The FCC is moving quickly to implement the Satellite Television Extension and Localism Act of 2010 (STELA). STELA is the latest law to extend and update the original Satellite Home Viewer Act of 1998, allowing direct to home satellite carriers to deliver the signals of local television stations to subscribers.…
Comm Law Center
Client Alert: FCC Sets August 31, 2010 Deadline for Payment of FY 2010 Annual Regulatory Fees
The FCC has announced that full payment of all applicable Regulatory Fees for Fiscal Year 2010 must be received no later than August 31, 2010. As mentioned in a July 9, 2010 Report and Order, the Commission will mail assessment notices to licensees/permittees reflecting payment obligations for FY 2010, but…
Senate Amends DISCLOSE Act to Delete Lowest Unit Charge Provisions
In my recent commentary on the Senate version of the DISCLOSE Act (Senate Disclose Act Bill Raises Serious Concerns For Broadcasters), I highlighted provisions related to the Lowest Unit Charge which had the potential to cause a very significant adverse impact on broadcast station revenues from federal election advertising. Senator…
Let Them Eat Fees: Broadcasters and the Spectrum Measurement and Policy Reform Act
At a recent presentation on legislative matters affecting the communications industry, I noted that broadcasters, while lately feeling much under siege, should not underestimate their part in the digital future. It is true that the government wants broadcasters’ spectrum (the National Broadband Plan), cable operators want broadcasters’ programming, ideally for…
Senate Disclose Act Bill Raises Serious Concerns For Broadcasters
Last month, the House of Representatives passed the DISCLOSE Act (“Democracy is Strengthened by Casting Light on Spending in Elections Act”), H.R. 5175. The bill responds to the decision of the U.S. Supreme Court in Citizens United v. Federal Election Commission which held that corporations (and presumably unions and other…
Indecency Ruling Changes the Game
In light of today’s decision by the US Court of Appeals for the Second Circuit invalidating the FCC’s indecency policy, it would be hard to justify writing about anything else. From my first days as a young lawyer screening programs before they were aired (I still remember assessing the legalities…
Bonus Spots, No Charge Spots, and the Lowest Unit Charge
We are frequently asked by broadcasters during the political season whether they are required to provide political candidates with free spot availabilities because they are running “free” or “no charge” spots for commercial advertisers. These spots, of course, are really not free at all. They have a cost, but it…
The National Broadband Plan’s Other Shoe Drops… on LPTV Applicants
One of many questions persisting since the release of the FCC’s National Broadband Plan has been “what is the impact on low power television stations?” Officially, the NBP’s call for repurposing television broadcast spectrum was not to affect LPTV stations, as the NBP indicated that LPTV stations would not be…
A Few More Twists on the FCC’s Long and Winding Road to Its New Ownership Report Form
The FCC announced in April 2009 its intent to implement a new version of its biennial Ownership Report form, and to require that all commercial broadcast stations file a new Ownership Report with the FCC by November 1 of odd-numbered years. Since that time, the FCC has had to delay…
Stop the Presses! Federal Trade Commission Does Not Support Taxes on Broadcasters and Others to Help “Reinvent” Newspapers After All?
Earlier this week, FTC Chairman Jon Leibowitz began the FTC’s final workshop concerning the future of media “How Will Journalism Survive the Internet Age?” by dismissing as a ” non-starter” any chance that his agency would recommend new taxes to support or “save” journalism. In advance of this workshop, the…