September 22, 2023


Equality opinion

This Week in Regulation for Broadcasters: November 12 to November 18, 2022

FCC Seeks Comments on HD Radio Technical Standards – Could a Power Increase for Digital FM Radio Be Coming?

Listed here are some of the regulatory developments of significance to broadcasters from the previous week, with hyperlinks to the place you can go to find additional info as to how these actions could affect your functions.

  • On November 17, the FCC’s 2nd Discover of Proposed Rulemaking (“Second NPRM”) on overseas governing administration sponsored programming was released in the Federal Sign-up.  The Second NPRM seeks comment on proposals to enhance the FCC’s needs that each individual broadcaster validate regardless of whether any system time that it sells to 3rd parties (or any pre-developed programming that it gets for free) does not occur from a “foreign govt entity,” i.e., a overseas govt or a person of its agents.  The Federal Sign up publication sets the comment dates for the Next NPRM – with preliminary feedback due December 19, 2022, and reply feedback thanks by January 3, 2023.  In the 2nd NPRM, the FCC proposes, between other factors, that a licensee certify that it has knowledgeable any customer of application time of the foreign sponsorship identification rules and obtained, or sought to acquire, a certification from the plan purchaser stating, with standardized language proposed by the FCC, whether the consumer is or is not a “foreign governmental entity.” The FCC also proposes to have to have that all of those people certifications be integrated in a station’s on the net general public inspection file.  For even more track record on this continuing and its implications for broadcasters, see our articles below and below.
  • At the November 17 common every month open conference of the FCC, the Commissioners unanimously adopted a Report and Get to update its guidelines to detect Nielsen’s month to month Nearby Tv set Station Facts Report (“Local Television set Report”) as the new publication for identifying a tv station’s designated market place (“DMA”) for satellite and cable carriage needs, in place of the Nielsen Annual Station Index and House Estimates at present referenced in the procedures.  Also, in reaction to fears raised by Commissioner Simington, the Fee committed to monitoring the broadcast viewers measurement market place.  It inspired stakeholders to hold the FCC apprised of modifications in that marketplace.  For even more history about this proceeding, see our write-up listed here.
  • The FCC’s Media Bureau introduced that the FCC’s new FM broadcast directional antenna verification rules went into effect on November 10, 2022.  These new policies let for FM and LPFM directional antenna sample proofing by pc modeling performed by the directional antenna’s manufacturer.  Under the aged guidelines, an FM or LPFM directional antenna’s performance measured relative area pattern had to be verified utilizing either a comprehensive-scale mockup or a scale design on a exam selection or in an anechoic chamber.  The rule alter brings the FM principles in line with those for AM and DTV directional antennas.
  • In a speech at the Countrywide Affiliation of Farm Broadcasters, Commissioner Simington proposed that the FCC renew its initiatives to assistance AM radio. Amid his proposals ended up a revamping of FCC regulatory fees to simplicity the load on broadcasters, encouragement of vehicle companies to retain or incorporate AM in new cars and trucks, and FCC research of AM receiver benchmarks.  He also instructed that the FCC after again look at the potential for activating FM chips in cell units.  Observe to see if these tips progress at the FCC.
  •  In two the latest speeches to Washington teams, which includes 1 sent past 7 days to the Media Institute, Commissioner Geoffrey Starks talked about the alternatives introduced by ATSC 3., NextGen Tv set.  In both speeches he cautioned that, though the know-how presents many benefits, there are fears that its abilities to interact with online systems could impinge on consumer privacy.  He recommended that the FCC need to overview no matter if privateness rules have to have to be adopted to govern the use of any client data gathered through this new technologies.
  • Past 7 days, Sen. Ed Markey (D-MA) and Rep. Anna Eshoo (D-CA) introduced the Communications, Movie, and Technological know-how Accessibility Act of 2022 (“CVTAA”)(a push launch summarizes the plans).  Among the the proposals in the legislation is the extension of shut captioning obligations and the necessity for audio description of movie programming to on-line video vendors.  The laws would also call for the FCC to evaluation the principles it has on the good quality of closed captioning. Even though it is late in the legislative session and this proposal is unlikely to advance before the close of this Congress, seem for these concepts to reemerge in the new session of Congress that commences in January.