By Kathryn R. Schmeltzer, Lauren Lynch Flick and Paul A. Cicelski
October 2006
The next Children’s Television Programming Report must be filed with the FCC and placed in stations’ local Public Inspection Files by October 10, 2006, reflecting programming aired during the months of July, August, and September.
By Kathryn R. Schmeltzer, Clifford M. Harrington and Richard R. Zaragoza
September 2006
FCC’s Office of Engineering and Technology Announces Schedule for Proceeding on Unlicensed Operation in the TV Broadcast Bands
As we reported earlier, on March 6, 2006, the FCC released an Order in Complaints Regarding Various Television Broadcasts Between February 2, 2002 and March 8, 2005, Notices of Apparent Liability and Memorandum Opinion and Order, FCC 06-17 (the “Omnibus Order”). After the release of the Order, Fox Television Stations, Inc. and CBS Broadcasting, Inc. filed a joint petition for review in the United States Court of Appeals for the Second Circuit and the ABC Television Network and Hearst-Argyle Television, Inc. filed a joint petition for review in the United States Court of Appeals for the D.C. Circuit which transferred the petition to the Second Circuit. The Second Circuit consolidated the petitions on June 14, 2006.
By Kathryn R. Schmeltzer, Scott R. Flick, Lauren Lynch Flick and Paul A. Cicelski
August 2006
TV, Class A TV, LPTV and TV translator stations licensed to communities in Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island and Vermont should be receiving soon a postcard from the FCC reminding them that their license renewal applications must be filed by December 1, 2006.
July 2006
On July 24, 2006, the FCC released the text of the Further Notice of Proposed Rule Making (“FNPRM”) in the broadcast ownership proceeding that was adopted at the FCC’s June 21, 2006 agenda meeting. The FNPRM encompasses a number of docketed rule makings – a 2006 quadrennial regulatory review, the 2002 biennial regulatory review, cross-ownership of broadcast stations and newspapers, and rules and policies concerning local ownership of television stations and radio stations in the same market including the definition of radio markets. Basically, the FNPRM seeks comment on how the Commission should address the issues raised by the opinion of the U.S. Court of Appeals for the Third Circuit in Prometheus Radio Project v. FCC, 373 F.3d 372, 382 (3d Cir. 2004), cert. denied, 125 S. Ct. 2902 (2005) (“Prometheus”); whether the media ownership rules are “necessary in the public interest as the result of competition;” and whether they should be changed in any way. Comments in the proceeding are due by September 22, 2006 and reply comments by November 21, 2006.
July 2006
This advisory is directed to television stations with locally-produced programming whose signals were carried by at least one cable system located outside the station’s DMA or by a satellite provider which provided service to at least one viewer outside the station’s DMA. You are eligible to file royalty claims for compensation with the United States Copyright Office in Washington, DC. These filings are due by July 31, 2006.
By Kathryn R. Schmeltzer, Lauren Lynch Flick and Paul A. Cicelski
July 2006
This Broadcast Station EEO Advisory is directed to radio and television stations licensed to communities in California, Illinois, North Carolina, South Carolina, and Wisconsin and highlights the upcoming deadlines for compliance with the FCC’s EEO rule.
By Kathryn R. Schmeltzer
June 2006
At its June 21, 2006 Open Agenda Meeting, the FCC adopted a Further Notice of Proposed Rule Making (“FNPRM”) concerning its broadcast multiple ownership rules and at the same time announced the beginning of its quadrennial ownership review required by Congress. The FNPRM has two purposes: (1) it seeks comment on how to address the issues raised by the Third Circuit Court of Appeals in Prometheus Radio Project, et al. v. FCC, 373 F. 3d 372 (3rd Cir. 2004), and (2) it opens a comprehensive review of all the FCC’s multiple ownership rules.
By Kathryn R. Schmeltzer, Lauren Lynch Flick and Paul A. Cicelski
June 2006
Statutory and Regulatory Requirements
As a result of the Children’s Television Act of 1990 and the FCC Rules adopted under the Act, full power and Class A television stations are required, among other things, to: (1) limit the amount of commercial matter aired during programs originally produced and broadcast for an audience of children 12 years of age and younger; and (2) air programming responsive to the educational and informational needs of children 16 years of age and younger. Each of these requirements translates into the obligation to prepare supporting documents on a quarterly basis.
By Kathryn R. Schmeltzer, Lauren Lynch Flick and Paul A. Cicelski
June 2006
Content of the Quarterly List
The next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ local Public Inspection Files by July 10, 2006, reflecting information for the months of April, May and June, 2006.
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.
February 2006
Notwithstanding the fact that it has been over 35 years since Congress banned cigarette ads from the airwaves, broadcasters continue to ask for advice on whether they may air certain types of tobacco-related advertisements. In fact, questions in this area of law appear to be on the increase. One reason is the proliferation of small, independent cigarette manufacturers resulting from the 1998 tobacco settlement. That settlement has caused the price of cigarettes to rise, thereby making it profitable for small companies to become cigarette manufacturers. Given the pressure that these manufacturers and their retail outlets are likely to place on broadcasters to help in promoting these new tobacco products, we offer the following Q&A to aid broadcasters in complying with tobacco advertising restrictions should they be asked by any company to air tobacco-related spots… article continues
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