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Fcc Modernizes Broadcast Public Notice Requirements Wiley

Leo Migdal
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fcc modernizes broadcast public notice requirements wiley

On May 13, 2020, the Federal Communications Commission (FCC or Commission) issued an order adopting significant changes to its requirements governing the way that broadcasters must provide the public with notice of a variety... Most significantly, the FCC eliminated the requirement that broadcasters provide public notice of covered applications in a newspaper, substituting an online written public notice requirement in place of the decades-old newspaper publication mandate. The FCC also streamlined the content of on-air public notice announcements. Although the rule changes adopted in the Order will not go into effect until after a notice of their effectiveness is published in the Federal Register, the FCC also waived the requirement that broadcast... Additional details concerning the FCC’s Order are provided below. Elimination of Newspaper Publication Requirement

The Order eliminates the requirement, adopted more than 50 years ago, that broadcasters provide public notice of covered applications in newspapers. In taking this action to modernize its rules, the FCC recognizes that the newspaper publication requirement was costly to applicants and consumers, and less helpful to the public than an online public notice requirement... Prior to the May open meeting, the Federal Communications Commission has adopted the broadcast public notice Report and Order (MB Dockets 17-265, 17-105, 05-6). In the Order, the FCC made some monumental changes on how broadcasters comply with Section 311(a) of the Communications Act which requires all broadcast applicants to make a public notice of their application. This law was passed by Congress in the early 60s as part of a suite of legislation regarding broadcaster transparency in the wake of radio’s “payola” and television’s rigged quiz show scandals. The primary element of this proceeding was the elimination of the requirement that broadcast applicants purchase advertising in the newspaper of the greatest circulation for the community that was involved in the application.

This is in reaction to the overall nature of the role of newspapers in modern American culture. All commercial applicants, as well as noncommercial applicants (including LPFM) without a working station (such as new entrants and licensees with silent stations) will now be required to place their public notices on a... FM translators and boosters, regardless of their commercial status will also do online public notices. This website can be their station website, the applicant’s organization website or the parent corporation of the applicant’s website. Links must be on the home page for the website and must be in a conspicuous location, just like the required links full-service stations must have to their online public file and contest rules. Public notices on a website must run for 30 consecutive days and the display of the notice must begin within 5 days from the date of publication in the FCC’s Broadcast Applications or Applications...

Prior to this Report and Order, there was never a regulation that required LPFM stations to follow the statutory requirements of §311(a). This was an apparent oversight that lasted for 20 years. When the FCC created the LPFM service in 2000, several regulations that applied to full-service stations were not made applicable to LPFM stations. In April, the FCC mended a 20-year oversight on the filing of silent notifications and silent special temporary authority authorizations. In May, 2019, the Audio Division determined that LPFM stations were required by statute to make public notice announcements for license renewals. This Order is the final patch on those oversights under FCC Chairman William Kennard.

Noncommercial applicants (including LPFM) that have a station on the air will make their public notice announcements over the air. Stations will be required to carry 6 announcements in a 4-week period with no more than 2 announcements per week. Announcements must be broadcast anytime between the hours of 7 AM and 11 PM, Monday through Friday. Announcements must commence within 5 days from the date of publication in the FCC’s Broadcast Applications or Applications public notice that the application has been accepted for filing. On October 29, 2020, the Federal Communications Commission (FCC or Commission) announced that significant changes to its requirements governing the way that broadcasters must provide the public with notice of a variety of applications... These changes were made in an order issued in May and, most significantly, eliminate the requirement that broadcasters provide public notice of covered applications in a newspaper, substituting an online written public notice requirement...

The FCC also streamlined the content of on-air public notice announcements. In addition, the FCC adopted a requirement that each commercial station include a conspicuous “FCC Applications” link or tab on its website that will link to a separate page containing the full text of... The “FCC Applications” link or tab must remain on commercial stations’ websites, even when a station does not have any pending applications that require public notice. We explained additional details of these rule changes in a previous client alert which is available here. DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Wiley Rein LLP var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); Please take our short survey – your perspective helps to shape how firms create relevant, useful content that addresses your needs: On October 30, 2020, the Federal Communications Commission (FCC or Commission) issued a Public Notice clarifying certain aspects of its new rules governing the way that broadcasters must provide the public with notice of... As we explained previously, those new rules go into effect today, October 30, 2020. Applications Covered by New Rules. The Public Notice clarifies that applicants and licensees must use the version of the public notice rules that was in effect on the date that an application was accepted for filing by the Commission.

Thus, an application accepted for filing on October 27, 2020, is subject to the prior rules, but an application accepted for filing on October 30, 2020, is subject to the new rules. Renewal Applications. Radio and television licensees who filed applications for renewal of their broadcast licenses that were due by October 1, 2020, should be in the process of making post-filing announcements. The Public Notice clarifies that those licensees should continue to make announcements for applications filed on October 1, 2020 under the prior version of the rules. The new rules apply to renewal applications filed December 1, 2020, and thereafter. Website Link/Tab.

The new rules also require that stations include a conspicuous “FCC Applications” link or tab on its website that will link to a separate page containing the full text of online public notices. The Public Notice clarifies that the FCC expects stations to take steps to add these links or tabs “expeditiously,” “but in no event later than when the licensee or applicant files an application requiring... If a station has no pending applications subject to the online public notice rules, the link or tab should direct to a page stating this fact. Additional information on these rule changes was provided in a previous client alert which is available here. If you have questions about the new requirements, please contact the Wiley attorney who regularly handles your station matters.

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On May 13, 2020, The Federal Communications Commission (FCC Or

On May 13, 2020, the Federal Communications Commission (FCC or Commission) issued an order adopting significant changes to its requirements governing the way that broadcasters must provide the public with notice of a variety... Most significantly, the FCC eliminated the requirement that broadcasters provide public notice of covered applications in a newspaper, substituting an online written public...

The Order Eliminates The Requirement, Adopted More Than 50 Years

The Order eliminates the requirement, adopted more than 50 years ago, that broadcasters provide public notice of covered applications in newspapers. In taking this action to modernize its rules, the FCC recognizes that the newspaper publication requirement was costly to applicants and consumers, and less helpful to the public than an online public notice requirement... Prior to the May open meetin...

This Is In Reaction To The Overall Nature Of The

This is in reaction to the overall nature of the role of newspapers in modern American culture. All commercial applicants, as well as noncommercial applicants (including LPFM) without a working station (such as new entrants and licensees with silent stations) will now be required to place their public notices on a... FM translators and boosters, regardless of their commercial status will also do o...

Prior To This Report And Order, There Was Never A

Prior to this Report and Order, there was never a regulation that required LPFM stations to follow the statutory requirements of §311(a). This was an apparent oversight that lasted for 20 years. When the FCC created the LPFM service in 2000, several regulations that applied to full-service stations were not made applicable to LPFM stations. In April, the FCC mended a 20-year oversight on the filin...

Noncommercial Applicants (including LPFM) That Have A Station On The

Noncommercial applicants (including LPFM) that have a station on the air will make their public notice announcements over the air. Stations will be required to carry 6 announcements in a 4-week period with no more than 2 announcements per week. Announcements must be broadcast anytime between the hours of 7 AM and 11 PM, Monday through Friday. Announcements must commence within 5 days from the date...