FCC and Pirates: Going Through the Motions Faster

Signifying what the industry trades call a “crackdown” and added “pressure” on unlicensed broadcasters, the FCC’s Enforcment Bureau has stepped up its issuance of warning-letters, primarily to pirate stations in New York and New Jersey. Of the 94 enforcement actions against unlicensed broadcasters this year, 52 of them have taken place in these two states. Enforcement activity also includes two Notices of Apparent Liability and seven Forfeiture Orders, for cases that originated in 2015-16. Overall, however, the pace of enforcement actions is running behind the totals of a year ago.

This is not necessarily an expansion of enforcement duties. NYC-based field agents especially are now doing what they call “follow-up investigations” – in a nutshell, agents now re-visit unlicensed stations they’ve already contacted. If they are still on the air, they issue yet another warning letter to the operator (or, in the case of one New Jersey-based pirate, to the owner of the property where the station is housed, who was not in on the first-round contact). “Follow-up investigations” typically occur within 1-3 months of initial contact with the offending station. But if stations aren’t fazed by the first FCC nastygram they get, what are the odds the second one will change their ways? Read More

Removing the Public From Public Files

The FCC is currently considering a proposed rulemaking to radically change the content of the public files maintained by broadcast stations. Within the last few years, the agency has deliberated and approved changes in the way public files must be kept: everything’s moving online now, which will ostensibly make both maintaining and browsing public files easier on broadcasters and the viewing/listening public.

The migration of public files online is happening gradually; television stations went first and now radio stations are following on. Radio stations in the top 50 markets must make their public files available online by no later than June 24th. Public files contain a plethora of information about any given station; for commercial broadcasters, this includes station engineering specifications, hiring practices, political/public-interest programming, and correspondence with the public directly. Read More

AM Revitalization Order Released

At the close of business last Friday, and with little fanfare, the FCC released its first AM revitalization Report and Order. This rulemaking began two years ago and the most significant outcomes have little to do with the AM band itself.

Comparing the FCC’s proposed rulemaking to the R&O shows that most of the agency’s initial proposals will be enacted. This includes things like allowing for more flexbility on interference calculations and protections, antenna siting and design, the option to use analog transmission protocols that are more energy-efficent, and increased utilization of AM’s expanded band channels. But the meat of the R&O involvews developments regarding the FM band and the utter lack of comment on a digital strategy for AM. Read More

FCC Revises Contest Disclosure Rules; Music and Sports Payola Next?

Last week, the FCC announced changes to its contest disclosure regulations, first crafted in 1976. The changes allow stations to disclose contest rules either on the air or online.

This is the culmination of a Petition for Rulemaking first filed by Entercom in 2012, which the FCC didn’t officially start ruminating on until last December. The proposal attracted fewer than 20 comments, most of them being broadcast companies and state broadcasters’ associations (although NPR was also in the mix) and all of whom supported the proposal. Read More

The Wait for a Full FCC

Future FCC Chairman Thomas Wheeler had his first sit-down with the United States Senate last week. The Benton Foundation has assembled an excellent compendium of coverage from the hearing, focused especially on Wheeler’s qualifications and his potential agenda for the agency.

For decades, Wheeler was the chief lobbyist for the wireless phone and cable industries. He also raised more than a million dollars for President Barack Obama’s elections in 2008 and 2012. Currently, Wheeler’s a venture capitalist. Read More