North Dakota Broadcasters
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Legal and Regulatory
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The FCC has thrown at the radio and television broadcast industry multiple, concurrent proceedings proposing numerous, re-regulatory requirements. There follows a further updated listing of Federal proceedings in which the State Broadcasters Associations have jointly participated since January 1, 2008 and will likely jointly participate in the upcoming months. If there are any other proceedings that you believe we should consider, please do not hesitate to let me know.
FCC Proceedings In Which Joint Comments Have Been and Will Likely Be Filed During The Coming Months:
- In the Matter of Amendment of Service and Eligibility Rules for FM Broadcast Translator Stations (MB Docket No. 07-172, Notice of Proposed Rule Making, Joint Comments filed on January 7, 2008, in support of the NAB's proposal to allow AM stations to use FM translators (pending without decision).
- In the Matter of Broadcast Localism (MB Docket No. 04-233), Motion For Extension of Deadline For Filing Comments and Reply Comments filed on February 21, 2008 (granted in full).
- In the Matter of Standardized and Enhanced Disclosure Requirements for Television Broadcast Licensee Public Interest Obligations (MM Docket No. 00-168), Joint Petition for Reconsideration filed on April 14, 2008, urging the FCC to use its own website (subject to minor modifications) as the online public inspection files for all television stations that do not wish to use their own websites for that purpose (pending without decision).
- In the Matter of Broadcast Localism (MB Docket No. 04-233), Joint Comments filed April 28, 2008 opposing all significant re-regulatory proposals (pending without decision).
- In the Matter of Standardized and Enhanced Disclosure Requirements for Television Broadcast Licensee Public Interest Obligations (MM Docket No. 00-168), we expect to file Joint Comments by the May 12, 2008deadline in an effort to persuade OMB to refuse to approve the new Television Disclosure Reporting (FCC Form 355) requirement and the new television online public inspection file requirement.
- In the Matter of Standardized and Enhanced Disclosure Requirements for Television Broadcast Licensee Public Interest Obligations (MM Docket No. 00-168), the NAB has appealed the new Television Disclosure Report (FCC Form 355) requirement. We expect either to file an Appeal of that requirement as well, or file forIntervention on the side of the NAB in its appeal, by the May 12, 2008 deadline.
- In re FCC Public Notice released April 11, 2008 entitled: "Media Bureau Seeks Comment on Possible Changes to FCC Forms 395-A and 395-B" (MM Docket No. 98-2044), we expect to file Joint Comments by the May 22, 2008 deadline registering the State Broadcasters Associations' continuing opposition, on constitutional grounds, to any FCC Form 395-B data that links a particular licensee or station to the data.
- In the Matter of Broadcast Localism (MB Docket No. 04233), we expect to file Joint Reply Comments by theJune 11, 2008 deadline.
- In the Matter of Standardized and Enhanced Disclosure Requirements for Television Broadcast Licensee Public Interest Obligations (MM Docket No. 00-168), a public interest group has petitioned for reconsideration of the new television online public inspection file requirement urging the FCC to expand the requirement by including, intern alia, the political file, and by enlarging the retention periods. We expect to file a Joint Opposition to the petition (deadline to file not yet determined).
- In the Matter of Standardized and Enhanced Disclosure Requirements for Television Broadcast Licensee Public Interest Obligations (MM Docket No. 00-168), it is expected that the our Joint Petition for Reconsideration will be opposed. If that occurs, we expect to file a Reply (deadline to file not yet determined).