC authorization and the operations of the facility to which it applies, an Arizona FM translator licensee has entered into a Consent Decree that, among other things, requires the licensee to pay a $15,000 fine. The Consent Decree was issued in the context of the licensee's deviations from an FCC construction permit—rather than the facility's pre-existing broadcast license—highlighting the fact that regulatory pitfalls (and punishments) can occur at all stages of the broadcast ownership process. To learn more, please review the attached memo. * * * $15,000 Fine Resolves LPFM's Violations of FCC's Rules Governing Underwriting, Cross-Ownership, Assignments and Transfers of Control, and LPFM Holding Period Commercial stations aren't the only ones who have been subject to recent FCC enforcement actions: another recent Consent Decree resolves a noncommercial Rhode Island low power FM Station licensee's violations of the FCC's (1) cross-ownership rules, (2) LPFM assignment and transfer of control laws, (3) recently altered holding-period rule, and (4) underwriting laws. Please open the attached memo for more information. * * * Failures to Timely File License Renewal Applications Costing Stations a Proposed $3,000 a Pop Over the past several months, the Commission has issued multiple Notices of Apparent Liability for Forfeiture for TV and radio licensees' apparent failures to timely file license renewal applications. The Notices address renewal applications for LPTV stations, AM stations, and FM stations, and target stations located from Alabama all the way to the U.S. Virgin Islands. For more, please open the attached memo. * * * Political File Consent Decrees Continue to Roll In And, last but not least, we've noticed that political file consent decrees continue to be inked between the Commission and various radio broadcasters at a fairly steady clip. By our count, more than a dozen political file consent decrees have been released over the last month or so. Please open the attached file for additional information and context.

FCC and NAB Seek U.S. Supreme Court Review of Third Circuit's Ownership Decision

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Last week, in separate filings, the FCC and the National Association of Broadcasters asked the United States Supreme Court to review the fall 2019 decision of the Third Circuit Court of Appeals rejecting the Commission's 2017 effort to modernize its local media ownership rules. You'll recall that, in November 2017, the Commission adopted an Order on Reconsideration that modernized a number of local media ownership rules, finding them no longer justified in light of competitive conditions in the rapidly-changing media marketplace. In particular, the 2017 Order repealed or modified the Newspaper/Broadcast Cross-Ownership Rule, the Radio/Television Cross-Ownership Rule, the Local Television Ownership Rule (including the "eight voices” test and the prohibition on top-four combinations), the Local Radio Ownership Rule, and the Television Joint Sales Agreement Attribution Rule. In September 2019, a divided three-judge panel of the Third Circuit Court of Appeals—the same panel that has overseen challenges to the Commission's efforts to modernize the local media ownership rules for more than 15 years—vacated the Commission's rule changes in their entirety. The panel majority found no fault with the FCC's analysis of competitive marketplace conditions, but it concluded that the Commission had failed to "adequately consider the effect its new rules would have on ownership of broadcast media by women and racial minorities.” Since the Third Circuit's decision took effect in November 2019, the pre- 2017 local media ownership rules have been back in effect. The means that the Newspaper/Broadcast Cross-Ownership Rule is now in play, the Local Television Ownership Rule test for a permissible television duopoly includes both the "Top 4” prohibition and the "8 voices” test, and certain television Joint Sales Agreements are "attributable,” subject to specified grandfathering relief. Industry stakeholders have watched for the last several months as both the Commission and the National Association of Broadcasters filed requests in February and March for additional time within which to ask the U.S. Supreme Court to review the Third Circuit's decision. The wait has come to an end. On Friday, April 17, both the Commission (via the Office of the Solicitor General) and the NAB (joined by various industry participants) filed separate cert petitions asking the Court to review the Third Circuit panel's September 2019 decision. For more information, including why the FCC and NAB believe the Supreme Court should take this case, please open the attached file.

FCC Enforcement Actions Edition

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Apparent Violations of FCC's Underwriting Rules Draw $15,000 Proposed Fine A low power FM licensee's alleged airing of commercial material may end up costing the station $15,000, according to a recent Notice of Apparent Liability for Forfeiture issued by the FCC's Enforcement Bureau. The NAL centers on the FCC's underwriting rules, which prohibit noncommercial educational stations (including all LPFM stations) from airing commercial advertisements. Although NCE stations can identify contributors who provide financial support, they cannot go further and promote a contributor's products, services, or businesses. For more information, please open the attached memo. * * * Enforcement Bureau Issues Two Notices of Apparent Liability for Apparent Violations of FCC's Station-Conducted Contest Rules In a pair of recent Notices of Apparent Liability for Forfeiture, the FCC has proposed fines of $5,200 and $6,000, respectively, for two radio licensees' apparent failures to timely award promised contest prizes to the winning contestants. According to the Notices, each proposed fine is meant to "advance[] the Commission's longstanding goal of protecting the public form being deceived by broadcast contests.” Please open the attached file to learn more. * * * Radio Station Fined $7,000 for Failing to Timely File License Renewal Application and Operating Station After Its Authorization Expired As we pass the mid-point of the second year of the current radio license renewal cycle (which began in mid-2019 and continues until mid-2022), it is perhaps unsurprising that the Commission has issued a Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture highlighting the importance of complying with the Commission's license renewal regime. The NAL addresses two distinct violations apparently committed by an AM station licensee that can result from failing to comply with applicable license renewal deadlines. First, the NAL tentatively finds that the Licensee failed to timely file a license renewal application. Second—doubling the Licensee's trouble—the Licensee apparently continued to broadcast after its license had expired, thus engaging in unauthorized operation of the station. Please see the attached memo for additional information. * * * $1,500 Fine Proposed for Low Power FM Broadcaster's Late Filing of License Renewal Application Continuing the theme of "lessons to be learned” from license renewal enforcement actions, in another Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture, the FCC proposed a $1,500 fine for the failure of an LPFM station to timely file its license renewal application. Unlike in the case of the AM station described above, the LPFM station at least filed its license renewal application a few days before its broadcast license was set to expire. Although the NAL tentatively concludes that the licensee willfully violated FCC rules when it filed its license renewal application on January 27, 2020—nearly four months after the applicable October 1, 2019, application filing deadline—the NAL is silent regarding any liability for unauthorized operation of the station. For more info, please open the attached file. * * * Radio Broadcasters Agree to Pay $8,000 Fine to Resolve FCC Investigation into Unauthorized Assignment of Station Licenses In another noteworthy Order and Consent Decree, the Media Bureau resolved an investigation into two radio broadcasters who allegedly assigned the broadcast licenses for two radio stations—an AM station and an FM translator station—without prior FCC authorization. The broadcasters admitted that an unauthorized assignment had occurred, and agreed to pay $8,000 for the violations. Please open the attached memo for more information.

FCC Provides Guidance Regarding Lowest Unit Charge and LMA/SSA Arrangements In Light of COVID-19 Emergency

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FCC Provides Guidance on the Effect of Providing Free Advertising Time on LUC/LUR During COVID-19 Pandemic In a Public Notice released late Thursday, March 25, the FCC announced a temporary policy relating to lowest unit charge ("LUC” or "LUR”) obligations of stations that are airing (or will air) political candidate advertising during an LUC window during the COVID-19 pandemic. In short, in certain specifically defined circumstances explained in the attached memo, a station may offer commercial advertisers free ad time without affecting the LUC applicable to political candidates. Please open the attached memo for important qualifications on the FCC's LUC guidance. * * * Media Bureau Announces New Waiver Process for LMA and SSA Stations to Produce Additional News The Media Bureau released a second Public Notice late Thursday in which it announced a temporary waiver process for television stations subject to Local Marketing Agreements ("LMAs”), Shared Services Agreements ("SSAs”), or similar arrangements in order to provide additional news coverage during the public health emergency related to COVID-19. Specifically, the Notice recognizes that LMA and SSA stations broadcasting expanded news coverage of COVID-19 and information of community concern could potentially violate the FCC's local television ownership rule by exceeding limits on the amount of news one in-market station can provide to another in-market station. As such, the Commission in the Notice announces that, during the COVID-19 national emergency situation, stations may request temporary waivers of the local television ownership rule in order to permit brokering stations to provide more news coverage to brokered stations than is currently permitted by the local television ownership rule. For more information, please open the attached memo.

FCC Releases Order Offering Greater Clarification of October 2019 Political File Clarification Order

FCC's New Local Public Notice Rules Take Effect -- What Broadcasters Need to Know

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New Local Public Notice Procedures for Broadcast Applications Now In Effect As of this past Friday, October 30, 2020, the FCC's new local public notice rules and procedures—which are triggered upon the filing of various FCC applications—are now in effect. The new rules require most broadcasters to "expeditiously” generate new online content, and the new rules and procedures otherwise apply to any FCC applications requiring local public notice that are filed on or after October 30, 2020. Accordingly, going forward, all broadcasters should carefully review and be prepared to follow the FCC's new local public notice procedures, which include the following important items: · Broadcasters' on-air post-filing announcement obligations have changed in many important ways, including the text required in the announcements, the frequency of announcements, and the timing of their broadcast. · Newspaper notice has now been replaced with written online notice, subject to specific website placement, timing, and other requirements. · All broadcasters with a website for their station, the broadcaster's company, or the broadcaster's parent company must create and maintain on their website a link labeled "FCC Applications” that links to a web page containing new standard online notice text and the date on which the webpage was last updated. All such broadcasters—even those who do not have any currently pending or soon-to-be-filed applications—must "expeditiously” create new webpage content under the new rules. For more information regarding these new rules, please open the attached memo.

Federal Trade Commission "Endorsement Guide" Proceeding -- HIPAA Considerations When Reporting on COVID-19

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Federal Trade Commission Launches Proceeding on Endorsements in Advertising We write today to let you know about a proceeding of which broadcasters should be aware initiated not by the FCC, but, rather, by the FTC—the Federal Trade Commission. The FTC in its proceeding is revisiting and potentially modifying its Guides Concerning the Use of Endorsements and Testimonials in Advertising, commonly referred to as the "Endorsement Guides.” The Endorsement Guides are intended to be a tool to assist businesses with bringing their advertising practices in line with relevant law, namely Section 5 of the FTC Act, which generally prohibits unfair or deceptive advertising. The FTC's Endorsement Guides apply to all businesses, including broadcast stations, and broadcasters may find themselves needing to consider the Endorsement Guides (and maintain compliance with them), in any number of ways. Please open the attached memo to learn more. * * * Newsgathering During COVID-19: HIPAA Restrictions on Media Access to Protected Health Information We also write to let you know about recent guidance from the federal government related to required authorization prior to accessing and shooting video of patients in health care facilities—which guidance may be particularly relevant for stations as they report on various aspects of the COVID-19 pandemic. The Office of Civil Rights at the U.S. Department of Health and Human Services, the federal agency primarily responsible for enforcement of the Health Insurance Portability and Accountability Act or "HIPAA,” recently issued guidance clarifying that even during the COVID-19 pandemic HIPAA requires covered health care providers to obtain each patient's authorization before news crews may be given access to facilities where the patient's protected health information is accessible in any form (oral, visual, etc.). For more on this recent guidance, please open the attached file.

FY 2020 Reg Fees -- Local Public Notice Requirements -- 6 GHz Order -- Video Description

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Proposed Regulatory Fees for Fiscal Year 2020 Scheduled for Consideration at FCC's May 2020 Open Meeting: Radio May See Fee Increase; Television Likely to See Fees Based Entirely on Population Last week, the Commission released a draft Report and Order and Notice of Proposed Rulemaking (the "Draft Notice”) that contemplates proposed regulatory fees for Fiscal Year 2020. The Draft Notice is set to be considered for adoption at the Commission's May 2020 open meeting, although the form and substance of the Draft Notice may ultimately change in the intervening period. Of particular significance to broadcasters, if adopted in its current form, the Draft Notice would propose (1) setting regulatory fees for radio stations approximately 4% to 5% higher than the corresponding FY 2019 fees; and (2) using, for the first time, a methodology to calculate full-power television stations' regulatory fees based solely on population. Notably, the Commission in the Draft Notice does not focus on the COVID-19 pandemic, or the financial hardships broadcasters are facing as a result of the public health crisis. Some broadcasters have advocated for a waiver of regulatory fees in light of the pandemic; the Commission has shown no appetite for such a waiver. Bear in mind, we are talking about a Draft Notice of Proposed Rulemaking here. So, even if the Commission adopts the Draft Notice as-is, broadcasters would still have the opportunity to comment on it prior to the Commission ultimately issuing a 2020 regulatory fees Order, which would come sometime in the next several months. Please open the attached memo to learn more. * * * Commission Expected to Consider Major Revisions to Local Public Notice Requirements and Procedures for Broadcast Applications It appears as though wholesale revisions may be coming in the not-too-distant future to the local public notice procedures broadcasters are required to follow when filing FCC applications. According to a Draft Second Report and Order that the Commission is scheduled to consider at its May 13, 2020, open meeting, the FCC may soon fundamentally alter various aspects of its local public notice rules and procedures. Among other things, the Draft Order would: generally harmonize the public notice requirements across all FCC applications that require such notice; do away with newspaper publication requirements and pre-filing announcements; require more frequent, but shorter, post-filing announcements; and, broadly, move the focus of the notice procedures online, where the public can easily access and view applications under Commission consideration. For more on what the Draft Order contemplates and how broadcasters' public notice obligations could change, please open the attached memo. * * * FCC Expands Unlicensed Broadband Operations in 6 GHz Band, DESPITE Broadcasters' Interference Concerns Over the past several years, broadcasters have had a fair amount of success in getting the FCC to understand how proposed Commission actions regarding the reallocation of various spectrum bands might affect TV and radio operations—and then persuading the Commission to act accordingly. Unfortunately, the FCC appears to have been less receptive to broadcasters' concerns in adopting a recent Report and Order and Further Notice of Proposed Rulemaking that expands unlicensed broadband operations in the 6 GHz spectrum band. Although the text of the Order suggests the FCC intended to appropriately account for broadcasters' sustained advocacy on the issue, the practical effect of the Order appears to subordinate broadcasters' interference concerns in favor of broadband deployment. For more on the Order, and NAB's reaction to it, please open the attached file. * * * Commission Proposes to Expand Its Video Description Rules By 10 dmas Per Year for Next Four Years The FCC last week adopted a Notice of Proposed Rulemaking that seeks comment on the potential expansion of the agency's video description rules to an additional 10 DMAs per year for the next four years, starting in 2021. Certain of the Commission's current video description rules apply to broadcast television stations in the top 60 markets. The stated aim of the Notice's proposal is to ensure that more visually impaired or blind individuals "can be connected, informed, and entertained by television programming.” Please read the attached memo for more information.

Implementing the FCC's New Retrans Consent/Must Carry Election Rules

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How to Implement the New Retransmission Consent/Must Carry Election Rules As we prepare to turn the calendar page to July, we write today to provide you with a "how-to” memo regarding implementation of the FCC's new retransmission consent/must carry election rules—and to remind you that the new rules' first compliance deadline of July 31st is fast approaching. At the outset, it may be helpful to try to forget most of what you thought you knew since the 1992 Cable Act about how to make retransmission consent or must carry elections. As we've reported, in a Report and Order adopted last summer as part of the FCC's Modernization of Media Regulation Initiative, the Commission jettisoned the long-standing requirement that broadcast television stations make a retransmission consent/must carry election every three years by sending written notices to MVPDs via U.S. Certified Mail (Return Receipt Requested). Instead, the FCC will now require stations to post their carriage elections in their online public inspection files. And, significantly, a station will be required to send an email carriage election to an MVPD only when the station is changing its carriage election status (i.e., from retransmission consent to must carry or vice versa). So, gone are the green return receipt cards and the time-consuming task of trying to find addresses for MVPDs and sending multiple notices to the same MVPD "just in case.” The attached memo aims to help guide you and your stations through the new process.

June 1 Deadline: Virginia TV Station License Renewal Applications -- Virginia TV and Radio EEO Annual Reports Due

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June 1, 2020: Deadline for Virginia Television Stations to File License Renewal Applications; Important Steps to Take Prior to Filing With the COVID-19 situation currently dominating so much of our collective time and attention, other items may have been placed on the backburner. Accordingly, and to help ensure that Virginia television stations don't lose sight of upcoming, critical license renewal application deadlines, we write to remind Virginia television stations that their license renewal applications will be due in just a couple of weeks—on June 1, 2020. There are several important steps stations need to take between now and then to be able to successfully complete and submit their license renewal applications, and the Commission has recently changed several fundamental aspects of the renewal form and process. Please open the attached memo to help set your station up for renewal success!

Legal Memo -- 6 GHz Proceeding -- What Broadcasters Need to Know -- and DO!

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6 GHz Spectrum Update: Broadcasters Should Review Accuracy of 6 GHz Fixed Links to Help Prevent Harmful Interference We write today with an update regarding the FCC's 6 GHz proceeding—and with a reminder that broadcasters may wish to take certain action in order to help prevent harmful interference. As you may recall, the FCC recently adopted a Report and Order and Further Notice of Proposed Rulemaking that expands unlicensed broadband operations in the 6 GHz spectrum band (i.e., 5.925 GHz-7.125 GHz). The Order was a setback for broadcasters, who already have deployed—and rely on—significant electronic newsgathering operations in the 6 GHz band and who had warned the Commission that permitting expanded unlicensed broadband operations in the band could cause harmful interference to those electronic newsgathering operations. For years, broadcasters have used the 6 GHz band for essential broadcast auxiliary services, including video relays and the operation of certain wireless microphones. The Order's new rules are set to take effect on July 27, 2020. Accordingly, and to help avoid harmful interference on and after that date, it is important for broadcasters to review the accuracy of the information regarding their fixed 6 GHz links, as such information is listed in the Commission's Universal Licensing System ("ULS”), as soon as possible. Please open the attached memo for more information.

Lowest Unit Charge Window Opens Tomorrow! Kid TV Webinar Next Week

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LUC WINDOW OPENS ON JANUARY 18, 2020 FOR VIRGINIA'S PRESIDENTIAL PRIMARY ELECTION As you're well aware, it's an election year! Virginia's presidential primary election is scheduled for March 3, 2020. (Virginia's other federal, congressional primary election is still several months off, in June.) The "lowest unit charge” ("LUC”) window for Virginia's presidential primary election will open TOMORROW, on Saturday, January 18, 2020. And, remember, the LUC applies to local and state candidates as well, so the LUC window opening on January 18, 2020, also applies to any other elections that happen to have March 3, 2020, primaries. For a refresher on the LUC requirements, please open the attached memo. * * * MEDIA BUREAU TO HOST WEBINAR TO REVIEW CHANGES TO CHILDREN'S TELEVISION PROGRAMMING REPORT ON JANUARY 23, 2020 The Media Bureau will host a webinar on Thursday, January 23, 2020, from 1:30 pm to 2:30 pm Eastern Time, to review the functionality of, and changes to, the Commission's revised children's television programming report. Those who attend will be able to email questions about the new reporting form to FCC staff during the webinar, and staff are expected to address those questions at the session's conclusion. To learn more about the webinar, including how to attend, please open the attached memo to find out.

Music-Centric Edition! (GMR License; Payola; PIRATE Act)

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GMR OFFERING INTERIM LICENSE EXTENSIONS THROUGH MARCH 31, 2021; STATIONS MUST TAKE ACTION In a welcome update substantially similar to ones you've received from us in the past, we have learned that performance rights organization Global Music Rights has agreed to offer extensions for all interim licenses currently set to expire at the end of this month, on March 31, 2020. The new GMR extension will run through March 31, 2021, with terms purportedly mirroring the multiple prior extensions granted by GMR over the past several years. To find out what broadcasters need to do to take advantage of the extension, please open the attached memo. * * * COMMISSIONER O'RIELLY REMAINS FOCUSED ON PAYOLA; REQUESTS RESPONSES FROM MAJOR LABELS REGARDING COMPLIANCE Since we're talking music, we wanted to flag for you Commissioner O'Rielly's continued concerns regarding modern-day payola practices. In a continuation of an inquiry the Commissioner began last year, O'Rielly earlier this year wrote to Sony Music Entertainment, Warner Music Group, and Universal Music Group to ask those Labels a number of questions regarding payola. He requested answers by the end of February. To learn more about Commissioner O'Rielly's concerns, please open the attached memo. * * * PIRATE ACT NOW THE LAW; UNLICENSED RADIO BROADCASTERS BEWARE! Sticking with actions aimed at cracking down on unlawful use of the nation's radio airwaves, we're providing an update (albeit a bit belatedly!) regarding the passage and signing of the Preventing Illegal Radio Abuse Through Enforcement Act (or "PIRATE Act,” for short). In adopting the PIRATE Act several weeks ago, Congress granted the FCC much broader—and quicker-to-execute—enforcement authority to curtail unlicensed radio broadcasting. Please open the attached memo for a quick summary of what the Act does.

New Rule Regarding OT and Minimum Wage Pay Takes Effect January 1st

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CHANGES TO FEDERAL MINIMUM WAGE AND OVERTIME PAY RULES COMING JANUARY 1, 2020; STATIONS MAY BE AFFECTED Changes coming soon to federal "minimum wage” and "overtime pay” rules may have an impact on radio and television station budgets and work schedules. The U.S. Department of Labor recently released a Final Rule—which is set to take effect January 1, 2020—that will raise the salary threshold level for certain white collar employees to be considered "exempt” (i.e., exempt from receiving minimum wage and overtime pay) under the Fair Labor Standards Act. When the Rule takes effect, some station employees who are currently "exempt” may become eligible for minimum wage and overtime pay. Note that application of the Rule is very fact-specific, and stations should consult with their employment counsel to understand how it impacts their employees. That said, the Rule could directly affect many newsroom positions—including, perhaps, news directors, executive producers, chief photographers, chief engineers, and operations managers, to name a few. For more on the Final Rule and how it may affect your stations, please open the attached memo.

Public File Warning - DOJ Weighs in on RMLC/GMR Litigation - Various Comment Dates Announced - and More!

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FCC STAFF KEEPING EYE ON BROADCASTERS' ONLINE PUBLIC INSPECTION FILES; POISED TO RATCHET UP ENFORCEMENT ACTIONS We've recently gotten word that Commission Staff are in the process of carefully reviewing broadcasters' online public inspection files and are on the lookout for: stations that still lack an online public file, dormant online public files, and required items that are missing or have not been timely filed. And, we're hearing that the Staff's thus-far relatively lenient approach to penalizing stations for OPIF deficiencies may be changing; Commission enforcement actions, including substantial proposed fines, may soon be ratcheting up. To learn more, please open the attached file. * * * U.S. DEPARTMENT OF JUSTICE WEIGHS IN ON RMLC/GMR LITIGATION The U.S. Department of Justice weighed in last month in the ongoing antitrust litigation between the Radio Music License Committee ("RMLC”) and Global Music Rights ("GMR”), filing a brief that—unfortunately for broadcasters—essentially seems to side with GMR. To learn more about the filing and the litigation, please open the attached file. * * * RETRANS-RELATED: FCC CONSIDERS UPDATES TO REQUIRED NOTICE OF "SERVICE CHANGES” TO ACCOUNT FOR LAST-MINUTE CARRIAGE NEGOTIATION DEALS The Commission's latest item in its ongoing Modernization of Media Regulation Initiative looks at updating cable operators' notice requirements in light of the current state of many retransmission consent negotiations. In a Notice of Proposed Rulemaking adopted last month, the FCC considers whether (and if so, how) to update its rules regarding the timing of the required notices that cable operators must provide to subscribers (and local franchise authorities) regarding service or rate changes. To learn more, please open the attached memo.

Reg Fee Deadline Today -- Retrans Election Deadline This Week -- FCC Proposes Good Faith Fines -- PN Looks at Application Fees Overhaul

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Fiscal Year 2020 Regulatory Fee Payments Due TODAY, MONDAY, SEPTEMBER 28 We write this morning with a final reminder that all regulatory fee payments for fiscal year 2020 are due no later than 11:59 PM, ET, TODAY—Monday, September 28, 2020. (As we've reported, the previous deadline was September 25, but the FCC released a Public Notice late last week extending the deadline until today.) Please open the attached memo to learn more. * * * TV Broadcasters Must Make Triennial Carriage Elections by Thursday, October 1, 2020 TV broadcasters face another extremely important deadline this week: This Thursday, October 1, 2020, is the deadline for TV broadcasters to make their triennial carriage elections for the January 1, 2021-December 31, 2023, carriage election cycle. As we've reported, the elections that television stations must make by October 1 mark their first elections under the Commission's new, streamlined carriage election procedures. For more information, please open the attached file. * * * Violation of Per Se Good Faith Retransmission Consent Negotiating Standards May Cost TV Licensees MORE THAN $500k Per Station In a different development of potentially great significance relating to retransmission consent, the Commission earlier this month issued a Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture (the "Order”) affirming the Media Bureau's 2019 determination that fifteen licensees in eight television broadcast station groups (the "Licensees”) violated the Commission's per se good faith retransmission consent negotiating standards. The Commission's proposed penalty for those violations? $512,228 for each station—the statutory maximum. For more on how the FCC calculated that proposed forfeiture amount, please read the attached memo. * * * FCC Considering Major Overhaul of Application Fees, Including Substantial Changes to Those for Broadcast Services and Authorizations Broadcasters could see the first major overhaul to FCC application fees in over 30 years, according to a recent Notice of Proposed Rulemaking (the "Notice”). The Notice seeks comment on a new application fee schedule that—if adopted—would increase fees for many broadcast applications while simultaneously lowering fees for many other applications. Broadcasters and other interested parties will have the opportunity to comment on the Notice's proposals, with comments due 30 days after the Notice is published in the Federal Register, and reply comments due 45 days after such publication. Please open the attached memo to learn how many fees that broadcasters routinely pay would fare under the Notice's proposals.

Reg Fees -- C-Band Lump Sum Deadline -- RMLC/SESAC Agreement

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FCC Finalizes Regulatory Fee Amounts for Fiscal Year 2020; Payments Due by September 25, 2020 The FCC has finalized the regulatory fee amounts broadcasters will be required to pay for Fiscal Year 2020, according to a recently released Report and Order and Further Notice of Proposed Rulemaking. Despite sustained advocacy from NAB and others requesting that the Commission reconsider and lower the fees proposed for radio broadcasters, the FCC declined to meaningfully alter those fee amounts. To determine your station's FY 2020 reg fees, please open the attached memo. * * * C-band Lump Sum Elections Due September 14, 2020, for Qualifying Incumbent Earth Stations: Things to Consider When Deciding Whether or Not to Elect With less than two weeks until the Monday, September 14, 2020, deadline by which all registrants and licensees of qualifying incumbent earth stations must determine whether or not to elect lump sum reimbursement for the costs they will incur as part of the impending C-band transition, we wish to provide you with several important items you may wish to consider in making your decision. Please open the attached file for a list of key considerations you may wish to take into account in making your decision. * * * RMLC and SESAC Finalize New Radio Performance License Agreement; Eligible Commercial Radio Stations Must Opt-in by September 23, 2020 The Radio Music License Committee ("RMLC”) and the performing rights organization SESAC have reached an agreement regarding commercial radio station licensing and royalty rates for the musical works contained in SESAC's repertoire for the four-year period covering January 1, 2019, to December 31, 2022. Eligible commercial radio stations may opt-in to the agreement by Wednesday, September 23, 2020. Find out how to do so in the attached memo.

Reminders Edition! - Earth Stations - Fixed 6 GHz Links - Retrans/Must-Carry - LTPV/TV TX Digital Transition

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TOMORROW, July 16, 2020: Deadline to File Proposed Corrections and Comments on Preliminary List of C-band Incumbent Earth Stations We recently wrote to you with a very important "to-do” item for broadcasters with C-band (typically receive-only) earth stations. The FCC's International Bureau has released a Public Notice (the "Notice”) and a preliminary list (the "List”) of "incumbent” registered/licensed C-band earth stations in the contiguous United States that the Commission deems eligible for reimbursement of reasonable relocation costs incurred in the forthcoming C-band transition. At the same time, the FCC set a deadline of July 16, 2020 (i.e., tomorrow!) for earth station registrants/licensees to comment on the accuracy of the information contained in the List. As explained further below, this means that broadcasters must file any corrections to the List by tomorrow, July 16, 2020, or risk losing reimbursement for their transitioning earth stations. Please open the attached memo for more information. * * * July 27, 2020: Deadline to Verify Accuracy of Information for Fixed 6 GHz Links in ULS; New Rules Permitting Expanded Unlicensed Uses in 6 GHz Band Take Effect In addition to verifying information pertaining to C-band earth stations, broadcasters must also expeditiously verify the accuracy of the information in the Commission's Universal Licensing System ("ULS”) pertaining to broadcasters' fixed 6 GHz links. With the Commission's new rules permitting expanded unlicensed uses in the 6 GHz band set to take effect on July 27, 2020, broadcasters must review and—if necessary—update the information regarding their incumbent fixed 6 GHz links to help guard against harmful interference that may be caused by the new, expanded unlicensed operations. Please open the attached file to learn more. * * * July 31, 2020: Deadline to Upload Carriage Election Contact Information to OPIF Another important regulatory "to-do” item must be completed within the next two weeks: by July 31, 2020, broadcasters are required to upload to their online public inspection files (the "OPIF”) an up-to-date email address and phone number for carriage-related questions. The July 31, 2020, deadline was established by the Commission's recent changes to the retransmission consent/must-carry election rules and is designed to prepare stations for their upcoming triennial carriage elections, which must be made no later than October 1, 2020. For more on this, please open the attached memorandum. * * * One Year Warning: July 13, 2021 Deadline for LPTV and Television Translator Stations to Cease Analog Operations and Transition to Digital Operations By recent Public Notice (the "Notice”), the Media Bureau issued a reminder to low power TV ("LPTV”) and TV translator stations that there is only one year remaining until the July 13, 2021, digital transition date by which stations must terminate all analog television operations. All LPTV and TV Translator stations must terminate all analog television operations by 11:59 PM local time on July 13, 2021, regardless whether their digital facilities are yet operational. The Notice makes clear that no extensions or continuation of analog operations will be permitted past the July 13, 2021 deadline—stations that have not yet constructed a digital facility by the deadline must therefore remain silent until construction is completed. Please open the attached file to learn more.

Repack Reimbursement Deadlines -- NCE FM Station Filing Window -- 2020 Kid TV Report Form Available -- FCC Open Meeting Preview

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FCC Establishes Firm Deadlines by Which Eligible Stations Affected by Spectrum Repack Must Submit Reimbursement Invoices Looking ahead to late 2021 and 2022, the FCC recently issued a Public Notice establishing firm deadlines by which eligible broadcasters affected by the now-concluded spectrum repack must submit all remaining reimbursement invoices and other documentation. The deadlines vary based on stations' assigned transition Phases, as well as by type of broadcast service. For more information, please open the attached memo. * * * FCC Announces 2021 Filing Window for New NCE FM Station Applications; Proposes Limits on Number of Applications By recent Public Notice, the FCC has announced that an application filing window for new non-commercial educational FM stations in the reserved band (i.e., channels 201-220) will be opened sometime in 2021. The Notice directs the Media Bureau to issue a future Public Notice announcing "the specific dates of the 2021 window” and, in the meantime, seeks comment on the tentative conclusion that parties seeking to apply for new NCE FM stations in the reserved band should be limited to a maximum of 10 applications during the forthcoming filing window. Please open the attached information to learn more. * * * 2020 Annual Children's Programming Report Form Now Available; Filing Deadline February 1, 2021 The Media Bureau has announced that the Children's Television Programming Report form for the 2020 reporting period is now available in the FCC's licensing and management system ("LMS”). The 2020 report, which will be the first full annual report filed under the Commission's new Children's Television Programming Rules, is due to be filed by February 1, 2021. For more information, please open the attached memo. * * * Draft Report and Order Looks to Expand Video/Audio Description Requirements to DMAs 61-100 Over Next Four Years The Commission may soon expand the scope of its current video/audio description requirements to an additional 10 DMAs per year for the next four years, according to a Draft Report and Order set to be considered at the Commission's October 27, 2020, Open Meeting. If adopted, the Draft R&O also would modernize the terminology used in the Commission's rules by replacing "video description” with the term "audio description.” Please open the attached memo for more regarding the Draft Report and Order. * * * Draft Report and Order Would Expand Unlicensed Operations in TV White Spaces; Addresses Some Broadcaster Interference Concerns Another of the items set for consideration at the Commission's October 27, 2020, Open Meeting is a Draft Report and Order that, if adopted, would significantly expand the coverage area for unlicensed white space devices operating in the TV bands. Although the current version of the Draft R&O walks back some of the more-concerning proposals initially outlined in a March 2020 Notice of Proposed Rulemaking, the Draft R&O is still of significant interest to broadcasters, as the FCC's proposed increases in power and antenna height necessary to expand the coverage of such unlicensed white space operations have the potential to cause harmful interference to existing broadcast operations. Please read the attached memo for more regarding this important proceeding. * * * Draft Report and Order Set to Permit AM Stations to Voluntarily Transition to All-Digital Operations In what could be welcome news for AM broadcasters, the Commission is currently set to consider a Draft Report and Order that—if adopted—would provide AM broadcasters the opportunity to voluntarily transition to all-digital broadcasting. The Draft R&O follows a November 2019 Notice of Proposed Rulemaking addressing the issue, and marks the latest action taken in furtherance of the FCC's ongoing AM Revitalization proceeding. As indicated in the Draft R&O, the Commission appears to believe that enabling "all-digital service represents a significant and perhaps singular opportunity to preserve the AM service for future listeners.” Please open the attached document to learn more.

SCOTUS to Review Media Ownership Case -- FCC Keeps OVD/MVPD Classification Proceeding Open

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Supreme Court Will Review Third Circuit Decision Rejecting FCC's Latest Attempt to Relax Media Ownership Rules The Supreme Court has granted parallel requests by the FCC and the National Association of Broadcasters to review the Third Circuit's most recent reversal of the FCC's repeated attempts to modernize its local media ownership rules. Many industry members supported the request for Supreme Court review, including the Four Network Affiliates Associations, who together filed a joint brief with the Court requesting that it take up the FCC and NAB petitions for review. The fact that the Supreme Court granted review is, in and of itself, no small matter: The Court grants review in only approximately one percent of all cases. Now, it will likely be several more months before the parties submit their briefs addressing the merits of the case (rather than merely addressing reasons why the Supreme Court should, or should not, agree to review the Third Circuit decision). The case will then be argued before the Court, most likely early in 2021, and a decision will almost certainly be issued before the end of the Court's current Term in June of next year. For more information, please open the attached memo. * * * FCC Declines to Terminate Proceeding Seeking to Classify OVDS as MVPDs for Retransmission Consent Purposes In an important about-face, the Commission's Consumer and Governmental Affairs Bureau recently issued an Order declining to terminate an ongoing proceeding in which the Commission is considering whether to treat online video distributors ("OVDs,” also referred to as OTT services or "virtual” multichannel video programming distributors ("MVPDs”)) as MVPDs for purposes of retransmission consent. The Order walked back an initial Bureau determination that the docket was a potential candidate for termination as a so-called "dormant” proceeding. The Bureau's Order based its decision to keep the proceeding alive on comments submitted by the Four Network Affiliates Associations, which identified recent filings in the docket that indicated "ongoing communications with the Commission on the issues raised in the proceeding.” Please open the attached memo to learn more.

Special Update re Political Advertising -- New NAB PB-19 Forms Available

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** SPECIAL POLITICAL ADVERTISING UPDATE ** NAB'S NEW POLITICAL BROADCASTING "PB-19” FORMS NOW AVAILABLE As broadcasters are well aware, the FCC's rules require each station to maintain in the "political file” folder of its online public inspection file certain records concerning all requests for political broadcast time made by or on behalf of candidates and certain issue advertisers. The specific rules regarding recordkeeping (including the required content of the records) differ slightly depending on the nature of the purchaser of the advertisement and the subject of the advertisement. To help broadcasters comply with their political file recordkeeping obligations as the 2020 election cycle heats up, the National Association of Broadcasters has released an update to its long-standing political file recordkeeping forms. The new forms—which are referred to as the "PB 19” forms and replace the PB-18 forms—can be downloaded by NAB members for free. The PB-19 forms are also available for purchase by non-NAB members. In significantly updating its forms, the NAB's PB-19 forms represent an effort to streamline the forms and make them more user-friendly. To learn more about the PB-19 forms, including what's new about them, please open the attached memo.

The FCC's Multiple Ownership Rules -- Where Things Stand

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UPDATE ON FCC'S MULTIPLE OWNERSHIP RULES: "OLD” RULES BACK IN EFFECT FOR ASSIGNMENT, TRANSFER, AND LICENSE RENEWAL FILINGS; PENDING APPLICATIONS MUST BE UPDATED BY JANUARY 21, 2020 We write today with an update regarding where things stand in terms of the FCC's multiple ownership rules, as well as to highlight for you an upcoming deadline—January 21, 2020—by which certain pending assignment, transfer, and license renewal applications must be updated. You'll recall that one of the biggest FCC-related stories of 2019 centered around the Third Circuit Court of Appeals' decision to vacate and remand back to the Commission various multiple ownership rule changes and definitions that the Commission had established in its 2017 ownership Order on Reconsideration (and its 2018 Incubator Order). The Third Circuit's decision officially took effect in late November, and, just before Christmas, the FCC formally reinstated its 2016 multiple ownership rules—and repealed the rules that the Third Circuit's opinion vacated. So, exactly what multiple ownership rules are in effect as we speak? And what do you need to know? Please open the attached memo to find out.

TV Minor Mod Freeze Lift -- Foreign Sponsorship ID -- LMS Assignment & Transfer Applications

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November 27, 2020: FCC to Lift Freeze on Filing of Minor Modification Applications and Rulemaking Petitions for Certain TV Stations On Friday, November 27, 2020, the FCC's Media Bureau will lift the long-standing freeze on the filing of certain full-power and Class A television station minor modification applications and full power television station rulemaking petitions to amend the DTV Table of Allotments, according to a recent Public Notice. Please open the attached file for more information. * * * FCC Proposes Additional Identification Requirements for Broadcast Material Paid for or Provided By Foreign Governments and Their Representatives The FCC is seeking comment on its proposal to require specific, standardized disclosures relating to broadcast material paid for or provided by foreign governments and their representatives. The proposal would supplement the existing sponsorship identification requirements that are applicable to broadcasters. Please open the attached file for more information. * * * Slow Transition to LMS Filing Platform Continues: Assignment and Transfer of Control Applications Available in LMS on November 18, 2020 The FCC has announced that on Wednesday, November 18, 2020, applications for assignment and transfer of control of broadcast station licenses and construction permits will be available in the Commission's licensing and management system ("LMS”) and will no longer be available in CDBS. To learn more, please review the attached memo.

VA TV Stations Pre-Filing Announcements Waived -- Pai Thanks Broadcasters -- $20k Fine Proposed for EAS Violation

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Media Bureau Waives Requirement that VIRGINIA TV Stations Schedule and Air License Renewal Pre-filing Announcements In a recent Order, the Media Bureau waived the requirement that Virginia TV stations schedule and air pre license-renewal-application filing announcements. The Order waives the pre-filing announcement requirement for all "broadcast licensees whose licenses expire on October 1, 2020, with renewal applications to be filed by June 1, 2020”—and that group includes Virginia TV stations. For more information regarding how Virginia TV stations are impacted, please open the attached memo. * * * Chairman Pai Thanks Broadcasters for Their Response to COVID-19 Broadcasters' critical work as "first informers” during the COVID-19 pandemic has been nothing short of exceptional. You've run public service announcements on social distancing, launched special programming and expanded local news coverage, and partnered with local businesses to help bring financial relief to those who have suffered fallout from the economic impact caused by COVID-19, among other things. Television and radio stations' collective efforts to inform the public interest at this time of national emergency have reminded us all of the invaluable service you provide. And the Chairman of the FCC is among those appropriately singing your praises. Please open the attached memo to see what Chairman Pai had to say in thanking broadcasters for their ongoing public service. * * * $20,000 Fine Proposed for Station's Unauthorized One-Second Use of EAS Tone A Notice of Apparent Liability released last week serves as a reminder of the FCC's emphasis on the proper use of Emergency Alert System ("EAS”) tones, even amidst the COVID-19 pandemic. In the Notice, the Commission proposes a $20,000 fine for a station's unauthorized use of the EAS tone—even though the tone aired for just one second, one time, and on one station. That the Commission nonetheless proposed a $20,000 fine underscores its commitment to preserving "the unique alerting function of the EAS Tones” and, therefore, "to enforcing laws that prohibit the use of the Tones, or simulations of them, except for specific exceptions.” For more information, please open the attached file

VAB August 24 2020 Legal Memorandum -- Radio Renewal Post-Filing Announcement Certificate Upload Reminder

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We write to remind you that Virginia television stations: (1) should have aired their final post-license renewal application filing announcement on August 16, 2020; and (2) must place in their online public inspection file ("OPIF”) a statement certifying compliance with the FCC's license renewal post-filing announcement requirement by no later than TODAY, August 24, 2020. Please open the attached memo for more information.

VAB Legal Memo -- Deadline TODAY -- Virginia TV License Renewal Apps & Virginia TV and Radio EEO Annual Reports

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** VIRGINIA Television Station License Renewal Applications are DUE TODAY, June 1, 2020 ** By now, we hope that all Virginia television station licensees have filed—or are planning to file today—their license renewal applications. In addition to providing a final reminder regarding today's deadline for Virginia television stations to file their renewal applications and their EEO Program Reports (Schedule 396), we write to remind television broadcasters regarding the requirements to broadcast post-filing announcements (beginning today) and, if applicable, to publish post-filing announcements for their TV translator stations. For more information, please open the attached memo. * * * EEO Public File Reports Due June 1, 2020, for VIRGINIA Television and Radio Stations In addition, we write today with another reminder that both Virginia television AND radio stations with five or more full-time employees must upload their annual EEO Public File Report in their online public inspection file and post it to their website (if they have one) by today, June 1, 2020.

VAB Legal Memo -- Deadlines -- Kid TV Reports Due March 30 -- Virginia TV Pre-Filing Announcement April 1 -- April 10 Deadlines Remain in Place

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MARCH 30, 2020: Deadline for First Annual Children's Television Programming Report Filings We write to remind all television broadcasters that the deadline for filing the first annual Children's Television Programming Reports will be here in one week. The deadline is Monday, March 30, 2020 (and yes, you read that correctly—the deadline is not on the last day of the month). As of this writing, the FCC has not announced any extension or suspension of the deadline relating to the rapidly evolving circumstances surrounding COVID-19, so TV broadcasters should assume that the March 30, 2020, deadline will remain in place. (Of course, in the event that any such extension or suspension occurs we will notify you as soon as possible.) To learn more, please open the attached memo. * * * APRIL 1: First License Renewal Pre-Filing Announcement for VIRGINIA Television Stations Must Air Deadline reminder number two: At license renewal time, broadcast stations are required to air pre-filing (and post-filing) renewal announcements designed to alert viewers and listeners to the fact that the FCC will be considering their application for license renewal. We write today with a reminder for Virginia television stations that the first of the four license renewal pre-filing announcements must be broadcast on Wednesday, April 1, 2020. For more information, please open the attached file. * * * April 10, 2020, Is Still the Deadline for Upload of First Quarter Issues/Programs Lists for Radio and TV Stations, and Class A Continuing Eligibility Certifications And… two more deadline reminders! First, all full-power broadcasters (radio and television) should remember that Issues/Programs Lists for first quarter 2020 are due to be uploaded to the online public information file by April 10, 2020. The Commission's revisions to the children's television programming rules did not alter the longstanding requirement for each Issues/Programs List to be uploaded by the 10th day of the month immediately following the applicable calendar quarter. And, as with the March 30, 2020 deadline for the filing of the first annual children's television programming reports, as of this writing the Commission has not announced any extension or suspension of the first quarter 2020 Issues/Programs List upload date. Second, for Class A TV stations, the deadline for uploading Class A Eligibility Certifications to the online public file also remains April 10, 2020. This deadline did not change when the FCC revised its children's programming rules, and, as of this writing, the Commission has not announced any extension or suspension of the first quarter 2020 Class A Eligibility Certifications upload date, either. For more on these deadlines, please open the attached file.

VAB Legal Memo -- Reminder -- June 1 Deadline for Virginia TV License Renewal Apps & Virginia TV and Radio EEO Annual Reports

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** Important Television Station License Renewal Reminders ** June 1st is a big "deadline day” for Virginia broadcasters—especially television stations. Virginia Television Stations Must File License Renewal Applications and EEO Report Schedule 396 by June 1, 2020 We're getting down to the wire! This is a reminder that license renewal applications for Virginia television stations are due no later than June 1, 2020. Also due on June 1 for Virginia television stations, in conjunction with the license renewal application, is the Broadcast Equal Employment Opportunity Program Report on FCC Form 2100, Schedule 396 (formerly known as FCC Form 396). Please open the attached memo to learn more. * * * EEO Public File Reports Due June 1, 2020, for virginia Television and Radio Stations License renewal applications and the EEO Schedule 396 aren't the only filings due on June 1: Both Virginia television AND radio stations with five or more full-time employees must upload their annual EEO Public File Report in their online public inspection file and post it to their website (if they have one) by the same date, June 1, 2020. More details regarding the EEO annual reporting requirements can be found in the attached memo.

VAB Urgent Legal Alert -- Media Bureau Sending Radio Stations Proposed Consent Decrees -- Talk to Counsel If You Get One!

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Media Bureau Sending Proposed Consent Decrees to Many Radio Stations Just Days After Entering Into Consent Decrees with Six Large Radio Station Groups to Resolve Numerous Political File Violations We have learned that many radio broadcasters across the country whose recent license renewal applications have yet to be granted (or denied) have begun receiving correspondence from the Media Bureau, which correspondence includes a proposed consent decree (i.e., a settlement agreement) regarding purported political file violations for each licensee to review and consider. Based on the correspondence we have reviewed from the Media Bureau to numerous stations, it appears that the Media Bureau is targeting stations of all sizes that were not able to affirmatively certify in their license renewal applications full compliance with the Commission's political file recordkeeping rules during the preceding license term—including in cases where the station at issue has very few political advertising orders. First: To the extent your station has received such correspondence from the Media Bureau, PLEASE DO NOT RESPOND TO THE FCC AND ACCEPT THE TERMS OF THE PROPOSED CONSENT DECREE WITHOUT FIRST TALKING TO YOUR FCC LAWYER! Once you accept the terms of the "consent decree,” you will likely be on the hook for additional obligations, including the development, implementation, and execution of a compliance plan, and the filing of compliance reports with the FCC. For more information, please open the attached memo.

Video/Audio Description Rules - All-Digital AM Rules - SCOTUS/Prometheus Update - Kid TV Commercial Limits Fine

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January 1, 2021: FCC's Video/Audio Description Requirements Expand to DMAs 61-70 It's official: the FCC's recently adopted expansion of its video/audio description requirements will begin taking effect at the start of the new year, with the requirements initially extending to DMAs 61 through 70 on January 1, 2021. The expansion will then continue at a rate of 10 additional DMAs per year—on January 1st of 2022, 2023, and 2024—until DMAs 61 through 100 are all covered. (For those of you scratching your head at the term "audio description,” recall that the FCC recently formally replaced the term "video description” with "audio description” in all of its rules.) Please open the attached file for more information. * * * January 4, 2021: Effective Date for Majority of New All-Digital AM Broadcasting Rules The FCC has announced that the vast majority of its recently adopted rules permitting broadcasters to voluntarily transition to all-digital AM operations will take effect on January 4, 2021. Although several other related rules must undergo additional regulatory approval before AM broadcasters will be able to officially begin transitioning to all-digital operations, broadcasters may wish to begin considering the costs and benefits of voluntarily transitioning so that they can be "ahead of the curve” when the new rules take effect. The new rules were adopted in a late-October Report and Order, the stated intent of which is "improving and modernizing the AM radio service and thereby help[ing to] ensure the future of this important service.” For more details, please open the attached memo. * * * January 19, 2021: Supreme Court to Hear Argument over FCC's Latest Attempt to Relax Media Ownership Rules On January 19, 2021, the United States Supreme Court will hear oral argument on the dual bids by the NAB and FCC to allow the FCC's relaxed media ownership rules to take effect. There will be one hour of oral argument allotted for the consolidated cases (FCC v. Prometheus Radio Project and NAB v. Prometheus Radio Project), in which the Supreme Court will consider whether it was appropriate for the Third Circuit Court of Appeals to block the FCC's latest attempt to relax its local media ownership rules. To learn more about the status of the case, please review the attached memo. * * * FCC Proposes $20,000 Fine for Television Broadcaster's Failure to Comply with Children's Commercial Time Limits According to a recent Notice of Apparent Liability for Forfeiture, $20,000 is the price a Maryland TV licensee may have to pay for airing commercials for "Hot Wheels Super Ultimate Garage” play sets during eight broadcasts of the "Team Hot Wheels” television program. The Notice represents the first notable FCC enforcement action relating to commercial time limits in children's television programming in several years and is an important reminder of regulatory requirements during the license renewal cycle. Please open the attached file to learn more.

Virginia TV License Renewal Pre-Filing Announcements; Commercial Radio GMR Interim License Extension; White Spaces NPRM

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April 1: First License Renewal Pre-Filing Announcement for VIRGINIA TELEVISION Stations Must Air We write today with a reminder for Virginia television stations that the first of the four required license renewal pre-filing announcements must be broadcast on Wednesday, April 1, 2020. As you'll recall, at license renewal time, broadcast stations are required to air pre-filing (and post-filing) renewal announcements designed to alert viewers and listeners to the fact that the FCC will be considering their application for license renewal. Virginia television stations are required to air the mandatory four pre-filing announcements on April 1, April 16, May 1, and May 16, 2020. For more information regarding stations' obligations, please open the attached memo. * * * March 31: Commercial Radio Stations Must Act to Secure Interim License Extension from GMR We write with a deadline reminder for commercial radio stations. As you may recall from our legal memo earlier this month, performance rights organization Global Music Rights ("GMR”) has agreed to offer extensions for all interim licenses currently set to expire at the end of this month, on March 31, 2020. Commercial radio stations that have not heard from GMR and wish to extend should contact GMR directly for station-specific paperwork and complete and return the extended interim license to GMR by no later than March 31, 2020. Please open the attached file for more information regarding how to contact GMR if necessary. * * * More Space for White Space Devices? FCC Proposes New Rules for White Space Devices; Seeks to Balance Broadcaster Interests It's an understatement to say that there's been a lot going on lately, with all of us focused on the COVID-19 situation. Accordingly, we've been a bit slow to report on a recently released Notice of Proposed Rulemaking in which the Commission seeks to expand the coverage area for unlicensed white space devices operating in the TV bands. The Notice and its proposals are of significant interest to broadcasters, as the FCC's proposed increases in power and antenna height necessary to expand the coverage of such unlicensed white space operations have the potential to cause harmful interference to existing broadcast operations. To learn more, please review the attached memo.