Articles Posted in Television

March 2009
The next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ local public inspection files by April 10, 2009, reflecting information for the months of January, February, and March 2009. The FCC’s action adopting the new program report Form 355, which is intended to replace the Quarterly Issues/Programs Lists for full-power and Class A television stations, is not yet effective and thus will not have any effect on this first quarter public file requirement.

Content of the Quarterly List

The FCC requires each broadcast station to air a reasonable amount of programming responsive to significant community needs, issues, and problems as determined by the station. The FCC gives each station the discretion to determine which issues facing the community served by the station are the most significant and how best to respond to them in the station’s overall programming.

A PDF version of this entire article can be found at 2009 First Quarter Issues/Programs List Advisory for Broadcast Stations .

Published on: March 9, 2009

Broadcast Station EEO Advisory

March 2009
This Broadcast Station EEO Advisory is directed to radio and television stations licensed to communities in: Delaware, Indiana, Kentucky, Pennsylvania, Tennessee and Texas, and highlights the upcoming deadlines for compliance with the FCC’s EEO Rule.

April 1, 2009 is the deadline for stations licensed to communities in the States/Territories referenced above to place their Annual EEO Public File Report in the public inspection file and post the report on the station’s website, if applicable.

Under the FCC’s rule that became effective as of March 10, 2003, all radio and television station employment units (“SEUs”), regardless of staff size, must afford equal employment opportunity to all qualified persons and practice nondiscrimination in employment.

A PDF version of this entire article can be found at Broadcast Station EEO Advisory.

Published on: March 7, 2009

Biennial Ownership Reports Due By April 1, 2009, for Certain Radio and Television Broadcasters

March 2009
Commercial and noncommercial Radio stations licensed to communities in Texas must electronically file their Biennial Ownership Reports with the FCC by April 1, 2009. Commercial and noncommercial Television stations licensed to communities in the States of Delaware, Indiana, Kentucky, Pennsylvania, and Tennessee must also electronically file their Biennial Ownership Reports by the same deadline.
As radio and television stations in the same State/Territory file their renewals one year apart, broadcast stations in the above-referenced states which are not subject to the April 1, 2009, deadline will be required to file their Biennial Ownership Reports by April 1, 2010.

A PDF version of this entire article can be found at Biennial Ownership Reports Due By April 1, 2009, for Certain Radio and Television Broadcasters.

Published on: February 20, 2009

President Obama Signs DTV Delay Act Into Law

DTV Transition Date Officially Moved to June 12, 2009

February 2009
President Obama signed into law the DTV Delay Act that serves to move the digital television transition from February 17th to June 12th.
Irrespective of this delay, many stations will proceed with the termination of analog operation on February 17th. Additional information regarding the procedures for termination of analog service may be found in the group’s prior advisories on the subject, which may be accessed via the links provided below:

February 5th Advisory “FCC Issues Procedures Relating to Delay of DTV Transition to June 12, 2009” and the related February 6th supplement; and
February 10th Advisory “FCC Releases List of Stations that Intend to Terminate Analog Operation On or Before February 17, 2009”

A PDF version of this entire article can be found at President Obama Signs DTV Delay Act Into Law.

Published on: February 14, 2009

FCC Issues Order Extending February 17, 2009 Expiration Dates and Allowing Certain Stations to Withdraw February 9, 2009 Notices of Intent to Terminate Analog Operation

February 2009
On February 13, 2009, the FCC released a Report and Order implementing the DTV Delay Act. Pursuant to the Report and Order, the following authorizations are modified as noted:

Analog Television Licenses: expiration date extended from February 17, 2009, to June 12, 2009, (11:59:59 PM local time);
Post-Transition DTV Construction Permits: expiration date extended from February 17, 2009, to June 12, 2009, (11:59:59 PM local time);
Special Temporary Authority grants for analog reduction related to the DTV transition: expiration date extended from February 17, 2009 to June 12, 2009 (11:59:59 PM local time);
Special Temporary Authority grants for operation of pre-transition digital facilities at variance to pre-transition license or construction permit: expiration date extended from February 17, 2009 to June 12, 2009, (11:59:59 PM local time);
Authority to commence post-transition digital operation: moved from February 18, 2009 to June 13, 2009, (12:00 AM local time).

Published on: February 13, 2009

FCC Identifies Stations Which Must Undertake Additional DTV Transition-Related Information/Assistance Efforts in Order to Terminate Analog Service on February 17, 2009

February 2009
Pursuant to the FCC’s February 5th Public Notice, “Procedures Regarding Termination of Analog Television Service On or After February 17, 2009,” any station wishing to early terminate analog operation was required to notify the FCC no later than February 9th. On February 10, the FCC released a list of the 491 stations that had filed this notification indicating their intent to terminate analog operations on February 17th. Yesterday evening, February 11th, the FCC announced that 123 of these stations will be required to undertake supplemental public interest initiatives in order to proceed with analog termination on February 17th. A copy of this list is attached.

As outlined in the attached Public Notice, any station listed that wishes to proceed with analog termination on February 17th must file a “Certification/Alternate Showing: Analog termination on February 17, 2009” form with the FCC no later than 6:00 EST Friday, February 13th representing that a number of additional DTV-related information/assistance efforts will be undertaken. Stations that certify to these conditions will be permitted to cease analog operation without receiving any additional authorization from the FCC.

Published on: February 6, 2009

Supplement to February 5th Advisory Entitled “FCC Issues Procedures Relating to Delay of DTV Transition to June 12, 2009”

2/6/2009
Members of our Communications Group sought and received clarification from the FCC staff regarding ambiguities in the FCC’s February 5th Public Notice on Procedures Regarding Termination of Analog Television Service On or After February 17, 2009.

Published on: February 5, 2009

FCC Issues Procedures Relating to Delay of DTV Transition to June 12, 2009

2/5/2009
Stations seeking to end analog operations on or before February 17, 2009 must file a NEW notice with the FCC not later than Monday, February 9, and air certain required viewer notifications.

Published on: January 27, 2009

Digital TV’s Big Deadline, or Delay?

A Q&A with Pillsbury’s Lauren Lynch Flick

1/27/2009
Consumer advocates want to push back the February 17, 2009 jump to digital broadcasting, but an extension may do more to simply postpone feared disruptions than prevent them.

Next to the Internet, perhaps no consumer technology platform is evolving faster than television. For more than a generation, channel surfing was a relatively simple decision from a service standpoint. Analog broadcasts dated back to the 1940’s, while competing cable and satellite-based subscription services gained popularity in the ensuing decades. Today, these traditional choices are being revamped by the growing popularity of more sophisticated high definition (HD) TV equipment and myriad set-top receiver options from service providers and consumer electronics manufacturers that provide greater access and control over content. Yet, just as the nation is poised to embrace a major step forward in the evolution of over-the-air television, concerns for the nation’s readiness to do so threaten the government’s long-standing proposal to terminate analog broadcasts in favor of digital television (DTV) on February 17, 2009.

Already implemented in regional test markets, this massive digital “switchover” has revealed several important lessons and issues unanticipated by consumers. In this Q&A, Pillsbury Communications law partner Lauren Lynch Flick answers persistent questions consumers have regarding how they can stay informed and tuned-in.

Q: Let’s start with the big switch to digital TV signals, who does this affect and why is it happening?

A: In short, many of the frequencies, or channels, that broadcasters use today for the free, “over the air” television stations that we are all familiar with and used to being able to receive, are being reallocated for public safety, such as assuring that police and fire crews can communicate with one another on the same frequencies in an emergency, as well as for new wireless services by phone and data carriers. In the past year, the Federal Communications Commission (FCC) auctioned these old analog TV frequencies off to the highest bidding companies in anticipation of television broadcasters vacating the channels by the Congressionally-mandated deadline of February 17, 2009.

The switch to newer, digital TV (DTV) signals allows broadcasters to provide viewers with additional programming streams, as well as greatly increased picture and sound quality. Nevertheless, the challenge of making sure that all households, especially those with older sets, can receive the new signals, is daunting.