December 2019
All-Digital Transmissions Broadcasters Seek Proposed for AM Radio Reconsideration of The FCC has proposed to allow AM radio stations to Political File Orders broadcast an all-digital signal using the HD Radio in-band on-channel (“IBOC”) mode known as MA3. Adoption and In October of this year, the FCC released two orders implementation of all-digital operations would be voluntary resolving complaints by public interest groups about the for each station. The Commission promulgated this proposal in PDLQWHQDQFHRIWKHSROLWLFDOÀOHVRIFRPPHUFLDOWHOHYLVLRQ a Notice of Proposed Rulemaking (FCC 19-123) in Docket 19-311. stations. The Commission used this opportunity to clarify This action follows in the wake of a Petition for Rulemaking ZKDW LW FKDUDFWHUL]HG DV DPELJXRXV SURYLVLRQV DERXW ÀOHG HDUOLHU WKLV \HDU E\ UDGLR VWDWLRQ JURXS RZQHU %U\DQ EURDGFDVWHUV·SROLWLFDOÀOHREOLJDWLRQVWKDWKDGEHHQFRGLÀHG Broadcasting Corporation, urging the agency to permit AM by the Bipartisan Campaign Reform Act of 2002 (“BCRA”) stations to operate in the all-digital mode, and comments into Section 315(e) of the Communications Act. An article submitted by parties in response to Bryan’s Petition. about the Commission’s October orders appeared in the 7KH &RPPLVVLRQ LGHQWLÀHV WKLV SURSRVDO DV DQ HOHPHQW November issue of this newsletter. A group of broadcast RILWVORQJVWDQGLQJHͿRUWWRUHYLWDOL]H$0UDGLR$VDJHQHUDO interests, led by the National Association of Broadcasters rule, digital signals are less vulnerable to interference and other ´1$%µ KDV ÀOHG D 3HWLWLRQ IRU 5HFRQVLGHUDWLRQ RI WKRVH LPSDLUPHQWV DQG WKHUHIRUH FRXOG VLJQLÀFDQWO\ LPSURYH DQ orders. The Commission has solicited public comment about AM station’s audio quality and the range of its usable signal. the Petition in Docket 19-363. continued on page 7 The NAB’s leading complaint is that the FCC violated the Administrative Procedure Act (“APA”) by making VLJQLÀFDQW FKDQJHV WR WKH SROLWLFDO ÀOH UHTXLUHPHQWV LQ DQ Radio Program continued on page 6 Duplication Restrictions IN THIS ISSUE
Under Scrutiny ;YHUZSH[VY4\Z[+PZJSVZL0[Z7YPTHY`:[H[PVU ...... 2 By adopting a Notice of Proposed Rulemaking (FCC 19-122) in +PZWSHJLK9\YHS37;=(WWSPJH[PVUZ ...... 2 Docket 19-310, the FCC has launched a rulemaking proceeding 9HKPV:LY]PJLVU37;=;V)L9L]PL^LK ...... 3 to consider eliminating or amending its restrictions on radio programming duplication by commonly owned stations in +LHKSPULZ[V>H[JO ...... 4-6 Section 73.3556 of the FCC’s Rules. The current version of this 6SK2PK]PK9LWVY[Z+LHKSPUL ...... 8 rule was adopted in 1992. It prohibits any commercial AM or FM radio station from devoting “more than 25 percent of the total hours in its average broadcast week to programs that duplicate -VYTVYLPUMVYTH[PVUHIV\[VYOLSW^P[OHU`VM those of any other station in the same service (AM or FM) which [OLP[LTZYLWVY[LKPUAntennaTMWSLHZLJVU[HJ[! is commonly owned or with which it has a time brokerage agreement if the principal community contours . . . of the stations overlap and the overlap constitutes more than 50 percent of the total principal community contour service area of either station.” The Commission recounts the evolutionary history of this 1200 Seventeenth St. NW UXOHVLQFHWKHÀUVWLWHUDWLRQRILWZDVDGRSWHGLQ 7KHIRUPXOD Washington, D.C. 20036 as to the variables, i.e., the amount of time devoted to duplicated Tel: 202.663.8167 programming, the geographic relationship of the stations and Fax: 202.663.8007 continued on page 3 ,THPS!ZJV[[ÅPJR'WPSSZI\Y`SH^JVT Translator Must Disclose Its Primary Station 7KH )&&·V 0HGLD %XUHDX KDV ÀQHG WKH OLFHQVHH RI )0 WR-XQH,URQLFDOO\LWDSSHDUVWKDW:3/:SURJUDPPLQJZDV translator station W225DF, Raleigh, North Carolina, $2,000 for rebroadcast throughout this period, whether received directly failing to report correctly the primary station being rebroadcast from WPLW, or via WQDR-FM(HD3). by the translator. This ruling came in a Memorandum Opinion $FFRUGLQJ WR 6HFWLRQ E D WUDQVODWRU DSSOLFDQW and Order and Notice of Apparent Liability for Forfeiture (DA 19- must demonstrate a technical need for a station if it already 1235) against Carolina Radio Group, Inc. has a translator covering substantially the same area as the The facts in this case came to the Commission’s attention proposed station and retransmitting the same primary station. LQSOHDGLQJVÀOHGE\7ULDQJOH$FFHVV%URDGFDVWLQJ,QFVHHNLQJ The party that ultimately controls Carolina also controls reconsideration of the FCC’s grant of construction permit another translator station for which WPLW is the primary and license applications for the station. Triangle alleged that station and which serves substantially the same area served &DUROLQDKDGYLRODWHG6HFWLRQ E DQG6HFWLRQ F E\ :') 7KXV GXULQJ WKH GD\ SHULRG IURP 0D\ WR of the Commission’s Rules. The Bureau eventually found that -XQH&DUROLQDZDVRSHUDWLQJWZRWUDQVODWRUVUHEURDGFDVWLQJ Carolina had in fact violated both regulations. WPLW with substantially the same coverage area. Carolina 6HFWLRQ F UHTXLUHV WKH OLFHQVHH RI D WUDQVODWRU never submitted a demonstration of technical need for this station to inform the FCC in writing when there is a change dual-station operation. Thus Carolina also violated Section in the primary station being rebroadcast. In the translator E GXULQJWKDWSHULRG construction permit application, Carolina had indicated The FCC’s Forfeiture Policy StatementDQG6HFWLRQRILWV that the station would rebroadcast WQDR-FM (HD3). The 5XOHVSURYLGHWKDWWKHEDVHIRUIHLWXUHDPRXQWIRUIDLOXUHWRÀOH station went on the air on May 1, 2019. It later came to light a required form or information is $3,000. The base forfeiture that W225DF was carrying WPLW(AM) from that date until IRUXQDXWKRUL]HGHPLVVLRQVLV7KH&RPPLVVLRQPD\ -XQH 2Q-XQH:4'5)0 +' EHJDQVLPXOFDVWLQJ adjust the amount of a forfeiture in either direction as the WPLW and the translator began rebroadcasting WQDR-FM circumstances may warrant. In this case, given the relatively (HD3). The Bureau found that Carolina had violated the rule short duration of the violations and Carolina’s history of no by failing to report to the FCC that contrary to the designation SULRURͿHQVHVWKH%XUHDXDGMXVWHGGRZQZDUGWKHDPRXQWRI in its construction permit application, the translator was the forfeiture imposed to $2,000. UHWUDQVPLWWLQJ:3/:GXULQJWKHGD\SHULRGIURP0D\
Filing Window Opened for Amendments for Displaced Rural LPTV Applications 7KH)&&·V0HGLD%XUHDXKDVDQQRXQFHGDÀOLQJZLQGRZ was intended to foster LPTV in rural areas. Consistent with that is open now and will close on January 31, 2020, for this purpose, transmitter sites may not be proposed within amendments to pending applications for new low power 75 miles of the reference coordinates of any of the 100 top television stations in rural areas that have been displaced by markets. These coordinates are listed in Section 76.53 of the the Incentive Auction and/or the post-auction repack. The Commission’s Rules. The amended proposal may not cause Bureau released a Public Notice (DA 19-1215) with the details. SUHGLFWHGLQWHUIHUHQFHWRWKHDXWKRUL]DWLRQRUSUHYLRXVO\ÀOHG 'XULQJDÀOLQJZLQGRZLQ WKH&RPPLVVLRQDFFHSWHG application for any full power, Class A or LPTV station. All applications for new LPTV stations in rural areas. However, amendments conforming to these requirements will be treated WKHVH ÀOLQJV ZHUH VRRQ IUR]HQ DQG WKH %XUHDX VXVSHQGHG as minor amendments. processing them in anticipation of the displacements that $OO DPHQGPHQWV ÀOHG GXULQJ WKLV ZLQGRZ ZLOO EH would occur with the restructuring of the television band. The FRQVLGHUHG DV ÀOHG RQ WKH ODVW GD\ RI WKH ZLQGRZ7KHUH LV post-repack environment is now stable, and it is practical for QR SUHIHUHQFH IRU EHLQJ WKH ÀUVW WR ÀOH 0XWXDOO\ H[FOXVLYH these applicants to apply for alternative channels if they have applicants will be given an opportunity to resolve their EHHQ GLVSODFHG 7R EH HOLJLEOH WR ÀOH DQ DPHQGPHQW LQ WKLV FRQÁLFWVWKURXJKVHWWOHPHQWVRUHQJLQHHULQJDPHQGPHQWVWKDW window, the applicant must have a pending application for a PD\EHÀOHGGXULQJDVHWWOHPHQWZLQGRZWREHVXEVHTXHQWO\ new digital LPTV or TV translator station that was displaced DQQRXQFHG$SSOLFDQWVWKDWFRQWLQXHWREHPXWXDOO\H[FOXVLYH by the Incentive Auction and/or the repacking process. after the settlement window will be subject to competitive Applicants must propose to move to a new vacant channel bidding. in the core from channel 2 to channel 36. They can relocate the Pending applications that are not amended to a core SURSRVHG WUDQVPLWWHU VLWH XS WR NLORPHWHUV IURP WKH VLWH FKDQQHOGXULQJWKLVÀOLQJZLQGRZZLOOEHGLVPLVVHG VSHFLÀHGLQWKHRULJLQDODSSOLFDWLRQ7KH ÀOLQJZLQGRZ
2 Radio Service on LPTV To Be Reviewed The FCC’s Media Bureau has requested comments to like service should be allowed to continue after LPTV has XSGDWHWKHUHFRUGLQ'RFNHWRQWKHRSHUDWLRQRIDQDORJ completely transitioned to digital. The Commission has a UDGLROLNHVHUYLFHVRͿHUHGE\FKDQQHOORZSRZHUWHOHYLVLRQ statutory mandate to regulate television consistent with the stations. In its Public Notice (DA 19-1231), the Bureau invited technology and method used to provide advanced television input on what to do about this phenomenon given the services. The Bureau asks whether an ancillary analog audio imminent demise of analog LPTV broadcasting. service is consistent with digital technology and, if allowed, The audio stream of an analog television station operating whether aural analog services should be limited to channel 6 RQFKDQQHOLVWUDQVPLWWHGDW0+]YHU\QHDUWKHORZ VWDWLRQVWKDWDUHSUHVHQWO\RIIHULQJWKHP,WDOVRDVNVZKHWKHU end of the FM band. Most FM receivers can receive signals WKHDXWKRUL]DWLRQIRUVXFKVHUYLFHVVKRXOGEHQRQWUDQVIHUDEOH on that frequency. A number of analog channel 6 LPTV i.e., not available to be assigned to a new owner of the station. VWDWLRQVKDYHWDNHQDGYDQWDJHRIWKLVVLWXDWLRQWRRͿHUDXGLR The Bureau invites comments about whether the current programming akin to normal radio broadcasting for audiences technical rules would permit a station to transmit independent listening on FM receivers. The video portion of these stations’ DXUDO DQG YLVXDO FDUULHUV DQG ZKHWKHU 6HFWLRQ L transmissions is typically quite limited. The regular audio DXWKRUL]HVWKLVVSHFLILFNLQGRIVHUYLFH7KH%XUHDXDOVRVHHNV segment of a digital transmission on television channel 6 is FRPPHQW RQ ZKHWKHU WKLV DQDORJ VHUYLFH FDQ FRH[LVW ZLWK not receivable by the ordinary FM receiver. The Commission digital television without causing harm to either television or has set July 13, 2021, as the deadline for low power television FM services and whether such services should be subject to stations to terminate analog broadcasting. the rules applicable to FM radio stations. Further, if this service With this sunset for LPTV radio looming, channel 6 does qualify as an ancillary and supplementary service, the LPTV broadcasters have urged the Commission to make Bureau asks whether revenues from such operations would be accommodations that would allow the radio services to VXEMHFW WR WKH ILYH SHUFHQW IHH OHYLHG RQ UHYHQXHV IURP continue. Some have proposed to allow post-transition digital DQFLOODU\and supplementary services provided by full service LPTV stations to continue to transmit an analog FM radio-type stations. service on an ancillary or supplementary basis. Digital LPTV Comments on these and related issues must be submitted VWDWLRQV DUH SHUPLWWHG WR RͿHU DQFLOODU\ DQG VXSSOHPHQWDU\ LQ'RFNHWZLWKLQGD\VRISXEOLFDWLRQRIQRWLFHRIWKLV VHUYLFHVXQGHU6HFWLRQ L RIWKH&RPPLVVLRQ·V5XOHV proceeding in the Federal Register. Reply comments will be The Bureau seeks comment about whether this radio- GXHGD\VDIWHUWKDWSXEOLFDWLRQ
Radio Program Duplication Restrictions Under Scrutiny continued from page 1 WKHLUFRYHUDJHDUHDVDQGWKHVL]HRIWKHFRPPXQLW\WKH\VHUYHG The Commission also asks whether elimination of this rule has changed over time. However, the basic underlying purposes would have any impact on current or prospective station of the rule have always been to promote program diversity, the owners who are women or minorities. In the event that the rule HFLHQWXVHRIVSHFWUXPDQGLQKLELWLQKHUHQWZDVWHIXOQHVV is retained, the FCC seeks comment on whether the variable In view of the current maturity of the radio broadcasting values (percentage of time devoted to duplicated programming industry, the Commission now questions whether this rule or percentage of coverage area overlap) should be adjusted. continues to be necessary. It noted the changes that have occurred Given the economic and technical challenges facing AM VLQFH ZKHQWKHUHZHUHDSSUR[LPDWHO\FRPPHUFLDO stations, the Commission asks whether this regulation radio stations in the nation. Today there are close to 19,500 should WUHDW$0VWDWLRQVGLIIHUHQWO\IURP)0VWDWLRQVVXFKDV commercial stations. The number of noncommercial stations ZKHWKHUthe rule should be eliminated for AM, but retained for RYHUWKLVWLPHSHULRGKDVJURZQIURPWR$OVRWKHUH FM. The Commission also asks whetIer that would allow more DUHVRPHORZSRZHU)0VWDWLRQVQRZWKDWGLGQRWH[LVW listeners to hear popular AM programming. LQ )XUWKHUUDGLREURDGFDVWHUVQRZH[SDQGWKHLUFRQWHQW &RPPHQWHUV ZKR VXSSRUW UHWHQWLRQ PRGLÀFDWLRQRU RͿHULQJV ZLWK ZHEVLWHV VWUHDPLQJ DQG PRELOH DSSOLFDWLRQV HOLPLQDWLRQ RI WKH UXOH DUH DVNHG WR H[SODLQ WKH DQWLFLSDWHG 7KH &RPPLVVLRQ FRQFOXGHG WKDW WKLV VLJQLÀFDQW JURZWK LQ economic impact on broadcasters of any proposed action by the the number of radio broadcasting outlets, combined with the &RPPLVVLRQTXDQWLI\LQJEHQHÀWVDQGFRVWV new and varied formats in which broadcasters distribute their While Commissioners Rosenworcel and Starks did programming, has led to greater radio broadcasting competition not oppose adopting this Notice, each of them released a and programming diversity, and substantially reduced the need FDXWLRQDU\ &RQFXUULQJ 6WDWHPHQW H[SUHVVLQJ FRQFHUQ DERXW for this regulation. how elimination of the rule might be detrimental to the public The Commission requests public comment about how such interest. They agreed that the proceeding should be conducted FKDQJHVLQWKHUDGLRHFRV\VWHPKDYHDͿHFWHGWKHQHHGIRUWKLV so as to develop a complete record on this topic. rule. The Commission asks whether the rule is still needed to Comments in this proceeding will be due 30 days after ensure program diversity and competition and how elimination notice is published in the Federal Register. Reply comments will RIWKLVUXOHZRXOGDͿHFWORFDOQHZVJDWKHULQJDQGMRXUQDOLVP EHGXHGD\VDIWHUWKDWSXEOLFDWLRQ
3 @ This proposal includes channel sharing on channel 49 by WEDW and WZME. DEADLINES TO WATCH License Renewal, FCC Reports & Public Inspection Files
December 1 Deadline to place EEO Public File Report in January 1 & 16 Radio stations in Arkansas, Louisiana Public Inspection File and on station’s Internet and Mississippi EURDGFDVWSUHÀOLQJ ZHEVLWHIRUDOOQRQH[HPSWUDGLRDQGWHOHYLVLRQ announcements regarding license renewal stations in Alabama, Colorado, Connecticut, applications. Georgia, Maine, Massachusetts, Minnesota, Montana, New Hampshire, North Dakota, January 10 Deadline to place Issues/Programs List for Rhode Island, South Dakota, and Vermont. previous quarter in Public Inspection File for all full service radio and television stations and 'HFHPEHU 'HDGOLQHWRÀOHOLFHQVHUHQHZDODSSOLFDWLRQVIRU Class A TV stations. radio stations in Alabama and Georgia. -DQXDU\ 'HDGOLQHWRÀOHTXDUWHUO\7UDQVLWLRQ3URJUHVV December 2 Deadline for all broadcast licensees and Reports for television stations subject to permittees of stations in Alabama, Colorado, PRGLÀFDWLRQVLQWKHUHSDFNH[FHSWIRUVWDWLRQV Connecticut, Georgia, Maine, Massachusetts, LQ3KDVH Minnesota, Montana, New Hampshire, North Dakota, Rhode Island, South Dakota, and -DQXDU\ 'HDGOLQHIRUQRQFRPPHUFLDOVWDWLRQVWRÀOH VermontWRÀOHDQQXDOUHSRUWRQDOODGYHUVH quarterly report re third-party fundraising. ÀQGLQJVDQGÀQDODFWLRQVWDNHQE\DQ\FRXUWRU -DQXDU\ 'HDGOLQHWRÀOH %LHQQLDO2ZQHUVKLS5HSRUWV governmental administrative agency involving misconduct of the licensee, permittee, or any -DQXDU\ 'HDGOLQHWRÀOH&KLOGUHQ·V7HOHYLVLRQ person or entity having an attributable interest Programming Reports for all commercial full in the station(s). power and Class A television stations for the period September 16 - December 31, 2019. December 2 Deadline for television stations that provided ancillary or supplementary services during February 1 Deadline to place EEO Public File Report in the 12-month period ending September 30, Public Inspection File and on station’s Internet WRÀOHDQQXDO$QFLOODU\6XSSOHPHQWDU\ ZHEVLWHIRUDOOQRQH[HPSWUDGLRDQGWHOHYLVLRQ Services Report. stations in Arkansas, Kansas, Louisiana, Mississippi, Nebraska, New Jersey, New York, December 1 & 16 Radio stations in Alabama, Florida, Georgia, and Oklahoma. Puerto Rico, and the Virgin Islands broadcast SRVWÀOLQJDQQRXQFHPHQWVUHJDUGLQJOLFHQVH )HEUXDU\ 'HDGOLQHWRÀOHOLFHQVHUHQHZDODSSOLFDWLRQV renewal applications. for radio stations in Arkansas, Louisiana and Mississippi. December 1 & 16 Radio stations in Arkansas, Louisiana and Mississippi EURDGFDVWSUHÀOLQJDQQRXQFHPHQWV February 3 Deadline for all broadcast licensees and regarding license renewal applications. permittees of stations in Arkansas, Kansas, Louisiana, Mississippi, Nebraska, New Jersey, 'HFHPEHU 'HDGOLQHWRÀOHPLVVLQJRUDPHQGHG&KLOGUHQ·V New York, and Oklahoma WRÀOHDQQXDOUHSRUW Television Programming Reports for all past RQDOODGYHUVHÀQGLQJVDQGÀQDODFWLRQVWDNHQ quarters to and including third quarter, 2019. by any court or governmental administrative January 1 & 16 Radio stations in Alabama and Georgia agency involving misconduct of the licensee, EURDGFDVWSRVWÀOLQJDQQRXQFHPHQWVUHJDUGLQJ permittee, or any person or entity having an license renewal applications. attributable interest in the station(s).
Cut-Off Date for AM and FM Applications to Change Community of License 7KH)&&KDVDFFHSWHGIRUÀOLQJWKHDSSOLFDWLRQVLGHQWLÀHGEHORZSURSRVLQJWRFKDQJHHDFKVWDWLRQ·VFRPPXQLW\RIOLFHQVH7KHVHDSSOL- FDWLRQVPD\DOVRLQFOXGHSURSRVDOVWRPRGLI\WHFKQLFDOIDFLOLWLHV7KHGHDGOLQHIRUÀOLQJFRPPHQWVDERXWDQ\RIWKHDSSOLFDWLRQVLQWKHOLVW below is January 21, 2020,QIRUPDOREMHFWLRQVPD\EHÀOHGDQ\WLPHSULRUWRJUDQWRIWKHDSSOLFDWLRQ
PRESENT COMMUNITY PROPOSED COMMUNITY STATION CHANNEL FREQUENCY Apopka, FL Fairview Shores, FL WBZW(AM) n/a 1520 Port St. Joe, FL Youngstown, FL WTKP 229C3 93.7 0HWURSROLV,/ 3DGXFDK.< :-/, & Cleveland, MS Shaw, MS New 226C3 93.1 Lewistown, MT Harlowton, MT KZLM 300A 107.9
4 DEADLINES TO WATCH Deadlines for Comments in FCC and Other Proceedings DOCKET COMMENTS REPLY COMMENTS (All proceedings are before the FCC unless otherwise noted.) 'RFNHW 1350 )&& Use of common antenna sites Dec.23 'RFNHW 3XEOLF1RWLFH '$ 3HWLWLRQIRU5HFRQVLGHUDWLRQRISROLWLFDOÀOHRUGHUV 'HF -DQ28 'RFNHW )1350 )&& Regulatory fees Jan. 6 86&RS\ULJKW2FH 'RFNHW 12, )5 Status of online dissemination as “publication” for purposes of copyright registration Feb. 3 Mar. 3 'RFNHW 3XEOLF1RWLFH '$ Waiver of IP closed captioning requirement for Pluto TV Feb. 21 Mar. 6 'RFNHW 3XEOLF1RWLFH '$ 5DGLRVHUYLFHRQ/379 )5 )5 'RFNHW 1350 )&& 'XSOLFDWLRQRISURJUDPPLQJRQFRPPRQO\RZQHGUDGLRVWDWLRQV )5 )5 'RFNHW 1350 )&& All-digital AM broadcasting FR+60 FR+90 )51PHDQVWKHÀOLQJGHDGOLQHLV1GD\VDIWHUSXEOLFDWLRQRIQRWLFHRIWKHSURFHHGLQJLQWKH)HGHUDO5HJLVWHU
Paperwork Reduction Act Proceedings The FCC is required under the Paperwork Reduction Act to periodically collect public information on the paperwork burdens imposed by its record-keeping requirements in connection with certain rules, policies, applications and forms. Public comment has EHHQLQYLWHGDERXWWKLVDVSHFWRIWKHIROORZLQJPDWWHUVE\WKHÀOLQJGHDGOLQHVLQGLFDWHG
TOPIC COMMENT DEADLINE 6LJQLÀFDQWO\YLHZHGVLJQDOV6HFWLRQ 'HF Alternative broadcast inspection program Dec. 17 Emergency alert system, Part 11 Dec. 20 6DWHOOLWHVSDFHVWDWLRQDQGHDUWKVWDWLRQDSSOLFDWLRQV)RUPV(=5 'HF Licensing regulations under Section 310(b) of the Communications Act Dec. 31 Regulations under Section 310(b) of the Communications Act Dec. 31
DEADLINE TO AMEND DEADLINE TO UPDATE DISPLACED RURAL LPTV APPLICATIONS SOFTWARE CERTIFICATE TO RECEIVE EMERGENCY ALERTS VIA CAP JANUARY 31, 2020 JANUARY 7, 2020
TELEVISION REPACK STATIONS ASSIGNED TO PHASE 7 STATIONS ASSIGNED TO PHASE 8 TESTING PERIOD BEGINS: OCTOBER 19, 2019 TESTING PERIOD BEGINS: JANUARY 18, 2020 COMPLETION DEADLINE: JANUARY 17, 2020 COMPLETION DEADLINE: MARCH 13, 2020
5 @ This proposal includes channel sharing on channel 49 by WEDW and WZME. DEADLINES TO WATCH Lowest Unit Charge Schedule for 2020 Political Campaign Season 'XULQJWKHGD\SHULRGSULRUWRDSULPDU\HOHFWLRQRUSDUW\FDXFXVDQGWKHGD\SHULRGSULRUWRWKHJHQHUDOHOHFWLRQFRPPHUFLDO EURDGFDVWVWDWLRQVDUHSURKLELWHGIURPFKDUJLQJDQ\OHJDOO\TXDOLÀHGFDQGLGDWHIRUHOHFWLYHRFH ZKRGRHVQRWZDLYHKLVRUKHUULJKWV PRUHWKDQWKHVWDWLRQ·V/RZHVW8QLW&KDUJH ´/8&µ IRUDGYHUWLVLQJWKDWSURPRWHVWKHFDQGLGDWH·VFDPSDLJQIRURFH/RZHVWXQLW charge periods begin soon in the following jurisdictions. Some of these dates may be subject to change.
STATE ELECTION EVENT DATE LUC PERIOD $ODEDPD 6WDWH 3UHV3ULPDULHV 0DU -DQ0DU $PHULFDQ6DPRD 'HP3UHV&DXFXV 0DU -DQ0DU $PHULFDQ6DPRD 5HS3UHV&DXFXV 0DU )HE0DU $UL]RQD 'HP3UHV3ULPDU\ 0DU )HE0DU $UNDQVDV 6WDWH 3UHV3ULPDULHV 0DU -DQ0DU &DOLIRUQLD 6WDWH 3UHV3ULPDULHV 0DU -DQ0DU &RORUDGR 3UHVLGHQWLDO3ULPDULHV 0DU -DQ0DU Florida Presidential Primaries Mar. 17 Feb. 1 - Mar. 17 *HRUJLD 3UHVLGHQWLDO3ULPDULHV 0DU )HE0DU *XDP 5HS3UHV&DXFXV 0DU -DQ 0DU Hawaii Rep. Pres. Caucus Mar. 10 Jan. 25 - Mar. 10 Idaho Presidential Primaries Mar. 10 Jan. 25 - Mar. 10 Illinois State & Pres. Primaries Mar. 17 Feb. 1 - Mar. 17 Iowa Presidential Caucuses Feb. 3 Dec. 20 - Feb. 3 Kentucky Rep. Pres. Caucus Mar. 21 Feb. 5 - Mar. 21 0DLQH 3UHVLGHQWLDO3ULPDULHV 0DU -DQ0DU 0DVVDFKXVHWWV 3UHVLGHQWLDO3ULPDULHV 0DU -DQ0DU Michigan Presidential Primaries Mar. 10 Jan. 25 - Mar. 10 0LQQHVRWD 3UHVLGHQWLDO3ULPDULHV 0DU -DQ0DU Mississippi State & Pres. Primaries Mar. 10 Jan. 25 - Mar. 10 Missouri Presidential Primaries Mar. 10 Jan. 25 - Mar. 10 1HYDGD 'HP3UHV&DXFXV )HE -DQ)HE 1HZ+DPSVKLUH 3UHVLGHQWLDO3ULPDULHV )HE 'HF)HE 1RUWK&DUROLQD 6WDWH 3UHV3ULPDULHV 0DU -DQ0DU North Dakota Dem. Pres. Primary Mar. 10 Jan. 25 - Mar. 10 Ohio State & Pres. Primaries Mar. 17 Feb. 1 - Mar. 17 2NODKRPD 3UHVLGHQWLDO3ULPDULHV 0DU -DQ0DU Puerto Rico Dem. Pres. Primary Mar. 29 Feb. 13 - Mar. 29 3XHUWR5LFR 5HS3UHV3ULPDU\ 0DU -DQ0DU South Carolina Dem. Pres. Primary Feb. 29 Jan. 15 - Feb. 29 7HQQHVVHH 3UHVLGHQWLDO3ULPDULHV 0DU -DQ0DU 7H[DV 6WDWH 3UHV3ULPDULHV 0DU -DQ0DU 8WDK 3UHVLGHQWLDO3ULPDULHV 0DU -DQ0DU 9HUPRQW 3UHVLGHQWLDO3ULPDULHV 0DU -DQ0DU Virgin Islands Rep. Pres. Caucus Mar. 12 Jan. 27 - Mar. 12 9LUJLQLD 'HP3UHV3ULPDU\ 0DU -DQ0DU Washington Presidential Primaries Mar. 10 Jan. 25 - Mar. 10
Broadcasters Seek Reconsideration of Political File Orders continued from page 1 adjudication rather than a rulemaking proceeding. An SXEOLFFRPPHQWZKHQWKH\PDNHVLJQLÀFDQWUHYLVLRQVWRWKHLU adjudication proceeding typically involves the review of policies and regulations. NAB asserts that the Commission VSHFLÀF SDVW LQFLGHQWV LQYROYLQJ VSHFLÀF SDUWLHV VLPLODU created sweeping new recordkeeping and disclosure to a proceeding in a court. A rulemaking proceeding is UHTXLUHPHQWV IRU EURDGFDVWHUV ZLWKRXW WKH EHQHÀW RI LQSXW used to deliberate and adopt rules proscriptively that are from the industry that will have to comply with them. NAB generally applicable to broad groups of parties, similar says that the new requirements are, in some cases, unlawful, to the legislative process conducted by a legislature. The RYHUEURDGDQGGLFXOWLIQRWLPSRVVLEOHWRDSSO\ APA generally requires administrative agencies to conduct Under BCRA, stations are required to identify in their rulemaking proceedings with notice and the opportunity for continued on page 8
6 All-Digital Transmissions Proposed for AM Radio continued from page 1 Digital broadcasting would also allow AM stations to transmit The agency has also tentatively concluded that the DX[LOLDU\LQIRUPDWLRQVXFKDVVRQJDQGWLWOHLQIRUPDWLRQRU operating power limits for AM stations established in Section other metadata, to accompany the main channel programming. RIWKH&RPPLVVLRQ·V5XOHVDQGVSHFLILHGLQLQGLYLGXDO In 2002, the FCC approved a digital radio system originally VWDWLRQDXWKRUL]DWLRQVVKRXOGEHDSSOLHGWRWKHXQPRGXODWHG developed by iBiquity, tested by the National Radio Systems analog carrier signal for stations that have converted to all- Committee (“NRSC”), and currently owned and licensed to digital. The Commission also suggests that the HD Radio stations by Xperi under the brand name “HD Radio.” Emissions Mask referenced in the NRSC-5-D Standard The HD Radio system has service modes for AM hybrid should determine the power levels for the digital sidebands. (“MA1”), and all-digital (“MA3”). The hybrid system consists It requests comments as to whether this formula would of a combination of analog and digital signals, with the analog SUHVHUYHWKH&RPPLVVLRQ·VH[LVWLQJDOORFDWLRQVSULRULWLHVDQG VLJQDORFFXS\LQJFHQWHUEDQGRI.K]ZLWKGLJLWDOFDUULHUV whether it would be necessary to adjust digital power levels on either side of and underneath the analog signal. In 2002, LQ DQ HIIRUWWR UHSOLFDWH H[LVWLQJ DQDORJ FRYHUDJH 3URWHFWHG WKH)&&DXWKRUL]HG$0VWDWLRQVWRLPSOHPHQWRQDYROXQWDU\ VHUYLFH FRQWRXUV UHIOHFW D EDODQFH EHWZHHQ SURYLGLQJ basis the hybrid MA1 mode for daytime operations. Fewer DGHTXDWHVHUYLFHDUHDIRUHDFKVWDWLRQZKLOHPD[LPL]LQJWKH than 250 stations have done so. In the all-digital mode, there SRWHQWLDOnumber of station assignments, so the FCC is also is no modulated analog carrier signal, and the digital carriers requesting comments as to how this balance should be are moved toward center frequency with increased power. struck as the AM service converts to all-digital and whether This results in a “more robust signal” that is less vulnerable a change in power limits would encourage or discourage to adjacent channel interference. Both modes permit stations adoption of all-digital operations. WRRSHUDWHZLWKLQWKHH[LVWLQJDOORFDWLRQVDQGFKDQQHOVSDFLQJ The Commission invites comment on the impact that framework in the Commission’s Rules. An analog receiver the cost of converting to digital may have on the decision FDQQRW UHFHLYH DQ DOOGLJLWDO 0$ VLJQDO 6LQFH -XO\ by stations to convert. It has tentatively concluded that such WWFD(AM), Frederick, Maryland, has been operating in the costs are not prohibitive, and in any event, conversion will be DOOGLJLWDOPRGHZLWKDQH[SHULPHQWDOOLFHQVH%U\DQFLWHGWKLV voluntary. Commenters have suggested that an analog AM H[SHULPHQW IDYRUDEO\ LQ LWV 3HWLWLRQ DQG WKH &RPPLVVLRQ·V VWDWLRQ FDQEHFRQYHUWHGWRGLJLWDODWDFRVWRIDSSUR[LPDWHO\ current approach to all-digital AM is informed by testing and $12,000. Stations already operating in the hybrid mode will REVHUYDWLRQVIURPWKDWVWDWLRQ·VH[SHULHQFH need only minimal equipment changes to convert to all-digital. The NRSC has been instrumental in developing the 7KHUHFRUGGRHVUHIOHFWVRPHFRPPHQWHUV·FRQFHUQVDERXWWKH digital radio technical paradigm, known as the NRSC-5-D cost to use Xperi’s proprietary system – which is currently the 6WDQGDUG 7KH 6WDQGDUG SURYLGHV WHFKQLFDO VSHFLÀFDWLRQV only all-digital transmission system available to broadcasters. for IBOC transmission systems. It includes transmission According to Xperi’s previous comments, it charges an initial V\VWHP FKDUDFWHULVWLFV DQG WUDQVSRUW DQG VHUYLFH PXOWLSOH[ license fee of $10,000 for single main channel broadcasting, characteristics. The FCC proposes to adopt the NRSC-5-D with additional annual fees based on a percentage of revenues Standard for both digital modes at AM stations – hybrid and for each additional subchannel. DOOGLJLWDO 7KH WH[W RI WKH 156&' 6WDQGDUG LV DYDLODEOH Commenters are asked their views about the possible online at https://www.nrscstandards.org/standards-and- loss of listeners who do not migrate to the AM station’s FM guidelines/documents/standards/nrsc-5-d/nrsc-5-d.pdf. translator (if it has one) or do not acquire an all-digital receiver. The Commission asks whether it should to continue to rely Xperi states that there are 55 million vehicles in the United on this Standard as the adoption of digital AM broadcasting States equipped with HD Radio receivers. The Commission increases. asks whether that is enough penetration to achieve a critical The Commission has tentatively concluded that all- PDVV DXGLHQFH IRU GLJLWDO UDGLR DQG DVNV WR ZKDW H[WHQW digital operation would improve the quality of the audio on GLJLWDOreceivers are in use outside of automobiles. Conversely, AM radio. Tests demonstrate that the all-digital transmission if most of the stations in a market convert to all-digital, the generally produces a reliable signal out to the station’s analog FCC seeks comment on what impact the process will have 0.1 mV/m contour. However, some questions remain. Some on stations that remain analog and on the analog-only parties have suggested that an all-digital signal may be audience. In sum, the agency asks whether preserving the disruptive to co-channel and adjacent-channel analog signals. long-term economic viability of an AM station and the The characteristics of digital nighttime skywave propagation improved service to some listeners would justify the have been cited for causing increased interference. WWFD present-day loss of service to other listeners. has reported some impairment in the null of its nighttime Comments on these and related technical issues are directional coverage pattern. The agency seeks public comment VROLFLWHGLQ'RFNHW DQGPXVWEHILOHGZLWKLQGD\VRI on these issues to build a more complete record. If interference publication of notice of this proceeding in the Federal Register. is caused, the Commission asks whether it is a reasonable cost The deadline for submitting reply comments will be 90 days IRUWKHEHQHÀWRIEHWWHUTXDOLW\IRUPRVWOLVWHQHUV after that publication.
7 Broadcasters Seek Reconsideration of Political File Orders continued from page 6 SROLWLFDO ÀOHV UHIHUHQFHV WR SROLWLFDO PDWWHUV RI QDWLRQDO 1$% DUJXHV WKDW &RQJUHVV GLG QRW LQWHQG WR H[WHQG WKHVH importance included in political advertising. In the October requirements to state and local candidate ads and urged the RUGHUV WKH &RPPLVVLRQ FODULÀHG WKDW LW H[SHFWHG VWDWLRQV FCC to reverse this enlargement of the requirement. WR LGHQWLI\ DQG GRFXPHQW LQ WKH SROLWLFDO ÀOH DOO PDWWHUV NAB also noted the potential constitutional implications of national importance referenced in an advertisement. for rules arising from BCRA that are overly broad or vague. $FFRUGLQJWRWKH1$%WKLVEXUGHQVVWDWLRQVWDͿZLWKKDYLQJ %&5$VXUYLYHGD)LUVW$PHQGPHQWFKDOOHQJHLQD6XSUHPH to search for and identify every conceivable national issue Court ruling that held, in principle, that the government had a in a spot, under the threat of penalties for noncompliance, legitimate interest in requiring such recordkeeping. However, even in the case of good faith errors. NAB argues that this the Court left open the determination of how these regulations requirement should be limited to just the primary matter(s) should be applied. Government regulation of matters related addressed in the advertisement. NAB also took issue with to speech must be no more burdensome than is necessary ZKDW LW GHVFULEHG DV WKH )&&·V H[WUHPHO\ EURDG DQG LOO to accomplish the permitted purpose. NAB warned that the GHÀQHGGHWHUPLQDWLRQRIZKDWFRQVWLWXWHVDSROLWLFDOPDWWHU Commission’s new requirements are vulnerable to a First of national importance. Any issue discussed around the Amendment challenge, “given the lack of a substantial, RFH ZDWHU FRROHU PLJKW EH FRQVWUXHG WR TXDOLI\ IRU WKLV let alone compelling, government interest in requiring the GHÀQLWLRQH[FHSWSHUKDSVIRUH[WUHPHO\ORFDOPDWWHUVVXFKDV disclosure of myriad potential issues that could be mentioned a school bond issue. NAB urged the Commission to narrow in ads about local and state candidates and races.” WKLVGHÀQLWLRQ In sum, the NAB suggested that these new requirements %&5$ FDOOV IRU UHFRUGNHHSLQJ LQ WKH SROLWLFDO ÀOH may be counterproductive to the underlying purpose of DERXW VSRWV IHDWXULQJ FDQGLGDWHV IRU IHGHUDO HOHFWLYH RFH BCRA, i.e., to make political dialog more transparent. The and presentations about national legislative matters. EXUGHQRISHUVRQQHOFRVWVQHHGHGWRÁDJDQGGRFXPHQWWKH The Commission ruled that spots featuring state or local contents of each relevant ad, coupled with the risk of FCC candidates might also fall under this requirement if the ad enforcement action against per se violations, may discourage communicates a message that is political in nature and has stations from carrying such advertisements, resulting in a national importance. NAB points out that many issues can reduction of public discourse. KDYHRYHUODSSLQJÀHOGVRILQWHUHVWDQGLPSRUWDQFHLQERWK The Petition for Reconsideration is available on the FCC’s federal and state or local spheres. A state candidate’s mention ZHEVLWHDWKWWSV ZZZIFFJRYHFIVÀOLQJ of such an issue might not be intended to have national The Commission requests public comment on the Petition FRQWH[W ,Q DQ\ HYHQW RQFH HOHFWHG VWDWH DQG ORFDO RFH in Docket 19-393 by December 30. The deadline for holders have minimal impact on national political matters. reply comments is January 28. Deadline To Clean Up Old Kidvid Reports Is December 17 Earlier this year, the FCC revised its rules governing updated, and it will be closed for that purpose after December children’s television programming. These revisions included 6WDWLRQVQHHGLQJWRÀOHPLVVLQJUHSRUWVRUDPHQGUHSRUWV FKDQJLQJWKHVFKHGXOHIRUVWDWLRQVWRÀOH&KLOGUHQ·V7HOHYLVLRQ for previous quarters must do so by that date. Programming Reports from quarterly to annual. This has After December 17, 2019, if a station must amend a QHFHVVLWDWHG UHYLVLRQ RI WKH IRUP RQ ZKLFK UHSRUWV DUH ÀOHG SUHYLRXVO\ÀOHGTXDUWHUO\&KLOGUHQ·V5HSRUWRUÀOHDPLVVLQJ DQG XSGDWLQJ WKH SURFHGXUHV LQ WKH RQOLQH ÀOLQJ SRUWDO WKH &KLOGUHQ·V5HSRUWWKDWZDVQRWSUHYLRXVO\ÀOHGLWZLOOKDYH Licensing and Management System (“LMS”). to provide the necessary information in the form of an 7KHODVWTXDUWHUO\UHSRUWVZHUHGXHWREHÀOHGE\2FWREHU H[SODQDWRU\ GRFXPHQW 7KDW GRFXPHQW PXVW EH XSORDGHG 10 for the third quarter of 2019. A report covering the period to the station’s online Public Inspection File and placed IURP 6HSWHPEHU WKURXJK 'HFHPEHU LV WR EH ÀOHG LQ in the “Children’s Reports” section, in the folder entitled, January, and will be due by January 31. This assumes that ´$GGLWLRQDO'RFXPHQWVµ$QH[KLELWDERXWWKLVH[SODQDWRU\ WKH 2FH RI 0DQDJHPHQW DQG %XGJHW KDV UHYLHZHG DQG GRFXPHQW PXVW EH LQFOXGHG LQ WKH VWDWLRQ·V QH[W OLFHQVH approved the new report form by then. renewal application. To accommodate these changes, the LMS function must be
The Pillsbury Law ANTENNATM is an information service about current events in communications law published by Atlantic Star Media, Inc. This publication is produced RQO\WRUHSRUWRQFXUUHQWHYHQWVDQGIDFWXDOPDWWHUVLQWKHÀHOGRIFRPPXQLFDWLRQVODZ3XEOLFDWLRQDQGGLVVHPLQDWLRQRIWKLVPDWHULDOLVQRWLQWHQGHGWRFRQVWLWXWHWKH practice of law or the rendering of legal advice. No attorney-client relationship shall be deemed to exist between the provider and the reader or between the publisher and WKHUHDGHUDVDUHVXOWRIWKHSXEOLFDWLRQGLVVHPLQDWLRQGLVWULEXWLRQRURWKHUXVHRIWKLVPDWHULDO7KHSXEOLVKHUPDNHVLWVEHVWHͿRUWWRHQVXUHWKDWWKHLQIRUPDWLRQUHSRUWHG is accurate, but no warranty, express or implied, is given as to the accuracy or completeness of any information or statement published herein. Copyright 2019 by Atlantic Star Media, Inc. All rights reserved.
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