Last week, we wrote about the impact of the FCC’s decision to standardize certifications from program buyers verifying that they are not representatives of foreign governments – and the accompanying decision to expand that requirement to political issue advertising and paid PSAs.  In that article, we noted the August 15 effective date for most of ..read more

Earlier this year, we posted updated guidelines about engaging in or accepting advertising or promotions that directly or indirectly allude to the Super Bowl without a license from the NFL or the Final Four Tournament without a license from the NCAA.  See here, here and here.  Now, it is time to think about these issues in the context of the 2024 Paris Olympics! The guidance from our prior blog posts addressed the following subjects, and offered warnings about conducting any of these activities when tied to any trademarked phrase referring to events like the Super Bowl or March Madne ..read more

Here are some of the regulatory developments of significance to broadcasters from this past week, with links to where you can go to find more information as to how these actions may affect your operations. The FCC’s Media Bureau announced that August 15 is the effective date of the FCC’s expanded foreign government sponsorship identification rules.  In a June Second Report and Order, the FCC expanded broadcasters’ existing obligations to verify whether lessees of program time on their stations are foreign governments or their agents (who have enhanced sponsorship identification requireme ..read more

Here are some of the regulatory developments of significance to broadcasters from this past week, with links to where you can go to find more information as to how these actions may affect your operations. The National Religious Broadcasters, American Family Association, and the Texas Association of Broadcasters jointly requested that the FCC stay the Form 395-B reporting requirement while the U.S. Court of Appeals reviews their petition for review of the FCC’s February Report and Order that reinstated the report.  As we wrote on our Broadcast Law Blog, the reinstated form will require b ..read more

Last week, the U.S. Supreme Court overturned the longstanding Chevron doctrine, which required courts to defer to expert regulatory agencies, like the FCC, when interpreting ambiguous statutes, unless the agency acted unreasonably.  Since the decision, we have seen all sorts of TV pundits predicting the end of “the administrative state” (presumably meaning the end of the many rules passed by administrative agencies like the FCC).  In the broadcast space, we’ve heard many suggest that this might mean that the broadcast ownership rules (most recently upheld by the FCC in thei ..read more

Here are some of the regulatory developments of significance to broadcasters from this past week, with links to where you can go to find more information as to how these actions may affect your operations. The U.S. Supreme Court overturned the longstanding Chevron doctrine, which required Courts to defer to expert regulatory agencies, like the FCC, when interpreting ambiguous statutes, unless the agency acted unreasonably.  If the agency’s interpretation of a law was a plausible one, under Chevron, that interpretation would stand even if a reviewing Court thought that there was a better ..read more

The lazy days of summer continue to provide little respite from the regulatory actions of importance to broadcasters.  This month brings quarterly requirements, including most importantly, the obligation to upload Quarterly Issues Programs Lists to a station’s online public file, and a number of comment deadlines in important FCC proceedings, as well as the opening of political windows in this major election year.  So, even if the beach chair is calling, remember to keep an eye on dates that can affect your stations.  The regulatory date that all full-power broadcasters should h ..read more

Last week, the FCC released its long-expected decision on foreign government sponsored programming.  As you will recall, in 2022, the FCC adopted rules that required enhanced sponsorship identifications when program time bought (or, in the FCC’s words, “leased”) on broadcast stations was sponsored by a foreign government or an agent of a foreign government.  In addition, it required broadcasters to verify whether program buyers were agents of foreign governments, both by getting certifications from program buyers as to whether they represented foreign governments and by checking a De ..read more

Here are some of the regulatory developments of significance to broadcasters from this past week, with links to where you can go to find more information as to how these actions may affect your operations. The FCC’s Media Bureau asked for comments on a petition for rulemaking proposing the creation of a new class of FM stations – Class A10.  These stations would operate with a power of up to 10,000 watts at no more than 100 meters height above average terrain.  Authorizing this new class of stations would require amending the minimum distance separation requirements for various clas ..read more

As we wrote in Sunday’s weekly summary of broadcast actions, last week was a very active one at the FCC.  The FCC released the texts of rulemaking proposals on annual regulatory fees and on new regulatory proposals for LPTV and TV translator stations.  The Commission also released orders reinstating rules prohibiting FM stations serving the same area from duplicating programming and rules imposing new verification requirements on broadcasters to assure that program time (and issue ads) that they sell are not purchased by representatives of foreign governments without enhanced public ..read more