David Oxenford, Esq

FCC To Consider All-Digital AM at its November Meeting – What Questions are Being Asked?

By David Oxenford

November 11, 2019

As we noted in our list of November Regulatory dates for broadcasters, at its November 22 meeting, the FCC will be considering the adoption of a Notice of Proposed Rulemaking (see the draft order here) allowing AM stations to go all digital – on a voluntary basis. This Notice follows a Petition for Rulemaking which I filed on behalf of my client Bryan Broadcasting (see our articles here and here). The FCC’s…

Broadcast Law Blog

Third Circuit Asked to Rehear Decision Overturning FCC Ownership Rule Changes – Where Do We Go from Here?

By David Oxenford

November 10, 2019

In September, a three-judge panel of the US Court of Appeals for the Third Circuit released a 2-1 decision overturning the FCC’s 2017 decision modifying many of its ownership rules (see our summary of the Court decision here, and our review of the 2017 decision here). The Court’s decision not only upset the plans of many media companies for acquisitions based on the changes adopted in the 2017 decision, but also dashed the…

Broadcast Law Blog

FCC Issues Guidance for Expiring Digital Certificates for EAS Alerts Transmitted Through Internet-Based System – No Impact on Over-the-Air Broadcast Alerts

By David Oxenford

November 7, 2019

Several years ago, the FCC mandated that broadcasters utilize not only the traditional over-the-air “daisy-chain” broadcast EAS alerting system where emergency alerts are passed from one station to another but also utilize an Internet-based Common Alerting Protocol (“CAP”) system where warnings can be sent directly to stations (see, for example, our articles here and here). As part of the rules governing those CAP-formatted alerts, EAS systems were to be configured so that they would…

Broadcast Law Blog

Comment Dates Set on FCC Proposal to Abolish Rule Prohibiting Exclusive Use of Unique Tower Sites

By David Oxenford

November 6, 2019

At its October open meeting, the FCC adopted a Notice of Proposed Rulemaking looking to abolish its rule that bars a broadcast licensee from prohibiting a competitor from using a “unique” transmitter site that it controls. The rule was adopted decades ago and never used. It provides that a license renewal would not be granted to a broadcast licensee who controls a transmitter site that is the only site that could be used by a…

Broadcast Law Blog

Twitter Bans Political Ads – Doing What Broadcasters are Forbidden to Do

By David Oxenford

November 4, 2019

It seems like every other week, there is a story about an online media giant making changes in their rules that govern political advertising on their platform – and being either praised or condemned for doing so. We recently wrote about the controversy over Facebook deciding to not fact-check candidate ads, and how Congress itself requires by statute that broadcast stations take that same position. Broadcast stations are not allowed to censor ads from legally…

Broadcast Law Blog

FCC To Hold Symposium on Radio and TV Industry – What Does it Mean for Broadcast Regulation?

By David Oxenford

October 31, 2019

The FCC announced on Friday that it will be hosting a symposium on the state of the broadcast industry on November 21. On that day, there will be a panel in the morning on the state of the radio industry and one in the afternoon on television. The Public Notice released Friday lists a diverse group of panelists, but says little beyond the fact that the forum will be occurring. What could be behind the…

Broadcast Law Blog

November Regulatory Dates for Broadcasters – Ownership Reports, Comment Deadlines, LPTV Reimbursement Filing Deadline, a Forum to Examine the Future of the Broadcast Industry, and More

By David Oxenford

October 30, 2019

November is not one of those months with due dates for renewal filings, EEO public file reports or quarterly issues programs reports. Some of those obligations wait until December, when renewal filings for radio stations in Georgia and Alabama are due by December 2 (as December 1 falls on a weekend). Due for uploading on or before December 1 are EEO public file reports for station employment units with 5 or more full-time employees for…

Broadcast Law Blog

Comments Due November 22 on Regulatory Fee Issues for 2020 – Including Whether to Reduce Fees for VHF Stations and Incubated Stations

By David Oxenford

October 25, 2019

The FCC’s Further Notice of Proposed Rulemaking on annual regulatory fees was published in the Federal Register this week, setting the comment date in that proceeding as November 22, with reply comments due December 23. As we wrote when the FCC’s fee decision for 2019 fees was released, this Further Notice is examining a number of issues. For broadcasters, there are two directly relevant issues. First, there is a question as to whether there…

Broadcast Law Blog

FCC Issues “Clarifications” of Political Broadcasting Public File Disclosure Requirements – Significantly More Disclosures to Be Required on Issue Ads

By David Oxenford

October 21, 2019

The FCC last week released two decisions (here and here) addressing complaints from public interest groups against several TV stations alleging that the stations had not sufficiently disclosed in their online public files sufficient information about political issue advertising. These decisions, as detailed below, will end up making life significantly more difficult for broadcasters running ads from non-candidate groups, as they will need to review each issue ad to come up with a…

Broadcast Law Blog

Facebook Criticized for Not Censoring Candidate Ads – Even Though Congress Requires No Censorship from Broadcasters

By David Oxenford

October 17, 2019

internet-advertising-picture-id1128310382

In recent weeks, Facebook has been criticized for adopting a policy of not censoring advertising and other content posted on its platforms by political candidates. While Facebook apparently will review content whose veracity is challenged when posted by anyone else, it made an exception for posts by political candidates – and has received much heat from many of those candidates, including some who are currently in Congress. In some cases, these criticisms have suggested that…

David Oxenford, Esq

David Oxenford, Esq Blogs

Blog Authors

FCC To Consider All-Digital AM at its November Meeting – What Questions are Being Asked?

Third Circuit Asked to Rehear Decision Overturning FCC Ownership Rule Changes – Where Do We Go from Here?

FCC Issues Guidance for Expiring Digital Certificates for EAS Alerts Transmitted Through Internet-Based System – No Impact on Over-the-Air Broadcast Alerts

Comment Dates Set on FCC Proposal to Abolish Rule Prohibiting Exclusive Use of Unique Tower Sites

Twitter Bans Political Ads – Doing What Broadcasters are Forbidden to Do

FCC To Hold Symposium on Radio and TV Industry – What Does it Mean for Broadcast Regulation?

November Regulatory Dates for Broadcasters – Ownership Reports, Comment Deadlines, LPTV Reimbursement Filing Deadline, a Forum to Examine the Future of the Broadcast Industry, and More

Comments Due November 22 on Regulatory Fee Issues for 2020 – Including Whether to Reduce Fees for VHF Stations and Incubated Stations

FCC Issues “Clarifications” of Political Broadcasting Public File Disclosure Requirements – Significantly More Disclosures to Be Required on Issue Ads

Facebook Criticized for Not Censoring Candidate Ads – Even Though Congress Requires No Censorship from Broadcasters

Stay Connected

Company

Support

New to the Network

David Oxenford, Esq Blogs

Blog Authors

Latest from David Oxenford, Esq