Legal File
FCC Grants Waiver of Certain Accessible Emergency Information Requirements
On May 26, 2023, the FCC released an order to extend for 18 months an existing waiver of the requirement that television broadcasters aurally describe visual but non-textual emergency information, such as maps or other graphic displays.
Read MoreJune Regulatory Dates for Broadcasters – EEO, Rulemaking Comments, AM Congressional Hearings, and More
Though school is out for many, the FCC does not take a summer recess. Instead, regulation continues. While the pace of new FCC regulatory issues for broadcasters has slowed, perhaps pending the confirmation of a new Commissioner and the return of the FCC to full strength, there are still regulatory matters in June worth watching. Some are routine, others look more to the future – but all are worth watching just the same.
Read MoreFCC Seeks Comments on Proposed Annual Regulatory Fees – Proposal Includes a Decrease in Fees To Be Paid By Broadcasters
In recent years, there has been significant debate over the amount of fees paid by broadcasters, with broadcast interests arguing that the FCC’s allocation of its workforce overestimated the number of employees working on broadcast matters. In the proposal released this week, the FCC appeared to agree, allocating to other industries the work done by certain employees who were at least partially counted against broadcasters in the past.
Read MoreReminder: EEO Reports Due June 1
Radio and television station employment units (SEUs) located in the District of Columbia, Virginia, West Virginia, Michigan, Ohio, Arizona, Idaho, Nevada, New Mexico, Utah, and Wyoming with five or more full-time employees must prepare by Thursday June 1, 2023, an annual EEO Public File Report (PFR). The report must be posted on the website belonging to each station in the SEU and uploaded to its online public inspection file at the Federal Communication Commission’s (FCC’s or Commission’s) website.
Read MoreFCC Repeals COVID-Era Accommodation that Allowed Broadcasters to Offer Businesses Free Advertising Time Without LUC Implications
On May 15, the FCC’s Media Bureau released a Public Notice announcing that it was repealing the COVID related guidance released in March 2020 that allowed broadcasters, local cable operators, and other media companies subject to the requirements that political candidates be offered Lowest Unit Rates during pre-election periods, to offer free advertising time to advertisers and other local businesses without those spots being considered in calculating the LUC during the periods that these spots were running.
Read MoreFCC Regulatory Fees May Be Going……Down!
InsideRadio reports that after four consecutive years of paying more in annual regulatory fees, the radio industry is in line for a rollback this year. Under a proposal drafted by the Federal Communications Commission, most stations would see their annual fee shrink by five percent – but some of the smallest stations could see a reduction of as much as 43%.
Read MoreReminder About Broadcasters’ FCC EEO Obligations After the April’s First 2023 Audit of Station Performance
We thought that we should post our customary article describing the audit requirements and the basics of the FCC EEO rules as a reminder to all stations as to their general FCC EEO obligations. The FCC has promised to randomly audit approximately 5% of all broadcast stations each year. As the response (and the audit letter itself) must be uploaded to the public file, it can be reviewed not only by the FCC, but also by anyone else with an internet connection anywhere, at any time.
Read MoreMay Regulatory Dates for Broadcasters – Rulemaking Comments on Various TV Issues and More
May is relatively light on scheduled regulatory deadlines for broadcasters, but the following dates are worthy of note. In addition, always remember to keep in touch with your legal and regulatory advisors to make sure that you don’t overlook any regulatory deadlines that are specific to your station.
Read MoreFCC Announces New Round of EEO Audits: 10 Michigan Stations on List
The Enforcement Bureau annually audits the EEO programs of randomly selected broadcast licensees. Each year, approximately five percent of all radio and television stations are selected for EEO audits.
Read MoreUsing AI to Replicate the Voice of a Celebrity – Watch Out for Legal Issues Including Violating the Right of Publicity
The advent of artificial intelligence poses interesting and often challenging legal issues because the law is still “catching up” with the technology. Consider the impact of new AI platforms that can learn a person’s voice, then speak whatever text you submit to it in that person’s voice.
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