Legal Memorandums 2022

2022 EAS NPT Update -- New Comment Period for FM Booster Geo-targeting -- LMS Updates -- Enforcement Action for Unauthorized Transfer of Control

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No Current Plans to Conduct 2022 National EAS Test, According to FEMA A representative of the Federal Emergency Management Agency ("FEMA”) announced at the recent NAB Show that the agency plans to forego this year's national periodic test of the Emergency Alert System ("EAS”). A formal announcement from FEMA is expected in the coming days; in the interim, we have reached out to a FEMA source who informally confirmed the cancellation plans and clarified some details. Despite the apparent likelihood that there will not be a 2022 national EAS test, it is still possible that broadcasters may have to file EAS Form One pursuant to the FCC's rules. Please open the attached memorandum for more information. ___________________________ New Comment Period Announced for FM Booster Geo-targeting Proposal The FCC recently reopened for comments a 2020 proposal to allow radio broadcasters to use FM booster stations to air "geo-targeted” content—independent of their primary stations—in certain limited circumstances. Although the broadcast industry largely opposed the proposal during the last comment window on this issue (which closed in early 2021), the FCC's Media Bureau has indicated that reopening a brief comment period on the proposal is warranted to address several recent technical filings in the docket. Please open the attached memorandum for more information. ___________________________ LMS Updates: New Applications Soon Available; Video Division Chief Urges Broadcasters to Review Contact Information in LMS The Media Bureau has announced that beginning on May 17, 2022, a number of additional filings will be supported by the Commission's Licensing and Management System ("LMS”). As we previously reported, the Commission's transition to LMS from its older Consolidated Database System ("CDBS”) has been accelerating; after January 12, 2022, online filings were no longer accepted through CDBS, though certain types of applications remained housed in the legacy system. As a result, applicants have been required to make some filings by mail or email until the transition to LMS could be completed. Please open the attached memorandum for more information. ___________________________ FM Station Licensee Agrees to Pay $4K For Unauthorized Transfer of Control, Failure to File Biennial Ownership Reports A recent Order and Consent Decree (the "Consent Decree”)—and a $4,000 penalty for the licensee subject thereto—serve as a salient reminder to broadcasters of the importance of seeking (and receiving!) FCC approval for any transfer of station control. The Consent Decree also underscores the fact that the Commission is unlikely to accept "inadvertence” or "accidental” as complete defenses for behavior that violates the agency's Rules. Please open the attached memorandum for more information.

2022 Regulatory Calendar

Breaking News -- FCC Releases FY 2022 Regulatory Fees Order

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FCC Issues Order on FY 2022 Regulatory Fees This afternoon, Friday, September 2, the Commission released its Report and Order and Notice of Inquiry adopting a schedule of regulatory fees for the current fiscal year—i.e., Fiscal Year 2022—to be collected by the end of September 2022. As you'll recall, the Commission's proposed FY 2022 regulatory fees (which were released in June) contemplated a fee increase of approximately 13% year-over-year for radio and television stations. NAB, State Broadcaster Associations, other broadcasters, and even Members of Congress have advocated aggressively against those proposed fees in recent months, arguing that the proposed, large, year-over-year increase is inappropriate and cannot be justified. Based on our initial review of the Order, it appears that the Commission has adopted FY 2022 regulatory fees for both radio and television licensees that are indeed higher than the FY 2021 regulatory fees—but that are lower than the approximately 13% fee increase that the Commission initially proposed. In other words, it would appear that broadcasters' advocacy was at least somewhat successful. We are still reviewing the Order, and we will provide additional information in the coming days, including information regarding the actual FY 2022 reg fees payment due date (which the Commission typically announces in the days following release of the Order). Please open the attached memorandum for more information.

EAS Changes -- 12.7 GHz NOI -- NAB Petition re FM Digital -- DOJ Revised Legal Process Rules -- TV Cleanup Dockets

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EAS Updates: FCC Sets Compliance Deadline for CAP Priority and New Text; Seeks Comment on Rule Changes to Improve EAS Operational Readiness and Cybersecurity   The Commission continues to adopt and propose new rules regarding the Emergency Alert System ("EAS”), generally focused on improving the existing system and ensuring its operational readiness. The latest FCC actions directly affecting broadcasters are: (1) the announcement of December 12, 2023, as the compliance deadline for implementation of the recently adopted "CAP priority mandate” and new EAS text requirements; and (2) a Notice of Proposed Rulemaking proposing various rule changes designed to improve EAS operational readiness and cybersecurity.   Please open the attached memorandum for more information. ___________________________   FCC Seeks Comment on Repurposing 12.7 GHz Band, Extends Freeze on Most 12.7 GHz License Applications   As FCC Chairwoman Rosenworcel previously forecast in comments earlier this year, the Commission has now formally adopted a Notice of Inquiry (the "NOI”) to explore "expanding” the use of the 12.7-13.25 GHz spectrum band (the "12.7 GHz Band”), particularly for new and developing mobile broadband use. At the same time, the FCC extended a filing freeze (the "Freeze”) on most applications for new or modified licenses in the 12.7 GHz Band. The NOI and Freeze come against the backdrop of the FCC's continued search for mid-band spectrum to repurpose for 5G and future wireless services, and at a time when the C-band relocation—which was the last FCC target for 5G repurposing—is approximately one year away from the final accelerated clearing deadline.   Please open the attached memorandum for more information. ___________________________   NAB and Xperi Ask FCC to Permit Increased FM Digital Power Output   At the end of October, NAB and Xperi Inc. jointly filed a Petition for Rulemaking (the "Petition”) advocating for the FCC to initiate a rulemaking to amend its current rules governing in-band/on-channel ("IBOC”) digital radio broadcasting. Fundamentally, the Petition seeks to (1) make more generous the formula currently used to determine the FM power levels of certain digital stations and (2) provide blanket authorization for digital FM radio stations to use asymmetrical sidebands.   Please open the attached memorandum for more information. ___________________________   DOJ Adopts Regulations Aimed at Protecting Journalists from DOJ-Initiated Compulsory Process   The Department of Justice ("DOJ”) recently announced new regulations (the "Regulations”) aimed at prohibiting, with limited exceptions, DOJ use of compulsory legal process against members of the news media, particularly when acting within the scope of newsgathering. Based on the recognition that a "free and independent press is vital to the functioning of our democracy,” the new Regulations formalize the DOJ's existing policy to protect members of the news media acting within the scope of newsgathering from, among other things, DOJ-initiated subpoenas, search warrants, and certain court orders. The Regulations also amend existing DOJ policy regarding questioning, arresting, and charging members of the news media.   Please open the attached memorandum for more information. ___________________________   FCC Works Toward Streamlining TV Technical Rules   Over the last several months the FCC has been taking steps in an "ongoing effort to ensure that its rules are current,” particularly as applied to TV broadcasters. First, in late summer the Commission released an Order and Sixth Notice of Proposed Rulemaking to make various—and propose other—changes in Part 74 of the FCC's rules for low power television ("LPTV”) and TV translator stations (the "July Order” and the "July Notice”); the FCC then released a similar Notice of Proposed Rulemaking in September concerning changes to Part 73 of the rules governing full power and Class A stations (the "September Notice”) (collectively with the July Notice, the "Notices”).   Please open the attached memorandum for more information.

EAS Vulnerability -- FEC Online Political Disclosures -- FCC Nielsen Effective Date -- FTC Deceptive Ad Action

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CISA Identifies Security Vulnerabilities in DASDEC EAS Devices; PSHSB Recommends Broadcaster Precautions   Last week, the FCC's Public Safety and Homeland Security Bureau ("PSHSB”) notified many EAS participants (including many broadcasters) of two security vulnerabilities in DASDEC EAS encoder/decoder devices. The vulnerabilities were disclosed in a recent advisory issued by the Cybersecurity and Infrastructure Security Agency ("CISA”), which explains that if the identified vulnerabilities were to be exploited by malicious actors, it could "result in false alerts being issued to broadcast or cable sites that are immediately connected to the compromised system.”   Please open the attached memorandum for more information, including PSHSB's recommended actions for broadcasters. ___________________________   New FEC Digital Political Ad Disclosure Requirements Will Affect 2024 Election Cycle   With the 2022 election cycle behind us, it is already time to start looking ahead to the 2024 election cycle (which will get underway in 2023). Of course, broadcasters in various jurisdictions must also prepare for some state and local election activity during 2023, and special elections for federal offices (due to death or resignation) can arise at any time. Consequently, even in an "off” year like 2023, broadcasters cannot let down their guard with respect to the myriad legal requirements applicable to political programming and advertising. And although stations should already be well-versed in the FCC's rules regarding political file recordkeeping and on-air political advertising disclosures, a recent Federal Election Commission ("FEC”) decision warrants attention for digital political ads. Specifically, the FEC has adopted a new final rule governing Internet Communication Disclaimers to provide entities that pay to place digital political advertisements—including on digital platforms operated by broadcasters—with a more suitable FEC regulatory framework.   Please open the attached memorandum for more information. ___________________________   January 6, 2023, Effective Date Announced for FCC Transition to Nielsen Local TV Station Information Report for DMA Carriage Determinations   The Commission has announced a January 6, 2023, effective date for the rules adopted in a recent Report and Order updating FCC references to a new Nielsen publication—the Local TV Station Information Report—in place of two now-retired ones. Broadcasters, including the Big Four Network Affiliates Associations, unanimously endorsed the FCC's proposed ministerial updates.   Please open the attached memorandum for more information. ___________________________   Large Radio Group Faces Likely $400,000 Settlement in Response to FTC and State Complaints of Deceptive On-Air Endorsements   According to a recent FTC press release, a large media ownership group (the "Radio Group”) and large technology company (the "Advertiser,” and together with the Radio Group, the "Parties”) are facing significant penalties—totaling $9.4 million—in response to an investigation and complaints filed by the Federal Trade Commission ("FTC”) and several state attorneys general relating to deceptive on-air endorsements. Various publicly available FTC documents allege that the Parties worked together to air nearly 29,000 deceptive endorsements by on-air radio personalities promoting their use of and experience with a particular model of the Advertiser's smartphones despite never having actually owned or used the phone.   Please open the attached memorandum for more information.

EEO Public File Reports Due June 1, 2022 -- Inactive Earth Stations -- State of Communications Marketplace -- State EAS Plan Filings

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ONE-WEEK COUNTDOWN: June 1, 2022: EEO Public File Reports Due for Virginia Radio and Television Stations By June 1, 2022—i.e., only one week from today!—all Virginia radio AND television stations must upload their annual EEO Public File Report (covering the period of June 1, 2021, to May 31, 2022) to their online public inspection file and post it to their website (if they have one). Recall that, for purposes of the FCC's EEO rules, a "full-time” employee is one who works 30 or more hours per week. Please open the attached memorandum for more information. ___________________________ International Bureau Releases Updated List of Purportedly Inactive and Non‑Operational C-Band Earth Stations As reimbursement funds continue to flow to broadcasters with qualifying, incumbent C‑band earth stations (e.g., C-band downlink dishes) affected by the ongoing C-band transition, the FCC's International Bureau recently released an updated list of incumbent C-band earth stations that "may be inactive or otherwise not operational.” Broadcasters with earth stations appearing on the List must take action by August 10, 2022, or risk losing their earth station authorization and incumbent status (including entitlement to reimbursement for any earth stations appearing on the list). For further information and context, please open the attached memorandum. ___________________________ FCC Seeks Comment on the State of Competition in the Communications Marketplace The FCC is requesting broad input from industry stakeholders, the public, and other interested parties about the current state of competition in the communications marketplace. As you may recall, Congress requires the Commission to publish a "Communications Marketplace Report” (the "Report”) in the last quarter of every even-numbered calendar year. The Commission recently issued a Public Notice (the "Notice”) seeking input for use in its 2022 Report. Comments on the Notice are due July 1, 2022, with reply comments due August 1, 2022. Please open the attached memorandum for more information. ___________________________ July 5, 2022: Deadline for State SECCs to File State EAS Plans By July 5, 2022, each state's State Emergency Communication Committee ("SECC”) must file its state's EAS ("Emergency Alert System”) Plan in the FCC's new "Alert Reporting System.” As broadcasters may recall, among other things each state's EAS Plan provides the FCC and other EAS stakeholders with core operational characteristics regarding how EAS alerts are disseminated and received within each particular state. Accordingly, it is important for broadcasters to be aware of those aspects of their state's EAS Plan that affect broadcast operations, such as each broadcaster's given monitoring assignments—i.e., the particular stations a broadcaster must set its EAS equipment to monitor in the event of an EAS alert disseminated by the legacy, daisy-chain method of EAS alerting. Please open the attached memorandum for more information.

FCC Announces Second Round of 2022 EEO Audits -- September 6th: Final Repack Reimbursement Deadline

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Commission Announces Second Round of 2022 EEO Audits; Responses Due by October 7, 2022 Approximately 128 radio stations, 19 TV stations, and their corresponding employment units will be part of the FCC's second batch of EEO ("equal employment opportunity”) audits of 2022, according to a recent Public Notice (the "Notice”). The Commission has already begun mailing audit letters to the selected stations; those stations must upload their audit responses by October 7, 2022 to their online public inspection files ("OPIF”). Please open the attached memorandum for more information. ___________________________ SEPTEMBER 6, 2022: Deadline for All Remaining Repack Reimbursement Invoice Submissions (Including FM, LPTV, and TV Translator Stations) As of this writing, we're approximately two weeks away from the Tuesday, September 6, 2022, deadline for all remaining repack reimbursement invoice submissions. (As you likely recall, two other repack reimbursement deadlines have already come and gone for the vast majority of broadcasters repacked in Phases 0-10.) Entities most likely to have remaining reimbursement invoices include FM, LPTV, and TV translator stations, although the September 6, 2022, deadline may also affect some full-power broadcasters who received an extension beyond the reimbursement submission deadline set for their assigned transition phase (as well as MVPDs). Please open the attached memorandum for more information.

FCC Issues NPRM for FY 2022 Regulatory Fees

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FCC ISSUES NOTICE OF PROPOSED RULEMAKING ON FY 2022 REGULATORY FEES Late last week, the Commission released its annual Notice of Proposed Rulemaking (the "Notice”) contemplating proposed regulatory fees for the current fiscal year—i.e., Fiscal Year 2022 ("FY 2022”). Although the Notice seeks comment on multiple different issues, naturally the most significant item on which broadcasters may wish to comment is the FCC's proposed regulatory fee schedule for FY 2022. If adopted in its current form, the proposed regulatory fee schedule would increase both radio and television regulatory fee payments as compared to the last several years. The Commission is also seeking comment on a number of other issues of note, including: (1) the methodology for calculating television broadcaster fees based on population; (2) whether to increase the annual de minimis threshold; and (3) whether to adopt any new regulatory fee categories. Please open the attached memorandum for more information.

FCC Proposes Changes to Foreign Sponsorship ID Rules -- GMR Sues Radio Groups -- FCC Adopts EAS Changes; Considering More

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FCC Proposes New Foreign Sponsorship ID Certifications, Seeks Additional Comment on Distinction Between Advertising and Leased Programming The Commission recently unanimously adopted and released a Second Notice of Proposed Rulemaking (the "Notice”) proposing new compliance requirements related to the Commission's foreign sponsorship identification rules. The Notice comes on the heels of the Court of Appeals for the District of Columbia Circuit's decision in NAB v. FCC, in which the National Association of Broadcasters and others successfully challenged one of the mandatory due diligence requirements imposed on broadcasters under the original version of the rules. The Notice "seeks to fortify the rules in the wake of the court's decision,” and therefore proposes new mandatory certification requirements for both broadcasters and lessees of broadcast airtime. The Notice also solicits comment on a pending Petition for Clarification as to the scope of programming arrangements subject to the foreign sponsorship identification rules. Please open the attached memorandum for more information. ___________________________ Global Music Rights Sues Three Radio Groups for Copyright Infringement In recent weeks, performing rights organization ("PRO”) Global Music Rights ("GMR”) filed lawsuits against three radio groups, claiming the groups have infringed on copyrights administered by GMR by playing music without the requisite public performance license. Commercial broadcasters have long been required to obtain licenses from PROs—such as ASCAP, BMI, and SESAC—in order to play recordings that embody musical compositions administered by the PRO (note, however, that comparable royalty rates for noncommercial broadcasters' over-the-air broadcasting are set by the Copyright Royalty Board and not through independent licenses with PROs). These lawsuits appear to indicate that GMR is continuing to be vigilant in monitoring and taking action against stations GMR believes to be infringing on its clients' rights. Please open the attached memorandum for more information. ___________________________ Commission Adopts Changes to Emergency Alert System; Appears Likely to Adopt New Cybersecurity NPRM The FCC recently released a Report and Order adopting a number of changes to the way broadcasters (along with all participants in the Emergency Alert System) will disseminate emergency alert messages to the public, as well as the content contained in those alert messages. As the rules go into effect, broadcasters will need to adjust their practices for receiving and distributing emergency alerts. Please open the attached memorandum for more information, as well as information regarding the Commission's next potential EAS rulemaking.

FCC's CDBS Filing Platform Set to Sunset at 5:00 PM ET, TODAY

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FCC's CDBS Filing Platform to Sunset at 5:00 PM, ET, TODAY, JANUARY 12, 2022; Broadcasters Must Follow Alternate Filing Procedures In a Public Notice (the "Notice”) issued late yesterday, the FCC's Media Bureau announced that it will be "sunsetting” the Consolidated Database System's ("CDBS”) filing functionality today, Wednesday, January 12, 2022, at 5:00 PM, EST. Accordingly, as of 5:00 PM today, broadcasters will no longer be able to file any applications in the FCC's CDBS filing platform. As a result, today's CDBS filing sunset means that for the time being broadcasters will need to file certain applications and pleadings using interim, email procedures.

First Round of 2022 EEO Audits Announced -- Deadline for Repack Reimbursement Phases 6-10 -- C-band Appeal Resolution Procedures

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Commission Announces First Round of 2022 EEO Audits; Responses Due by May 5, 2022 Approximately 200 radio stations, 80 TV stations, and their corresponding employment units will be part of the FCC's first batch of EEO ("equal employment opportunity”) audits of 2022, according to a Public Notice issued yesterday. The Commission has already begun mailing audit letters to the selected stations; those stations must upload their audit responses by May 5, 2022 to their online public inspection files. Please open the attached memorandum for more information. ___________________________ TODAY, March 22, 2022: Deadline for Reimbursement Submissions for Stations Repacked in Phases 6-10 Today, March 22, 2022, is the reimbursement invoice submission deadline for all broadcasters who were assigned to repack Phases 6-10 and who are eligible for reimbursement as part of the now-concluded spectrum repack. Please open the attached memorandum for more information. ___________________________ Procedures Announced for Appeals of Relocation Payment Clearinghouse C-band Reimbursement Decisions By Public Notice (the "Notice”) the FCC's Wireless Telecommunications Bureau has announced procedures applicable to those who wish to appeal a reimbursement decision made by the Relocation Payment Clearinghouse (the "RPC”) as part of the ongoing C-band relocation process. Various timing and other procedural requirements apply such that any broadcaster considering an appeal should, upon receiving a C-band reimbursement determination by the RPC, consult with counsel and also carefully and promptly review the Notice in its entirety. Please open the attached memorandum for more information.

Important FCC Political Advertising Decision -- What Broadcasters Can Learn

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Political Advertising Decision: FCC Upholds Station Determination That Write-In Federal Candidate Was Not "Legally Qualified” and Was Not Eligible for "Reasonable Access” As an already-busy primary elections season heats up, earlier this week, the FCC issued a Memorandum Opinion and Order regarding its political advertising rules, in which the Commission clarified a broadcast licensee's obligations and duties with regard to a write-in candidate's right to reasonable access to the airwaves. In contrast to the Commission's many enforcement actions related to political advertising in recent years, in this Order the FCC demonstrated a willingness to support broadcasters in their efforts to comply with political advertising rules. Please open the attached memo for more on the FCC's decision and key "takeaways” for all broadcasters during this Midterm Election year.

Kids Reports, Commercial Time Limits Certifications, and GMR License Agreement -- March 22: Repack Reimbursement for Phases 6-10

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January 31, 2022: Annual Children's Television Programming Reports and Commercial Time Limits Certifications Due We write to remind commercial full-power and Class A television broadcasters that the deadline for filing their annual Children's Television Programming Reports and Commercial Time Limits Certifications will be here in less than one week. The deadline to file and/or upload each is Monday, January 31, 2022 (typically, the annual deadline falls on January 30th; however, because January 30, 2022, falls on a Sunday, the deadline is extended by FCC rule until the next business day). Please open the attached memorandum for more information. ___________________________ January 31, 2022: Deadline for Commercial Radio Stations to Sign and Return Conditional GMR License Agreement Commercial radio broadcasters have less than one week left to decide whether they wish to sign and return the conditional license agreement that Global Music Rights ("GMR”) transmitted to stations several weeks ago. If a sufficient number of commercial radio stations sign and return the agreement by the January 31, 2022, deadline, the agreements appear likely to take effect and the long-pending litigation between the Radio Music License Committee ("RMLC”) and GMR appears likely to be settled. Please review the attached memorandum for more information. ___________________________ March 22, 2022: Two-Month Warning! Repack Reimbursement Submissions for Phases 6 to 10 Due by March 22, 2022 By recent Public Notice, the FCC has reminded all full-power and Class A TV stations of the forthcoming March 22, 2022, reimbursement submission deadline for stations assigned transition completion dates in phases 6 to 10 of the now-concluded spectrum repack. Please read the attached memorandum for more information.

New Foreign Sponsorship ID Rules Take Effect TODAY!

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New FCC Foreign Sponsorship ID Rules Take Effect TODAY, March 15, 2022; Litigation Regarding Rules Remains Pending The FCC's new foreign sponsorship ID rules—which were formally adopted by a Report and Order (the "Order”) nearly a year ago—were finally approved via publication in the Federal Register today, March 15, 2022. Pursuant to the terms of the Order, today's publication triggers the effective date of the rules. Put differently, compliance with the new foreign sponsorship ID rules is required starting today, March 15, 2022. Importantly, although litigation brought by NAB and others to overturn the new rules remains pending, we are still likely months away from a decision in that case. Broadcasters must therefore begin to comply with the new rules immediately.

Political File Rule Modifications -- White Spaces -- EAS NPT Report -- EAS NPRM and NOI

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Commission Adopts Minor Changes to Political Programming Rules As part of the FCC's agenda for its January 2022 open meeting, the Commission adopted a Report and Order revising several of its political programming rules in relatively minor ways. The revisions generally reflect preexisting station practices that simply hadn't yet been formally written into the FCC's rules. The areas targeted by the FCC's recent rule revisions are stations' recordkeeping practices and the criteria relevant to whether an individual running as a write-in candidate qualifies as a "legally qualified candidate for public office. Please open the attached memorandum for more information. ___________________________ FCC Continues to Take Action on Unlicensed White Space Operations A recent set of FCC Orders and a Further Notice of Proposed Rulemaking continue to develop the regulatory framework governing unlicensed operations in television white spaces. Among the multiple issues encompassed by the Decisions, those most relevant to broadcasters encompass the frequency with which unlicensed white space devices are or will be required to "recheck” the white spaces databases for potential interference conflicts. Please open the attached memorandum for more information. ___________________________ Report on August 11, 2021, EAS NPT Shows General Improvement; Minor Transmission, Reception, and Filing Challenges The Public Safety and Homeland Security Bureau released a Report detailing and analyzing the results of the FCC's August 11, 2021, nationwide test of the Emergency Alert System ("EAS”). Although overall receipt and retransmission of the NPT improved, some broadcasters experienced issues with various aspects of the test. Please open the attached memorandum for more information. ___________________________ FCC Seeks Comment on EAS Accessibility Issues, Including Ways to Improve EAS Clarity and Effectiveness Comment deadlines have recently been set for a Notice of Proposed Rulemaking and Notice of Inquiry aimed at improving the clarity of EAS messages by increasing the congruity between audio and visual aspects of the alerts. Please open the attached memorandum for more information.

Repack Reimbursement Updates

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Repack Reimbursement Updates: FCC Announces 100% Allocation and Forthcoming Site Visits; Invoices Due March 22, 2022, for Stations Repacked in Phases 6-10 By Public Notice issued yesterday, the Incentive Auction Task Force and Media Bureau announced a final allocation from the TV Broadcaster Relocation Fund, increasing from 92.5% to 100% the allocation for the verified expenses of all stations seeking repack reimbursement. The Public Notice also announced that the FCC will soon begin deploying third-party contractors to "visit the facilities of a statistically valid and random sample of Fund participants to validate the existence and operational status of post-transition broadcast equipment for which the entity received reimbursement.” Finally, final reimbursement invoice submissions for repacked stations assigned completion dates in Phases 6-10 will soon be due—by March 22, 2022. Please open the attached memorandum for more information.

September 28, 2022, DEADLINE to Pay FCC Regulatory Fees; Payments Now Must Be Made Via CORES

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FCC Regulatory Fee Payments Due by September 28, 2022; Payments Now Must Be Made Via CORES As we reported last week, the FCC has finalized the regulatory fee amounts broadcasters will be required to pay for Fiscal Year 2022, according to a recently released Report and Order and Notice of Inquiry. The FCC has now also released a Public Notice announcing both that CORES is open for payment of FY 2022 regulatory fees and that regulatory fee payments must be made by 11:59 PM, EDT, on September 28, 2022. Please open the attached memorandum for more information regarding FY 2022 regulatory fees. "September 8 2022 Schedule B” includes the FCC-generated chart of FY 2022 regulatory fee amounts owed by full-service television broadcasters.

September 8 2022 Schedule B

Station Silence Leads to Short-Term Renewals -- $1,500 Penalty for Unauthorized Transfer of Control

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FCC Limits Several Recent Radio Station License Renewal Grants to One‑Year Terms Due to Lengthy Periods of Station Silence Two recent FCC Orders and Consent Decrees highlight the importance of broadcast licensees' adherence to regular station operating schedules. Specifically, several stations suddenly find themselves with truncated, one-year license renewal grants due to significant periods of station silence throughout the preceding license term. Please open the attached memorandum for more information. ___________________________ Failed Station Sale Draws $1,500 Penalty Due to Unauthorized Transfer of Control A recent Memorandum Opinion and Order and Consent Decree serves as a cautionary reminder of the requirement to apply for and receive FCC consent prior to selling, buying, or otherwise altering a controlling ownership interest of the licensee of a broadcast station. Please open the attached memorandum for more information.

VAB March 11 2022 Legal Memorandum -- Reminders -- 6 GHz ULS Info -- Repack Reimbursement Phases 6-10 -- Daylight Saving Time AM Authorizations

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Broadcasters Should Check FCC's ULS Database to Ensure 6 GHz Information is Accurate and Complete to Ensure Interference Protection By recent Public Notice (the "Notice”) the FCC has urged all 6 GHz licensees, including broadcasters, to both promptly review and maintain accurate and complete information in the Commission's Universal Licensing System ("ULS”) pertaining to fixed 6 GHz links. According to the Notice, a recent third-party audit of the ULS revealed that "a number of license records contain missing, clearly erroneous, or conflicting information.” Broadcasters should therefore expeditiously review the accuracy of the ULS information for their fixed 6 GHz links—absent accurate ULS information, a station's fixed 6 GHz links run the risk of being unprotected from harmful interference from recently expanded unlicensed operations. Please open the attached memorandum for more information. ___________________________ March 22, 2022: Deadline for Reimbursement Submissions for Stations Repacked in Phases 6-10 We're less than two weeks from the reimbursement invoice submission deadline for all broadcasters who are eligible for reimbursement as part of the now-concluded spectrum repack and who were assigned to repack Phases 6-10. Please open the attached memorandum for more information. ___________________________ March 13, 2022: Daylight Saving Time Begins at 2:00 a.m.; AM Stations Should Check Sign-On and Sign-Off Times to Ensure Compliance with Authorizations As winter continues to slowly subside, 2:00 a.m. on Sunday, March 13, 2022, will mark the beginning of daylight saving time ("DST”) for the vast majority of broadcasters. As we all "spring forward” on Sunday, AM radio stations will want to pay particular attention to the time change as they may operate with a Presunrise Service Authorization ("PSRA”) and/or a Postsunset Service Authorization ("PSSA”). Those stations with PSRAs and PSSAs that are located in communities adhering to DST should make necessary power adjustments to reflect the beginning of daylight saving.

Year End "Eye on Enforcement" Review

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As the holiday season continues to barrel along and the end of the year grows closer and closer, we hope this year-end "Eye on Enforcement” memorandum will help provide your station with important lessons to take into 2023 and beyond. Below, you'll find a collection of some of the most instructional—whether due to a decision's significance or its identification of one or more common enforcement "traps”—FCC enforcement actions over the last part of 2022. We wish your stations, viewers, and listeners the happiest of holidays and a warm and bright New Year! ___________________________   Nearly $3.4 Million in Fines for Children's Commercial Time Limits Violations; FCC Signals Possible Change in Calculation of Future Fines   The FCC made clear that children's programming issues are still top-of-mind for enforcement purposes, particularly in a Notice of Apparent Liability for Forfeiture ("NAL”) proposing fines against more than 100 stations (each a "Station”) across the country—including several large TV ownership groups—in connection with a program-length advertisement run during several children's programs in November and December 2018. In the NAL, the Commission underscored its commitment to combatting these types of advertisements and signaled a possible change in the way it will calculate associated fines for violations of the children's commercial time limits rules in the future.   Please open the attached memorandum for more information. ___________________________   Over $500,000 Fine for Violating Local Television Ownership Rules' Prohibition on Common Ownership of Two Top-Four Same-Market Television Stations   Over the dissent of Commissioner Nathan Simington, the FCC issued a significant Forfeiture Order (the "Order”) levying a $518,283 penalty—the maximum allowed by law—against a large media company (the "Company”) for violating the FCC's prohibition against owning two top-four television stations in the same Designated Market Area ("DMA”). The Order was issued against the backdrop of the forthcoming 2022 Quadrennial Review proceeding and broadcasters' continuing efforts to lobby the FCC to reconsider its decades-old ownership rules in light of fundamental media marketplace changes caused by the continuing rise of digital media and advertising outfits.   Please open the attached memorandum for more information. ___________________________   $20,000 Fine for Operating at Variance from Licensed Parameters   One of the most common traps into which a station can fall is operating its facilities—either knowingly or unexpectedly—at variance from the parameters specified on the station's broadcast station license. The FCC dealt with just such a situation in a set of recent decisions granting a short-term, 2-year license renewal and imposing a $20,000 fine for the licensee (the "Licensee”) of a California AM station (the "Station”) who admitted to decades of operation at variance from the authorized parameters of the Station's FCC license.   Please open the attached memorandum for more information. ___________________________   $11,000 Fine for Unauthorized Silence, Late Renewal   Another relatively common enforcement "trap” for stations is when technical or other issues require a station to go silent and the station fails to provide the FCC with requisite notice and, potentially, a request for special temporary authority ("STA”) to remain silent. Indeed, stations must be aware of all relevant FCC deadlines or risk enforcement action by failing to miss a required filing date. Both issues were on display in another Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture, in which the FCC proposed an $11,000 fine and short-term license renewal for the licensee (the "Licensee”) of an Alabama Class D AM station (the "Station”) where the Licensee failed to timely file a license renewal application and the Station was silent without authorization for four months.   Please open the attached memorandum for more information. ___________________________   FCC Grants Assignment Applications, Dismisses Objection Claiming Reversionary Interest   We close out our year-end Eye on Enforcement memo with a bit of good cheer, and a reminder that if your station is ever caught in an unfortunate FCC inquiry or enforcement trap, there is no substitute for sound legal counsel. By recent letter decision, the FCC granted several assignment applications (the "Applications”) over the objection of one individual claiming the assignments violated the FCC's Reversionary Interest Rule and failed to disclose aspects of the parties' Asset Purchase Agreement (the "APA”) underlying the Applications. In granting the Applications, the FCC affirmed the scope of the reversionary interest rule and reaffirmed the historic Commission position regarding several aspects of assigning broadcast licenses.   Please open the attached memorandum for more information.