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November 2006
On November 14, 2006, FCC Commissioner Adelstein issued a statement commending The Center for Media Democracy and Free Press for its continued study regarding video news releases (VNRs). The Commission has described VNRs as “essentially prepackaged news stories, that may use actors to play reporters and include suggested scripts to introduce the stories.” This advisory briefly outlines the current law regarding the broadcast of VNRs and alerts broadcasters to the need for caution in this area.

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November 2006
This Advisory provides a review of political broadcasting rules of the FCC.

In this Advisory, of particular note are new regulations imposed on political broadcasting by the Bipartisan Campaign Reform Act (“BCRA”) of 2002, popularly known as “McCain-Feingold.” BCRA contains several provisions that affect the way stations handle their political advertising. On December 10, 2003, the Supreme Court reviewed BCRA, and left intact all of the provisions of the law that apply to broadcasters.

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November 2006
On November 20, 2002, the FCC released a Second Report and Order and Third Notice of Proposed Rulemaking (the “Second R&O”) in which it adopted new equal employment opportunity rules and policies for broadcasters and for multi-channel video programming distributors (the “new EEO Rule”). A complete copy of the new EEO Rule as it relates to broadcasters is attached.

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November 2006
In an effort to reduce the risk of reversal by the United States Court of Appeals for the Second Circuit, the FCC successfully persuaded the Court to allow it to pull back and review four indecency decisions. Earlier this week, the FCC announced the outcome of that review. The “F-word” is still very problematic. A five-second delay mechanism may not be enough to establish a legal defense. There is a tip-of-the-hat toward the First Amendment in the context of news programs but only that. And the procedural hurdle that the FCC has thrown up against blanket indecency complaints is probably only a temporary setback for national organizations intent upon “cleaning up the airwaves.”

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By Kathryn R. Schmeltzer and Jarrett S. Taubman
November 2006
Sample questions include:

  • What is the source of the Commission’s authority to limit “obscene,” “indecent,” and “profane” program material?
  • What FCC regulations prohibit “obscene” or “indecent” program material?
  • What Commission regulations prohibit “profane” program material?
  • What about the First Amendment?
  • Why aren’t cable and satellite subject to the same regulations?

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By Kathryn R. Schmeltzer, Scott R. Flick, Lauren Lynch Flick and Paul A. Cicelski

October 2006
TV, Class A TV, LPTV and TV translator stations licensed to communities in New York and New Jersey should be receiving soon a postcard from the FCC reminding them that their license renewal applications must be filed by February 1, 2007.

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October 2006
Topics include:

  • FCC Fines Arizona Radio Station $8,000 for Violating the Commission’s Emergency Alert System Rules
  • FCC Finds Multiple Entities for Violating the Commission’s Antenna Structure Rules
  • FCC Fines Puerto Rico Radio Station $8,800 for Failing to Comply with the Terms of its License and for Violating the Commission’s Public Inspection File Rule

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October 2006
Annual DTV Ancillary/Supplementary Services Report for Commercial Digital Television Stations

Each commercial and noncommercial educational television broadcast station that has received its digital television license must file FCC Form 317 to report to the FCC whether its station provided ancillary or supplemental services at any time during the twelve-month period ending on the preceding September 30. Only licensed DTV stations must file. Those operating pursuant to Special Temporary Authority or Program Test Authority need not file. The FCC Form 317 is due by December 1, 2006. Electronic filing of FCC Form 317 is mandatory beginning November 1, 2006. Paper versions will not be accepted for filing after October 31, 2006 unless accompanied by an appropriate request for waiver.

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By Kathryn R. Schmeltzer and Tony Lin

October 2006
On September 29, 2006, the FCC released the Second Order on Reconsideration and Second Report and Order (hereafter “Second Order”) regarding the children’s television rules and policies it had established in 2004 but for which it had suspended implementation pending reconsideration. In the Second Order, the FCC rejected many of the petitions for reconsideration but adopted several changes to the 2004 rules that were requested by a coalition of broadcasters, programmers, and public interest groups in a “Joint Proposal” submitted earlier this year. The revised rules, which are discussed below, will take effect 60 days after publication in the Federal Register.

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By Kathryn R. Schmeltzer, Lauren Lynch Flick and Paul A. Cicelski

October 2006
Content of the Quarterly List

The next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ local Public Inspection Files by October 10, 2006, reflecting information for the months of July, August, and September.

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