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5/19/2009
The FCC’s Notice of Inquiry seeks answers to the controversial question raised by “broadcasters, media organizations and others” whether Arbitron is undercounting the audience for stations that air programming targeted to minority audiences, potentially harming the financial viability of those stations. At issue is Arbitron’s commercial use of equipment called the Portable People Meter (“PPM”), a mobile-phone-sized device that consumers wear throughout the day to track their radio listening. Arbitron has replaced the audience-based rating systems with PPM in certain markets and intends to replace audience-based diaries with PPM in the top 50 radio markets next year.

According to the FCC, while it has “a strong interest in encouraging innovative advancements that lead to improved information and data,” it nonetheless wants to know “whether and how the PPM technological changes adversely affect diversity on the airwaves as well as the integrity and reliability of the Commission’s processes that rely on Arbitron ratings data.”

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5/14/2009
The Commission has announced its proposed annual regulatory fees for Fiscal Year 2009. The final fee amounts and filing deadline will be announced in a Public Notice following consideration of Comments to be filed by June 4, 2009 and Reply Comments to be filed by June 11, 2009.

The proposed Annual Regulatory Fees for FY 2009 are projected to raise more than $341 million.

Commercial VHF television stations face the prospect of the following annual regulatory fee increases: in the top 10 markets, those stations will see their annual fee rise from $71,050 to $77,575, and in markets 11 to 25, the fee increases from $53,525 to $60,550. VHF construction permit fees will increase from $5,600 to $5,950 under the FCC’s proposal. Similarly, UHF television stations face fee increases: in the top 10 markets, those stations will see their annual fee rise from $21,225 to $24,250, and in markets 11 to 25, the fee increases from $19,475 to $21,525. UHF construction permit fees will increase from $1,800 to $1,950.

Consistent with past years, the FCC will not assess FY 2009 regulatory fees for both digital and analog licenses from a licensee in the process of transitioning from analog to digital. Stations that were broadcasting in both analog and digital on October 1, 2008 will be assessed FY 2009 regulatory fees for their analog licenses only. Stations that were broadcasting in digital only on October 1, 2008 will not be assessed regulatory fees for their digital license for FY 2009. Beginning in FY 2010, the FCC intends to begin collecting regulatory fees from digital television broadcasters.

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5/8/2009
On December 23, 2008, the FCC issued a Notice of Proposed Rulemaking proposing to create a new “replacement” digital television translator service.

Today, the FCC released a Report and Order creating that service, outlining the parameters of the new service, and setting forth application procedures. The purpose of the Digital Television Translator service is to permit full-power television stations to continue to provide service to viewers who have lost or will lose service as a result of a station’s digital transition. As a result, only the licensees of full-power television stations are eligible to apply, and the translators are to be used solely to serve a station’s analog loss areas created by the transition to digital. The FCC indicates that the service “is not intended for digital full-service stations to use in proposed digital service areas, where analog service did not formerly exist.”

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5/1/2009
As previously reported, the Short-term Analog Flash and Emergency Readiness Act (the “Analog Nightlight Act”) required the FCC to develop a program to permit continued analog television service for 30 days after the DTV transition, thereby permitting stations to provide emergency and DTV transition information to the public in analog.

The Commission has now issued a revised list of stations that are pre-approved to participate in the analog nightlight program, as well as listing stations that have notified the Commission of their intent to participate. A total of 825 stations in 202 markets are listed, including 354 stations and 11 markets that have already completed the DTV transition. The full list of these stations is attached.

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