Sorry for interrupting, but there is something we need to tell you...

We have updated our Cookie Policy to reflect changes in the law on cookies used on websites in Europe. This website uses cookies to maximize your experience and help us to understand how we can improve it. To find out more click here.

Cookies are text files containing small amounts of data which are downloaded to your computer, or other device, when you visit a website. Cookies allow us to recognize your computer and improve your experience on our website. Some cookies are also necessary for the technical operation of our website. Please read our Cookie Policy which provides important information about the cookies we use, how we use them and how they can be deleted. Please remember that deleting cookies may affect your experience of our website.

Show less.

Accept and hide this message
Pillsbury Pillsbury Pillsbury
Pillsbury
Washington, DC
2300 N Street, NW
Washington, DC 20037-1122
Tel. +1.202.663.8167
Fax. +1.202.663.8007
Admissions
District of Columbia
State of California
Education
J.D., University of California, Los Angeles, School of Law, 1988
Editor, Law Review, 1987-88; Editor-in-Chief, Federal Communications Law Journal, 1987-88; Editor, Law Review, 1987-88; Assistant Managing Editor, Federal Communications Law Journal,1986-87; Externship, FCC, Office of the Chairman and Office of General Counsel, 1987; Summer Clerkship, U.S. Federal District Court for the Southern District of Indiana, 1986
B.A., Telecommunications, Indiana University, 1985
summa cum laude, Phi Beta Kappa

Professionals

Scott R. Flick

Scott R. Flick
Partner

July 2014
Cable and Satellite Royalty Claims Due to the Copyright Royalty Board by July 31, 2014
Authors: Lauren Lynch Flick, Scott R. Flick
This advisory is directed to television stations with locally-produced programming whose signals were carried by at least one cable system located outside the station’s local service area or by a satellite provider that provided service to at least one viewer outside the station’s local service area during 2013. These stations may be eligible to file royalty claims for compensation with the United States Copyright Royalty Board. These filings are due by Thursday, July 31, 2014 at 5:00 pm (EDT).

July 2014
2014 Second Quarter Issues/Programs List Advisory for Broadcast Stations
Author: Scott R. Flick
The next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ public inspection files by July 10, 2014, reflecting information for the months of April, May, and June 2014.
July 2014
2014 Second Quarter Children’s Television Programming Documentation
Authors: Lauren Lynch Flick, Scott R. Flick
The next Children’s Television Programming Report must be filed with the FCC and placed in stations’ public inspection files by July 10, 2014, reflecting programming aired during the months of April, May, and June 2014.
June 2014
FCC Enforcement Monitor
Authors: Scott R. Flick, Carly A. Deckelboim

Headlines:

  • Bad Legal Advice Leads to Admonishment for Public File Violations
  • $10,000 Fine for Tower Violation
  • Missing Emergency Alert System Equipment Results in $6,000 Fine
May 2014
FCC Enforcement Monitor
Authors: Scott R. Flick, Carly A. Deckelboim

Headlines:

  • FCC Proposes $11,000 Fine for Marketing of Unauthorized Device
  • $2,944,000 Fine for Robocalls Made Without Recipients’ Consent
  • Sponsorship Identification Complaint Leads to $185,000 Consent Decree
  • Premature Consummation of Transaction Results in $22,000 Consent Decree
May 2014
Political Broadcasting Advisory
Authors: Scott R. Flick, Clifford M. Harrington, Lauren Lynch Flick, Miles S. Mason, Richard R. Zaragoza, Paul A. Cicelski, John K. Hane, Christine A. Reilly, Carly A. Deckelboim, Andrew S. Kersting
This Advisory provides a review of the FCC’s political broadcasting regulations.
May 2014
Annual EEO Public File Report Deadline for Stations in Arizona, the District of Columbia, Idaho, Maryland, Michigan, Nevada, New Mexico, Ohio, Utah, Virginia, West Virginia, and Wyoming
Authors: Lauren Lynch Flick, Scott R. Flick
This Broadcast Station Advisory is directed to radio and television stations in Arizona, the District of Columbia, Idaho, Maryland, Michigan, Nevada, New Mexico, Ohio, Utah, Virginia, West Virginia, and Wyoming, and highlights the upcoming deadlines for compliance with the FCC’s EEO Rule.
May 2014
Biennial Ownership Reports are due by June 2, 2014 for Noncommercial Radio Stations in Michigan and Ohio and Noncommercial Television Stations in Arizona, the District of Columbia, Idaho, Maryland, Nevada, New Mexico, Utah, Virginia, West Virginia, and Wyoming
Authors: Lauren Lynch Flick, Scott R. Flick
The staggered deadlines for filing Biennial Ownership Reports by noncommercial radio and television stations remain in effect and are tied to each station’s respective license renewal filing deadline.
May 2014
Pre-Filing and Post-Filing License Renewal Announcement Reminder for TV Stations in California
Authors: Lauren Lynch Flick, Scott R. Flick
TV, Class A TV, and locally originating LPTV stations licensed to communities in California must begin airing pre-filing license renewal announcements on June 1, 2014. License renewal applications for all TV stations in California are due by August 1, 2014.
March 2014
2014 First Quarter Issues/Programs List Advisory for Broadcast Stations
Author: Scott R. Flick
The next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ public inspection files by April 10, 2014, reflecting information for the months of January, February, and March 2014.
March 2014
2014 First Quarter Children’s Television Programming Documentation
Authors: Lauren Lynch Flick, Scott R. Flick
The next Children’s Television Programming Report must be filed with the FCC and placed in stations’ public inspection files by April 10, 2014, reflecting programming aired during the months of January, February, and March 2014.
March 2014
Biennial Ownership Reports are due by April 1, 2014 for Noncommercial Radio Stations in Delaware, Indiana, Kentucky, Pennsylvania, and Tennessee and Noncommercial Television Stations in Texas
Authors: Lauren Lynch Flick, Scott R. Flick
The staggered deadlines for filing Biennial Ownership Reports by noncommercial radio and television stations remain in effect and are tied to each station’s respective license renewal filing deadline.
March 2014
Annual EEO Public File Report Deadline for Stations in Delaware, Indiana, Kentucky, Pennsylvania, Tennessee, and Texas
Authors: Lauren Lynch Flick, Scott R. Flick
This Broadcast Station Advisory is directed to radio and television stations in Delaware, Indiana, Kentucky, Pennsylvania, Tennessee, and Texas, and highlights the upcoming deadlines for compliance with the FCC’s EEO Rule.
March 2014
FCC Enforcement Monitor
Authors: Scott R. Flick, Carly A. Deckelboim
Headlines:

  • FCC Proposes $40,000 Fine for Public Inspection File/License Renewal Violations
  • Short-Term License Renewal and Hefty Fine for Missing QIP Lists
  • $5,000 Fine for FM Station’s Failure to Maintain Minimum Operating Hours

March 2014
Pre-Filing and Post-Filing License Renewal Announcement Reminder for TV Stations in Arizona, Idaho, New Mexico, Nevada, Utah, and Wyoming
Authors: Lauren Lynch Flick, Scott R. Flick
TV, Class A TV, and locally originating LPTV stations licensed to communities in Arizona, Idaho, New Mexico, Nevada, Utah, and Wyoming must begin airing pre-filing license renewal announcements on April 1, 2014. License renewal applications for all TV stations in these states are due by June 2, 2014.
February 2014
FCC Enforcement Monitor
Authors: Scott R. Flick, Carly A. Deckelboim

Headlines:

  • FCC Limits License Renewal to Two Years and Assesses $4,000 Fine
  • $24,000 Consent Decree for Incomplete Public Inspection File
  • Hotels Cited for Exceeding Signal Leakage Limits in Aeronautical Bands
January 2014
Biennial Ownership Reports are due by February 3, 2014 for Noncommercial Radio Stations in Arkansas, Louisiana, Mississippi, New Jersey, and New York and Noncommercial Television Stations in Kansas, Nebraska, and Oklahoma
Authors: Lauren Lynch Flick, Scott R. Flick
The staggered deadlines for filing Biennial Ownership Reports by noncommercial radio and television stations remain in effect and are tied to each station’s respective license renewal filing deadline.
January 2014
Annual EEO Public File Report Deadline for Stations in Arkansas, Kansas, Louisiana, Mississippi, Nebraska, New Jersey, New York, and Oklahoma
Authors: Lauren Lynch Flick, Scott R. Flick
This Broadcast Station Advisory is directed to radio and television stations in Arkansas, Kansas, Louisiana, Mississippi, Nebraska, New Jersey, New York, and Oklahoma, and highlights the upcoming deadlines for compliance with the FCC’s EEO Rule.
January 2014
FCC Enforcement Monitor
Authors: Scott R. Flick, Carly A. Deckelboim
Headlines:

  • FCC Admonishes Television Stations for “Host-Selling” to Children
  • $7,500 Fine Imposed for Documents Missing From Public Inspection File
  • $17,000 Fine for Unauthorized Operation of a Radio Transmitter

January 2014
2013 Fourth Quarter Children’s Television Programming Documentation
Authors: Lauren Lynch Flick, Scott R. Flick
The next Children’s Television Programming Report must be filed with the FCC and placed in stations’ public inspection files by January 10, 2014, reflecting programming aired during the months of October, November, and December 2013.
January 2014
2013 Fourth Quarter Issues/Programs List Deadline for Broadcast Stations
Author: Scott R. Flick
The next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ public inspection files by January 10, 2014, reflecting information for the months of October, November, and December 2013.
December 2013
2014 Broadcasters’ Calendar
Authors: Paul A. Cicelski, Scott R. Flick, Lauren Lynch Flick, John K. Hane, Clifford M. Harrington, Miles S. Mason, Christine A. Reilly, Richard R. Zaragoza, Andrew S. Kersting

Items of Note in 2014

  1. Applications for Renewal of License: The three-year long license renewal cycles for broadcast stations in radio services (AM, FM, FM Translator, LPFM), which began on June 1, 2011, and for television services (television, Class A, LPTV, TV Translator), which began on June 1, 2012, continue in 2014. The date on which a station's license renewal application is due depends on the state or territory in which its community of license is located. All licensees should familiarize themselves now with the dates associated with this important filing, including the dates on which public notice announcements must air in advance of the license renewal filing; the filing date itself, which is four months before the date of license expiration; and the dates on which post-filing announcements must air.
December 2013
Pre-Filing and Post-Filing License Renewal Announcement Reminder for Radio Stations in Delaware and Pennsylvania
Authors: Lauren Lynch Flick, Scott R. Flick
Full power commercial and noncommercial radio stations and LPFM stations licensed to communities in Delaware and Pennsylvania must begin airing pre-filing license renewal announcements on February 1, 2014. License renewal applications for these stations, and for in-state FM translator stations, are due by April 1, 2014.
December 2013
Pre-Filing and Post-Filing License Renewal Announcement Reminder for TV Stations in Texas
Authors: Lauren Lynch Flick, Scott R. Flick
TV, Class A TV, and certain LPTV stations licensed to communities in Texas must begin airing pre-filing license renewal announcements on February 1, 2014. License renewal applications for these stations and in-state TV translator stations are due by April 1, 2014.
December 2013
FCC Enforcement Monitor
Authors: Scott R. Flick, Paul A. Cicelski

Headlines

  • FCC Cancels $20,000 Children’s Television Fine
  • Fine and Reporting Requirements Imposed for EEO Violations
  • Individual Fined $15,000 for Unauthorized Operation of a Radio Transmitter
November 2013
FCC Enforcement Monitor
Authors: Scott R. Flick, Paul A. Cicelski

Headlines:

  • Multiple Indecency Complaints Result in $110,000 Payment
  • $42,000 in Fines for Excessive Power, Wrong Directional Patterns and Incomplete Public Inspection Files
  • Cable Operator Fined $25,000 for Children’s Programming Reports
November 2013
Annual EEO Public File Report Deadline for Stations in Alabama, Colorado, Connecticut, Georgia, Maine, Massachusetts, Minnesota, Montana, New Hampshire, North Dakota, Rhode Island, South Dakota, and Vermont
Authors: Lauren Lynch Flick, Scott R. Flick
This Broadcast Station Advisory is directed to radio and television stations licensed to communities in Alabama, Colorado, Connecticut, Georgia, Maine, Massachusetts, Minnesota, Montana, New Hampshire, North Dakota, Rhode Island, South Dakota, and Vermont, and highlights the upcoming deadlines for compliance with the FCC’s EEO Rule.
November 2013
Pre-Filing and Post-Filing License Renewal Announcement Reminder for Radio Stations in New Jersey and New York
Authors: Lauren Lynch Flick, Scott R. Flick
Full power commercial and noncommercial radio stations and LPFM stations licensed to communities in New Jersey or New York must begin airing pre-filing license renewal announcements on December 1, 2013. License renewal applications for these stations, and for in-state FM translator stations, are due by February 3, 2014.
November 2013
Pre-Filing and Post-Filing License Renewal Announcement Reminder for TV Stations in Kansas, Nebraska, and Oklahoma
Authors: Lauren Lynch Flick, Scott R. Flick
TV, Class A TV, and certain LPTV stations licensed to communities in Kansas, Nebraska, and Oklahoma must begin airing pre-filing license renewal announcements on December 1, 2013. License renewal applications for these stations and in-state TV translator stations are due by February 3, 2014.
November 2013
Annual DTV Ancillary/Supplementary Services Report Due for Commercial and Noncommercial Digital Television Stations
Authors: Lauren Lynch Flick, Scott R. Flick
All commercial and noncommercial educational digital television broadcast station licensees and permittees must file FCC Form 317 by December 2, 2013.
November 2013
Biennial Ownership Reports are due by December 2, 2013 for Noncommercial Radio Stations in Alabama, Connecticut, Georgia, Massachusetts, Maine, New Hampshire, Vermont, and Rhode Island and Television stations in Colorado, Minnesota, Montana, North Dakota, and South Dakota
Authors: Lauren Lynch Flick, Scott R. Flick
The staggered deadlines for filing Biennial Ownership Reports by noncommercial radio and television stations remain in effect and are tied to each station’s respective license renewal filing deadline.
October 2013
FCC Enforcement Monitor
Authors: Scott R. Flick, Paul A. Cicelski

Headlines

  • Online Public File Violations and Failure to Respond Result in $14,400 Fine
  • Unlicensed Broadcast Operation Draws $7,000 Fine
  • Fines Continue for Class A Children’s Television Violations
October 2013
2013 Third Quarter Issues/Programs List Advisory for Broadcast Stations
Authors: Scott R. Flick, Lauren Lynch Flick
The next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ public inspection files by October 10, 2013, reflecting information for the months of July, August, and September 2013.
October 2013
2013 Third Quarter Children’s Television Programming Documentation
Authors: Lauren Lynch Flick, Scott R. Flick
The next Children’s Television Programming Report must be filed with the FCC and placed in stations’ public inspection files by October 10, 2013, reflecting programming aired during the months of July, August, and September 2013.
September 2013
FCC Enforcement Monitor
Authors: Scott R. Flick, Paul A. Cicelski

Headlines:

  • FCC Assesses Substantial Fine for Antenna Lighting Outage
  • Big Fines for Children’s Television Violations
September 2013
Tobacco Advertising Q&A
Authors: Scott R. Flick, Paul A. Cicelski
While it has been decades since Congress banned cigarette ads from the airwaves, broadcasters continue to ask for advice on whether they may air certain types of tobacco-related advertisements. In fact, questions in this area of law appear to be on the increase, particularly with the advent of “e-cigarette” advertising. In order to assist broadcasters in complying with tobacco advertising restrictions, we offer the following Q&A for tobacco-related spots.
September 2013
Biennial Ownership Reports are due by October 1, 2013 for Noncommercial Radio Stations in Alaska, American Samoa, Florida, Guam, Hawaii, the Mariana Islands, Oregon, Puerto Rico, Saipan, the Virgin Islands, or Washington and Noncommercial Television Stations in Iowa or Missouri
Authors: Lauren Lynch Flick, Scott R. Flick
The staggered deadlines for filing Biennial Ownership Reports by noncommercial radio and television stations remain in effect and are tied to each station’s respective license renewal filing deadline.
September 2013
Pre-Filing and Post-Filing License Renewal Announcement Reminder for TV Stations in Colorado, Minnesota, Montana, North Dakota, and South Dakota
Authors: Lauren Lynch Flick, Scott R. Flick
TV, Class A TV, and certain LPTV stations licensed to communities in Colorado, Minnesota, Montana, North Dakota, and South Dakota must begin airing pre-filing license renewal announcements on October 1, 2013. License renewal applications for these stations and in-state TV translator stations are due by December 2, 2013.
September 2013
Pre-Filing and Post-Filing License Renewal Announcement Reminder for Radio Stations in Connecticut, Maine, Massachusetts, New Hampshire, Vermont, and Rhode Island
Authors: Lauren Lynch Flick, Scott R. Flick
Full power commercial and noncommercial radio stations and LPFM stations licensed to communities in Connecticut, Maine, Massachusetts, New Hampshire, Vermont, or Rhode Island must begin airing pre-filing license renewal announcements on October 1, 2013. License renewal applications for these stations, and for in-state FM translator stations, are due by December 2, 2013.
September 2013
Annual EEO Public File Report Deadline for Stations in Alaska, Florida, Hawaii, Iowa, Missouri, Oregon, Puerto Rico, Virgin Islands, Washington, Guam, Mariana Islands, American Samoa, and Saipan
Authors: Lauren Lynch Flick, Scott R. Flick
This Broadcast Station Advisory is directed to radio and television stations located in the states listed above and highlights the upcoming deadlines for compliance with the FCC’s EEO Rule.
August 2013
FCC Enforcement Monitor
Authors: Scott R. Flick, Paul A. Cicelski

Headlines:

  • FCC Catches GPS Jammer at Airport
  • $75,000 Consent Decree Adopted for Class A TV Violations
July 2013
Annual EEO Public File Report Deadline for Stations in California, Illinois, North Carolina, South Carolina, or Wisconsin
Authors: Lauren Lynch Flick, Scott R. Flick
This Broadcast Station Advisory is directed to radio and television stations licensed to communities in California, Illinois, North Carolina, South Carolina, or Wisconsin, and highlights the upcoming deadlines for compliance with the FCC’s EEO Rule.
July 2013
Biennial Ownership Reports are due by August 1, 2013 for Noncommercial Radio Stations in California, North Carolina, or South Carolina and Noncommercial Television Stations in Illinois or Wisconsin
Authors: Lauren Lynch Flick, Scott R. Flick
The staggered deadlines for filing Biennial Ownership Reports by noncommercial radio and television stations remain in effect and are tied to each station’s respective license renewal filing deadline.
July 2013
Pre-Filing and Post-Filing License Renewal Announcement Reminder for Radio Stations in Alaska, American Samoa, Guam, Hawaii, the Mariana Islands, Oregon, Saipan, or Washington
Authors: Scott R. Flick, Lauren Lynch Flick
Full power commercial and noncommercial radio stations and LPFM stations licensed to communities in Alaska, American Samoa, Guam, Hawaii, the Mariana Islands, Oregon, Saipan, or Washington must begin airing pre-filing license renewal announcements on August 1, 2013. License renewal applications for these stations, and for in-state FM translator stations, are due by October 1, 2013.
July 2013
Pre-Filing and Post-Filing License Renewal Announcement Reminder for TV Stations in Iowa and Missouri
Authors: Scott R. Flick, Lauren Lynch Flick
TV, Class A TV, and certain LPTV stations licensed to communities in Iowa and Missouri must begin airing pre-filing license renewal announcements on August 1, 2013. License renewal applications for these stations and in-state TV translator stations are due by October 1, 2013.
July 2013
Cable and Satellite Royalty Claims Due to the Copyright Royalty Board by July 31, 2013
Authors: Scott R. Flick, Lauren Lynch Flick
This Advisory is directed to television stations with locally-produced programming whose signals were carried by at least one cable system located outside the station’s local service area or by a satellite provider that provided service to at least one viewer outside the station’s local service area during 2012. These stations may be eligible to file royalty claims for compensation with the United States Copyright Royalty Board. These filings are due by Wednesday, July 31, 2013 at 5:00pm (EDT).
June 2013
FCC Enforcement Monitor
Authors: Scott R. Flick, Paul A. Cicelski
Headlines:
  • FCC Issues Heavy Fines for Late-Filed Children’s Television Programming Reports


  • Motel with Multichannel Video Programming Distribution System is Cited for Excessive Cable Signal Leakage

June 2013
2013 Second Quarter Children’s Television Programming Documentation
Authors: Scott R. Flick, Lauren Lynch Flick
The next Children’s Television Programming Report must be filed with the FCC and placed in stations’ public inspection files by July 10, 2013, reflecting programming aired during the months of April, May, and June 2013.
June 2013
2013 Second Quarter Issues/Programs List Advisory for Broadcast Stations
Author: Scott R. Flick
The next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ public inspection files by July 10, 2013, reflecting information for the months of April, May, and June 2013.
May 2013
FCC Enforcement Monitor
Authors: Scott R. Flick, Paul A. Cicelski
Headlines:
  • FCC Establishes New Enforcement Policy for Student-Run Noncommercial Radio Stations
  • CB Radio Owner Receives Fine for Harmful Interference and Lack of Responsiveness
May 2013
Pre-Filing and Post-Filing License Renewal Announcement Reminder for Radio Stations in California
Authors: Lauren Lynch Flick, Scott R. Flick
Full power commercial and noncommercial radio stations and LPFM stations licensed to communities in California must begin airing pre-filing license renewal announcements on June 1, 2013. License renewal applications for these stations, and for in-state FM translator stations, are due by August 1, 2013.
May 2013
Pre-Filing and Post-Filing License Renewal Announcement Reminder for TV Stations in Illinois and Wisconsin
Authors: Lauren Lynch Flick, Scott R. Flick
TV, Class A TV, and certain LPTV stations licensed to communities in Illinois and Wisconsin must begin airing pre-filing license renewal announcements on June 1, 2013. License renewal applications for these stations and in-state TV translator stations are due by August 1, 2013.
May 2013
Biennial Ownership Reports are due by June 3, 2013 for Noncommercial Radio Stations in Arizona, Idaho, Maryland, Nevada, New Mexico, Utah, Virginia, Washington, D.C., West Virginia, or Wyoming and Noncommercial Television Stations in Michigan or Ohio
Authors: Scott R. Flick, Lauren Lynch Flick
The staggered deadlines for filing Biennial Ownership Reports by noncommercial radio and television stations remain in effect and are tied to each station’s respective license renewal filing deadline.
May 2013
Annual EEO Public File Report Deadline for Stations in Arizona, Idaho, Maryland, Michigan, Nevada, New Mexico, Ohio, Utah, Virginia, Washington, D.C., West Virginia, or Wyoming
Authors: Scott R. Flick, Lauren Lynch Flick
This Broadcast Station Advisory is directed to radio and television stations licensed to communities in Arizona, Idaho, Maryland, Michigan, Nevada, New Mexico, Ohio, Utah, Virginia, Washington, D.C., West Virginia, or Wyoming, and highlights the upcoming deadlines for compliance with the FCC’s EEO Rule.
April 2013
FCC Enforcement Monitor
Authors: Paul A. Cicelski, Scott R. Flick
Headlines:

  • Assignment of Paired AM Stations Denied by the FCC


  • Use of Illegal Cell Phone Jammers Leads to Fines in Excess of $125,000

March 2013
FCC Enforcement Monitor
Authors: Paul A. Cicelski, Scott R. Flick
Headlines:

  • Delay in Providing Access to Public Inspection File Leads to Fine


  • FCC Fines Broadcaster for Antenna Tower Fencing, EAS and Public Inspection File Violations

March 2013
2013 First Quarter Children’s Television Programming Documentation
Authors: Lauren Lynch Flick, Scott R. Flick
The next Children’s Television Programming Report must be filed with the FCC and placed in stations’ public inspection files by April 10, 2013, reflecting programming aired during the months of January, February, and March 2013.
March 2013
2013 First Quarter Issues/Programs List Advisory for Broadcast Stations
Author: Scott R. Flick
The next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ public inspection files by April 10, 2013, reflecting information for the months of January, February, and March 2013.
March 2013
Pre-Filing and Post-Filing License Renewal Announcement Reminder for TV Stations in Michigan or Ohio
Authors: Lauren Lynch Flick, Scott R. Flick
TV, Class A TV, and certain LPTV stations licensed to communities in Michigan or Ohio must begin airing pre-filing license renewal announcements on April 1, 2013. License renewal applications for these stations and in-state TV translator stations are due by June 3, 2013.
March 2013
Pre-Filing and Post-Filing License Renewal Announcement Reminder for Radio Stations in Arizona, Idaho, New Mexico, Nevada, Utah, or Wyoming
Authors: Lauren Lynch Flick, Scott R. Flick
Full power commercial and noncommercial radio stations and LPFM stations licensed to communities in Arizona, Idaho, New Mexico, Nevada, Utah, or Wyoming must begin airing pre-filing license renewal announcements on April 1, 2013. License renewal applications for these stations, and for in-state FM translator stations, are due by June 3, 2013.
March 2013
Annual EEO Public File Report Deadline for Stations in Delaware, Indiana, Kentucky, Pennsylvania, Tennessee, or Texas
Authors: Lauren Lynch Flick, Scott R. Flick
This Broadcast Station Advisory is directed to radio and television stations licensed to communities in Delaware, Indiana, Kentucky, Pennsylvania, Tennessee, or Texas and highlights the upcoming deadlines for compliance with the FCC’s EEO Rule.
March 2013
Biennial Ownership Reports are due by April 1, 2013 for Noncommercial Radio Stations in Texas and Noncommercial Television Stations in Delaware, Indiana, Kentucky, Pennsylvania, or Tennessee
Authors: Lauren Lynch Flick, Scott R. Flick
The staggered deadlines for filing Biennial Ownership Reports by noncommercial radio and television stations remain in effect and are tied to each station’s respective license renewal filing deadline.
February 2013
FCC Enforcement Monitor
Authors: Scott R. Flick, Paul A. Cicelski
Headlines:

  • FCC Takes Action against Intentional Interference and Unlicensed Operations


  • FCC Assesses $25,000 Fines for Unresponsiveness

February 2013
The FCC's Equal Employment Opportunity Rules and Policies – A Guide for Broadcasters
Authors: Paul A. Cicelski, Scott R. Flick, Lauren Lynch Flick, John K. Hane, Clifford M. Harrington, Miles S. Mason, Christine A. Reilly, Richard R. Zaragoza, Andrew S. Kersting

Introduction

June 1, 2011 marked the beginning of a four-year cycle during which all commercial and noncommercial radio and television stations in the United States will come under special scrutiny by the Federal Communications Commission (“FCC” or “Commission”) as the FCC considers whether to renew each station’s license to broadcast.
January 2013
FCC Enforcement Monitor
Authors: Scott R. Flick, Paul A. Cicelski
Headlines:

  • FCC Assesses $8,000 Fine for EAS Equipment Installation Problems
  • Notice of Violation Issued against FM Station for a Variety of Reasons

December 2012
2013 Broadcasters' Calendar
Authors: Paul A. Cicelski, Scott R. Flick, Lauren Lynch Flick, John K. Hane, Clifford M. Harrington, Miles S. Mason, Christine A. Reilly, Richard R. Zaragoza, Andrew S. Kersting
Items of Note in 2013

  1. Applications for Renewal of License: The three-year long license renewal cycles for broadcast stations in radio services (AM, FM, FM Translator), which began on June 1, 2011, and for television services (television, Class A, LPTV, TV Translator), which began on June 1, 2012, continue in 2013. The date on which a station's license renewal application is due depends on the state or territory in which its community of license is located. All licensees should familiarize themselves now with the dates associated with this important filing, including the dates on which public notice announcements must air in advance of the license renewal filing; the filing date itself, which is approximately four months before the date of license expiration; and the dates on which post-filing announcements must air.

December 2012
FCC Enforcement Monitor
Authors: Scott R. Flick, Lauren A. Birzon
Headlines:

  • FCC Issues Multiple Forfeitures for Unauthorized Marketing of Transmitters
  • FCC Proposes $35,000 in Fines for Unauthorized Radio Operations

December 2012
2012 Fourth Quarter Issues/Programs List Advisory for Broadcast Stations
Author: Scott R. Flick
The next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ public inspection files by January 10, 2013, reflecting information for the months of October, November, and December 2012.
November 2012
FCC Enforcement Monitor
Authors: Scott R. Flick, Lauren A. Birzon
Headlines:

  • FCC Punishes the Operators of an Unlicensed FM Station
  • FCC Investigates Antenna Structure Violations
October 2012
FCC Enforcement Monitor
Authors: Scott R. Flick, Lauren A. Birzon
Headlines:

  • FCC Takes Action against Illegal Jamming Devices
  • Unlicensed Transmitter Gets Renter into Trouble

October 2012
FCC Releases Proposals for Broadcast Spectrum Incentive Auctions
Authors: Paul A. Cicelski, Scott R. Flick
The FCC released its long-awaited Notice of Proposed Rulemaking (NPRM) to begin the process of auctioning and repurposing broadcast television spectrum for mobile broadband use. Comments are due on December 21, 2012, and reply comments are due on February 19, 2013.
October 2012
2012 Third Quarter Issues/Programs List Advisory for Broadcast Stations
Author: Scott R. Flick
The next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ public inspection files by October 10, 2012, reflecting information for the months of July, August, and September 2012.
September 2012
FCC Enforcement Monitor
Authors: Scott R. Flick, Lauren A. Birzon
Headlines:
  • FCC Follows Up a $25,000 Fine With a $236,500 Fine
  • Two Tower Owners Fined for Fading Paint

August 2012
FCC Enforcement Monitor
Authors: Scott R. Flick, Lauren A. Birzon
Special Issue: Recent FCC Actions Provide a Detailed (and Expensive) Look at Section 73.1206, the Prohibition on Recording Telephone Calls for Broadcast

July 2012
FCC Enforcement Monitor
Authors: Scott R. Flick, Lauren A. Birzon
Headlines:
  • FCC Assesses $68,000 in Fines for Unauthorized STL Operations
  • EAS Failures Lead to $8,000 Fine

July 2012
Cable and Satellite Royalty Claims Due to the Copyright Royalty Board by July 31, 2012
Authors: Scott R. Flick, Lauren Lynch Flick
This advisory is directed to television stations with locally-produced programming whose signals were carried by at least one cable system located outside the station’s local service area or by a satellite provider that provided service to at least one viewer outside the station’s local service area during 2011. These stations may be eligible to file royalty claims for compensation with the United States Copyright Royalty Board. These filings are due by Tuesday, July 31, 2012 at 5:00pm (EDT).
June 2012
FCC Enforcement Monitor
Authors: Scott R. Flick, Lauren A. Birzon
Headlines:
  • Long-Term Violation of an FCC Order Leads to $25,000 Forfeiture
  • FCC Issues $10,000 Fines for Obstruction Lighting Violations

June 2012
2012 Second Quarter Issues/Programs List Advisory for Broadcast Stations
Authors: Scott R. Flick, Christine A. Reilly
The next Quarterly Issues/Programs List ("Quarterly List") must be placed in stations' local inspection files by July 10, 2012, reflecting information for the months of April, May, and June 2012.
May 2012
FCC Enforcement Monitor
Authors: Scott R. Flick, Lauren A. Birzon
Headlines:
  • FCC Fines Noncommercial Educational Station $12,500 for Ads
  • Public Inspection File Violations Lead to Three Short Term License Renewals
  • Main Studio Violations and Unauthorized Operations Garner $21,500 Fine

May 2012
Pre-Filing and Post-Filing License Renewal Announcement Reminder for TV Stations in North Carolina and South Carolina
Authors: Lauren Lynch Flick, Scott R. Flick
TV, Class A TV, LPTV, and TV translator stations licensed to communities in North Carolina and South Carolina must begin airing pre-filing license renewal announcements on June 1, 2012. License renewal applications for these stations are due by August 1, 2012.
April 2012
FCC Enforcement Monitor
Authors: Scott R. Flick, Lauren A. Birzon
Headlines:
  • The FCC's $10,000 fines for items missing from the public inspection file continue
  • License cancellation no obstacle to FCC proposing $18,000 fine against former broadcaster

April 2012
Political Broadcasting Advisory
Authors: Scott R. Flick, Clifford M. Harrington, Lauren Lynch Flick, Miles S. Mason, Richard R. Zaragoza, Paul A. Cicelski, John K. Hane, Christine A. Reilly, Lauren A. Birzon, Andrew S. Kersting

Introduction

Ten years after adoption of the Bipartisan Campaign Reform Act (“BCRA”) of 2002, popularly known as “McCain-Feingold,” Congress’ and the FCC’s interest in political broadcasting and political advertising practices remains undiminished. Broadcast stations must ensure that a broad range of federal mandates are met, providing “equal opportunities” to all candidates using the stations facilities, affording federal candidates for public office “reasonable access” and treating all candidates for public office no less favorably than the station treats its most favored advertisers. Accordingly, it is imperative that broadcasters be very familiar with what is expected of them in this regulatory area, that they have adequate policies and practices in place to ensure full compliance, and that they remain vigilant to legislative, FCC, and FEC changes in the law.
March 2012
2012 First Quarter Issues/Programs List Advisory for Broadcast Stations
Authors: Scott R. Flick, Christine A. Reilly
The next Quarterly Issues/Programs List ("Quarterly List") must be placed in stations' local inspection files by April 10, 2012, reflecting information for the months of January, February, and March 2012.
March 2012
Pre-Filing and Post-Filing License Renewal Announcement Reminder for TV Stations in Maryland, Virginia, West Virginia, and Washington DC
Authors: Scott R. Flick, Lauren Lynch Flick
TV, Class A TV, LPTV, and TV translator stations licensed to communities in Maryland, Virginia, West Virginia, and Washington DC must begin airing pre-filing license renewal announcements on April 1, 2012. License renewal applications for these stations are due by June 1, 2012.
February 2012
FCC Enforcement Monitor
Authors: Scott R. Flick, Christine A. Reilly
Headlines:
  • Inadequate Sponsorship ID Ends with $44,000 Fine
  • Unattended Main Studio Fine Warrants Upward Adjustment
  • $16,000 Consent Decree Seems Like a Deal
January 2012
FCC Enforcement Monitor
Authors: Scott R. Flick, Christine A. Reilly
Headlines:
  • Failure to Refresh Tower Paint Garners $8,000 Fine
  • FCC Levies $25,000 Fine for Failure to Respond
  • $85,000 Consent Decree Terminates Investigation Into Unauthorized Transfers of Control
1/26/2012
FCC Sets Comment Dates for Broadcast Ownership Rule Review
Authors: Scott R. Flick, Lauren Lynch Flick
The Comment and Reply Comment dates have been set for the FCC's Notice of Proposed Rulemaking in the Congressionally-mandated Quadrennial Regulatory Review of the FCC's broadcast ownership rules. Comments are due on March 5, 2012 and Reply Comments are due on April 3, 2012.
January 2012
2012 Broadcasters' Calendar
Authors: Paul A. Cicelski, Scott R. Flick, Lauren Lynch Flick, Richard R. Zaragoza, Christine A. Reilly, Lauren A. Birzon
Items of Note in 2012

I. Applications for Renewal of License: The three year long license renewal cycle for broadcast stations in radio services (AM, FM, FM Translator) which began on June 1, 2011 continues in 2012. Licensees in the television services will begin the license renewal process in 2012, starting with television, Class A, LPTV, and TV translator stations located in Maryland, Virginia, West Virginia, and Washington, D.C., whose license renewal applications must be filed by June 1, 2012. The date on which a station's license renewal application is due depends on the state or territory in which its community of license is located. All licensees should familiarize themselves now with the dates associated with this important filing, including the dates on which public notice announcements must air in advance of the license renewal filing; the filing date itself, which is approximately four months before the date of license expiration; and the dates on which post-filing announcements must air.

December 2011
FCC Enforcement Monitor
Authors: Scott R. Flick, Christine A. Reilly
Headlines:
  • Failure to Monitor and Repair EAS Equipment Nets $8,000 Fine
  • Fines for Late-filled License Renewals Continue
  • $25,000 Fine for Failure to Answer FCC Correspondence
November 2011
FCC Enforcement Monitor
Authors: Scott R. Flick, Christine A. Reilly
Headlines:
  • Malfunctioning Monitor Costs Broadcaster $10,000
  • FCC Fines Tower Owner $13,000 For Lighting and Ownership Issues
October 2011
FCC Enforcement Monitor
Authors: Scott R. Flick, Christine A. Reilly
Headlines:

  • Cable Operator Subject to $25,000 Fine for EAS and Signal Leakage Violations
  • Late-filed Renewals Garner $26,000 Fine
September 2011
FCC Enforcement Monitor
Authors: Scott R. Flick, Christine A. Reilly
Headlines:
  • Low Power Broadcaster’s Defiance Results in $7,000 Upward Adjustment
  • Unauthorized Post-Sunset Operations Lead to $4,000 Fine for AM Station
August 2011
FCC Enforcement Monitor
Authors: Scott R. Flick, Christine A. Reilly
Headlines:
  • Late-Filed License Application Garners $7,000 Fine
  • FCC Fines Noncommercial Broadcaster $5,000 for Alien Ownership Violation
8/10/2011
Special Advisory for Commercial and Noncommercial Broadcasters: Meeting the Radio and Television Public Inspection File Requirements
Authors: Scott R. Flick, Lauren Lynch Flick
This Advisory is designed to help commercial and noncommercial radio and television stations comply with the FCC’s public inspection file rules. See 47 C.F.R. §§ 73.3526 and 73.3527. This Advisory tracks the public access, content, retention and organizational requirements of those regulations. Previous editions of this Advisory are obsolete, and should not be relied upon.
July 2011
FCC Enforcement Monitor
Authors: Scott R. Flick, Christine A. Reilly
Headlines:
  • FCC Increases Fine to $25,000 for Main Studio and Public File Violations
  • FCC Reaffirms $10,000 Public File Violation Against Student-Run Noncommercial FM Station
7/21/2011
Cable and Satellite Royalty Claims Due to be filed with Copyright Royalty Board by August 1, 2011
Authors: Scott R. Flick, Lauren Lynch Flick
This advisory is directed to television stations with locally-produced programming whose signals were carried by at least one cable system located outside the station's local service area or by a satellite provider which provided service to at least one viewer outside the station's local service area during 2010. Such stations may be eligible to file royalty claims for compensation with the United States Copyright Royalty Board in Washington, DC. These filings are due by Monday, August 1, 2010 at 5pm (EDT) because the customary deadline of July 31 falls on a weekend.
7/6/2011
2011 Second Quarter Issues/Programs List Advisory for Broadcast Stations
Authors: Scott R. Flick, Christine A. Reilly
The next Quarterly Issues/Programs List ("Quarterly List") must be placed in stations' local public inspection files by July 10, 2011, reflecting information for the months of April, May and June, 2011.
June 2011
FCC Enforcement Monitor
Authors: Scott R. Flick, Christine A. Reilly
Headlines:
  • FCC Fines FM Broadcaster an Extra $5,000 For Inaction
  • Inaccurate Tower Ownership Information Ends in $3,000 Fine
5/27/2011
FCC Enforcement Monitor
Authors: Scott R. Flick, Christine A. Reilly
Headlines:
  • FCC Fines FM Broadcaster for Excessive Power and RF Radiation Levels
  • Forfeiture More Than Triples After Consent Decree Default
4/27/2011
FCC Enforcement Monitor
Authors: Scott R. Flick, Christine A. Reilly
Headlines:
  • FCC Begins to Move on Pending Video News Release Complaints
  • Failure to Monitor Tower Lighting Results in $12,000 Penalty


3/21/2011
FCC Enforcement Monitor
Authors: Scott R. Flick, Christine A. Reilly
Headlines:
  • Florida FM Translator Fined $13,000 for Unauthorized Operations
  • Latest Public Inspection File Violation Nets Upwardly Adjusted Fine
  • Failure to Monitor Inactive Tower Results in $6,000 Penalty

March 2011
2011 First Quarter Issues/Programs List Advisory for Broadcast Stations
Authors: Scott R. Flick, Christine A. Reilly
The next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ local public inspection files by April 10, 2011, reflecting information for the months of January, February and March, 2011.

2/17/2011
FCC Enforcement Monitor
Authors: Scott R. Flick, Christine A. Reilly
Headlines:
  • FCC Levies $10,000 Fine for Noncommercial Station’s Public Inspection File Security Protocols
  • Louisiana AM Daytimer Fined for Operations After Sunset
  • $7,000 Fine for Late-Filed License Renewal Cancelled

1/20/2011
FCC Enforcement Monitor
Authors: Scott R. Flick, Christine A. Reilly
Headlines:
  • Antenna Structure Owner's Failure to Act Results in $25,000 Fine
  • FCC Fines Microwave Licensee $15,000 for Late-Filed Renewal
  • AM Broadcaster Receives Reduced Fine for EAS Violation
January 2011
2010 Fourth Quarter Issues/Programs List Client Alert for Broadcast Stations
Authors: Scott R. Flick, Christine A. Reilly
The next Quarterly Issues/Programs List ("Quarterly List") must be placed in stations' local public inspection files by January 10, 2011, reflecting information for the months of October, November and December, 2010.

12/20/2010
2011 Broadcasters’ Calendar
Authors: Paul A. Cicelski, Scott R. Flick, Lauren Lynch Flick, Christine A. Reilly, Richard R. Zaragoza
Items of Note in 2011

1. Applications for Renewal of License: June 1, 2011 is the first filing date of the three-year period during which the licensees of all commercial and noncommercial AM, FM and FM Translator stations throughout the United States and its territories will be required to file their applications for renewal of broadcast station license. Licensees in the television services will commence this process in 2012. The date on which a station’s application is due depends on the state or territory of its community of license. All licensees should familiarize themselves now with the dates associated with this important filing, including the dates on which public notice announcements must air in advance of the renewal filing; the filing date itself, which is approximately four months before the date of license expiration; and the dates on which post-filing announcements must air.

12/16/2010
FCC Enforcement Monitor
Authors: Scott R. Flick, Christine A. Reilly
Headlines:
  • Failure to Heed Warning by FCC Field Agent Costs Broadcaster $10,000
  • FCC Fines AM Broadcaster $6,000 for Excessive Nighttime Power Levels
  • AM Broadcaster’s Limited Disclosure of Contest Rules Nets $4,000 Fine
12/1/2010
FCC Begins Proposed Reallocation of Television Broadcast Spectrum
Authors: Scott R. Flick, Lauren Lynch Flick
Comments are due 45 days from Federal Register publication with reply comments due 75 days from Federal Register publication.

11/24/2010
FCC Implements Satellite Television Extension and Localism Act
Authors: Scott R. Flick, Lauren Lynch Flick
Yesterday, the Federal Communications Commission issued three Orders and a Public Notice designed to implement the new requirements of the Satellite Television Extension and Localism Act (STELA).

11/23/2010
Big Common Alerting Protocol Win at the FCC for Broadcasters and Cable Operators
Authors: Scott R. Flick, Paul A. Cicelski
FCC extends deadline from March 29, 2011 to September 30, 2011 for all EAS Participants to acquire and install the equipment necessary to use the Common Alerting Protocol (CAP) standard for Emergency Alert System alerts.

11/18/2010
FCC Enforcement Monitor
Authors: Scott R. Flick, Christine A. Reilly
Headlines:
  • FCC Increases Fine to $25,000 for Broadcaster's Violations Related to Time Brokerage Agreement
  • Upward Adjustment in EAS Portion of Multiple Violation Fine Results in Total Forfeiture of $25,000
  • Noncommercial Broadcaster Fined $7000 for Late-Filed License Renewal Application
10/26/2010
FCC Seeks Additional Comments on Pending Proceedings to Augment Closed Captioning Requirements
Authors: Scott R. Flick, Paul A. Cicelski
In a Public Notice released yesterday, the Consumer & Governmental Affairs Bureau of the FCC established new comment dates to refresh the record on several closed captioning issues first raised in proceedings initiated in 2005 and 2008. Comments are due November 24, 2010, with reply comments due December 9, 2010.

10/8/2010
President Signs the 21st Century Communications and Video Accessibility Act, Creating Wide-Ranging Video Programming Accessibility Requirements Intended to Assist Those with Disabilities
Authors: Lauren Lynch Flick, Scott R. Flick
Law requires reinstatement and eventual expansion of FCC’s television Video Description rules, and mandates implementation of closed captioning of television programming distributed via Internet.
8/31/2010
Reminder: FCC Fiscal Year 2010 Annual Regulatory Fees Are Due Today
Authors: Scott R. Flick, Paul A. Cicelski
As we reported in a previous Client Alert, full payment of all applicable Regulatory Fees for Fiscal Year 2010 must be received no later than today, August 31, 2010, at the Commission’s St. Louis, Missouri address by 11:59 PM, Eastern Daylight Time.
8/6/2010
FCC Seeks Comment on Revising Its Method of Determining Satellite Subscribers' Eligibility to Receive Imported Distant Signals in Response to STELA
Comments due August 24; Reply Comments due September 3
Authors: Lauren Lynch Flick, Scott R. Flick
The Federal Communications Commission has released a Notice of Proposed Rulemaking (NPRM) seeking comment on the method it uses to predict whether a satellite television subscriber can receive the over the air signal of its local network affiliate. This predictive model determines in the first instance whether the subscriber is eligible to receive the imported signal of a distant network affiliate. The FCC is also inquiring into the appropriate methodology for making actual on-site measurements at the subscriber's location, which can be used to challenge the results of the predictive model. In enacting the Satellite Television Extension and Localism Act of 2010 (STELA), Congress directed the Commission to undertake this rulemaking inquiry and to complete it by November 2010. Accordingly, the comment timeframe is very brief.

7/28/2010
FCC Sets August 31, 2010 Deadline for Payment of FY 2010 Annual Regulatory Fees
Authors: Scott R. Flick, Christine A. Reilly
The FCC has announced that full payment of all applicable Regulatory Fees for Fiscal Year 2010 must be received no later than August 31, 2010.

July 2010
FCC Releases Final Regulatory Fee Amounts
Authors: Lauren Lynch Flick, Scott R. Flick
FCC Eliminates Earlier Proposed Fee Reductions for Radio and Sets Hefty Increases for UHF Television Stations
June 2010
2010 Second Quarter Issues/Programs List Advisory for Broadcast Stations
Authors: Scott R. Flick, Christine A. Reilly
The next Quarterly Issues/Programs List ("Quarterly List") must be placed in stations' local public inspection files by July 10, 2010, reflecting information for the months of April, May and June, 2010.

6/28/2010
FCC Suspends Indefinitely New Low Power Television Filing Opportunity in Nonrural Areas, But Does Allow New Digital Companion Channel Filings as of July 26, 2010
Authors: Lauren Lynch Flick, Scott R. Flick
The FCC's Media Bureau released a Public Notice today suspending indefinitely the FCC's previously announced filing opportunity for new digital low power television ("LPTV") and TV translator stations in "nonrural" areas that was scheduled to begin on July 26, 2010. The Commission had announced the opportunity to file for new digital LPTV stations one year ago. Applications for new digital LPTV stations in rural areas have been permitted since August 25, 2009. Applications for new digital LPTV stations to be located in nonrural areas were originally to be permitted as of January 25, 2010, but that date was delayed to July 26, 2010. The delay appeared to be related to the then-impending release of the FCC's National Broadband Plan ("NBP"), which ultimately cited the need to repurpose some television spectrum for wireless broadband. "Nonrural" areas were identified in an Appendix to the Public Notice originally announcing the filing opportunity, and are generally those areas within 75 miles of the top 100 television markets.

6/24/2010
Reminder—All Commercial Television and Radio Stations Must File Their Biennial Ownership Reports by July 8, 2010. FCC Announces Waiver Procedures for Recently Sold Stations, and a Last Minute Effort Is Underway to Have the FCC’s New Biennial Ownership Report Form Declared Unlawful.
Authors: Scott R. Flick, Paul A. Cicelski
As we wrote in an April 8, 2010 Client Alert, the FCC revised its Ownership Report form for commercial stations, Form 323, and announced that the deadline for all commercial broadcasters to file the new Form 323 is July 8, 2010. The FCC also expanded the types of entities and licensees required to file Form 323, and announced that owners of all commercial AM, FM, TV, LPTV and Class A TV stations would need to file the new form.
June 2010
2010 Second Quarter Children’s Television Programming Documentation Advisory
Authors: Scott R. Flick, Christine A. Reilly
The next Children’s Television Programming Report must be filed with the FCC and placed in stations’ local Public Inspection Files by July 10, 2010, reflecting programming aired during the months of April, May and June, 2010.
5/24/2010
FCC Seeks Comment on Possible Revisions to Its Rules Regarding the Construction, Marking, and Lighting of Towers
Authors: Paul A. Cicelski, Lauren Lynch Flick, Scott R. Flick
The FCC recently released a Notice of Proposed Rulemaking (“NPRM”) proposing to revise and streamline its Part 17 rules regarding construction, marking, and lighting of antenna structures. Pursuant to the Federal Register publication that occurred today, Comments are due on July 20, 2010, with Reply Comments due on August 19, 2010.
5/17/2010
Congress Passes Satellite Television Extension and Localism Act of 2010
Authors: Lauren Lynch Flick, Scott R. Flick
The long strange trip of the Satellite Television Extension and Localism Act ("STELA" for short) seems finally to be ending. After satellite carriers' ability to import distant broadcast signals into stations' local markets expired on December 31, 2009, Congress passed a number of short-term extensions of the predecessor law, SHVERA. The Senate passed three different versions of the bill since late 2009. The House, with a lightning fast voice vote, accepted the Senate's last version unchanged and sent the legislation to the White House for a signature from the President. The President is expected to sign the bill shortly.
4/29/2010
DISCLOSE Act Released in Response to Supreme Court’s Citizens United Ruling; Senate Version Would Greatly Impact Broadcasters, Cable, and Satellite Television Operators
Authors: Clifford M. Harrington, Scott R. Flick, Paul A. Cicelski
Several members of Congress led by Senator Schumer and Congressman Van Hollen introduced today the “Democracy Is Strengthened by Casting Light On Spending in Elections” Act—the DISCLOSE Act. The House and Senate versions differ, with the Senate version vastly expanding eligibility for Lowest Unit Charge, reducing the Lowest Unit Charge, prohibiting preemption of political ads, and requiring the FCC to perform political audits of broadcasters, cable, and satellite operators.
April 2010
FCC Enforcement Monitor
Authors: Scott R. Flick, Christine A. Reilly
Topics include:
  • FCC Issues $30,000 and $12,000 Fines to Three Co-owned Commercial Television Stations and Three Co-owned Class A Television Stations for Failure to Publicize the Existence and Location of Their Quarterly Children’s Television Programming Reports
  • FCC Fines Nonresponsive Texas Cable Operator $38,000 for Emergency Alert System and Antenna Structure Violations
  • FCC Fines Broadcasters $7,000 for Failure to Timely File License Renewal Applications and for Unauthorized Operation
  • Idaho Station Fined $4,000 for Failure to Fully Disclose All Material Terms of a Contest

4/8/2010
Commercial Broadcast Stations, Including Class A and LPTV Stations, Must File Biennial Ownership Reports on New Form 323 by July 8, 2010
Authors: Lauren Lynch Flick, Scott R. Flick
The FCC’s Media Bureau has announced that a new version of the Biennial Ownership Report Form for commercial broadcast stations, FCC Form 323, will be available on its website as of April 9, 2010. All commercial broadcast station owners must file their biennial ownership reports using the new form by July 8, 2010. However, the data used to complete the form must be accurate as of November 1, 2009.
March 2010
FCC Enforcement Monitor
Authors: Scott R. Flick, Christine A. Reilly
Topics include:
  • FCC Reduces Fine from $9000 to $1000 Based on Alternative Broadcast Inspection Program Participation
  • FCC Fines Three Commercial Television Stations for Failure to Publicize the Existence and Location of Their Quarterly Children’s Television Programming Reports
  • New York FM Station Fined $16,000 for Violating FCC’s Telephone Broadcast Rule
  • FCC Imposes a Reduced $15,200 Fine on New York Low Power Television Station for Multiple Violations
  • FCC Fines Missouri Noncommercial FM Station $7,200 for Failure to Properly Maintain a Public Inspection File

3/22/2010
The National Broadband Plan: Understanding the Proposed Reallocation of Broadcast Spectrum and What It Means for All Users of Spectrum
Authors: Scott R. Flick, Lauren Lynch Flick
Businesses dependent on spectrum should be alert to FCC trend toward greater frequency sharing and incumbent dislocation.
February 2010
FCC Proposes Rule Changes to Improve Decision-Making and Promote Participation in FCC Proceedings
Authors: Paul A. Cicelski, Scott R. Flick
The Federal Communications Commission recently proposed revisions to its rules as part of its stated goal to “reform and transform the agency into a model of excellence in government.” As part of its goal, the FCC has released a Second Notice of Proposed Rulemaking (“NPRM”) proposing to modify its ex parte communications rules, which govern the disclosure of communications with the commissioners and FCC staff when all parties to a proceeding are not present.
2/19/2010
FCC Announces Effective Date of Revised Closed Captioning Complaint Procedures
Authors: Lauren Lynch Flick, Scott R. Flick
Video Programming Distributors Must Notify FCC by March 22, 2010 of Certain Contact Information and Begin Compliance with Telephone Directory Listing Requirements.
2/17/2010
FCC Grants Limited Waiver of Requirement to Publish Closed Captioning Contact Information in Local Telephone Directories
Authors: Lauren Lynch Flick, Scott R. Flick
In response to a petition for clarification filed by DISH Network, L.L.C. (“DISH”), the FCC has issued a “limited waiver” of its requirement that video programming distributors, including television stations, publish two types of information in local telephone directories—contact information for the receipt and handling of immediate closed captioning concerns, and contact information for the receipt and handling of written closed captioning complaints.
February 2010
FCC Approves Digital Power Increase for Most FM IBOC Stations
Authors: Scott R. Flick, Christine A. Reilly
The FCC has released an Order amending its digital audio broadcasting (“DAB”) rules for FM stations operating digital facilities. According to the Order, the underlying purpose for the change is to “improve FM digital coverage and to eliminate regulatory impediments to FM radio’s ability to meet its full potential and deliver its promised benefits.”
January 2010
FCC Enforcement Monitor
Authors: Scott R. Flick, Christine A. Reilly
Topics include:
  • FCC Imposes a Reduced $17,500 Fine on Wyoming Commercial AM/FM Station Combo for Multiple Violations
  • Pennsylvania TV Station Fined $32,000 for Violating FCC’s Sponsorship ID Rule
  • Licensee Fined $13,000 for Antenna Structure Violations
  • FCC Fines California Noncommercial FM Station $9,000 for Failure to Properly Maintain a Public Inspection File

January 2010
Radio, Television, and Other Users of Wireless Microphones Must Migrate Out of the 700 MHz Band
Authors: Lauren Lynch Flick, Scott R. Flick
FCC establishes June 12, 2010 as a “hard date” for wireless microphones and certain broadcast low power auxiliary operations to vacate 700 MHz spectrum. Some stations will have to move much sooner.
January 2010
Supreme Court Opens the Way to Expanded Advertising Revenues by Invalidating Limits on Corporate Political Ad Spending
Authors: Lauren Lynch Flick, Scott R. Flick
Disclosure and Disclaimer Requirements Retained. Decision Likely Invalidates Identical Political Ad Restrictions on Labor Unions.
January 2010
2010 Broadcasters' Calendar
Authors: Richard R. Zaragoza, Scott R. Flick, Lauren Lynch Flick, Christine A. Reilly
Items of Note in 2010
  1. Biennial Ownership Report Filing Requirements for Commercial Stations: The biennial ownership filing requirement for commercial stations has been stayed indefinitely as of the date of this publication. This stay arose out of difficulties implementing a new version of FCC Form 323 for use by commercial stations, including Class A television stations. The stay does not affect the biennial ownership reporting requirements of noncommercial stations, the due dates for which are still tied to the anniversary date of the station’s license renewal application deadline (and which are noted in this calendar). When the FCC resolves its difficulties surrounding use of the new Form 323, commercial broadcast stations will be required to file a biennial ownership report on the new form with information that is current as of November 1, 2009. Broadcasters should be alert to the announcement by the FCC of the new due date.
December 2009
FCC Announces New Address for Filing of Paper Documents
Authors: Scott R. Flick, Christine A. Reilly
Effective December 28, 2009, hand or messenger-delivered paper filings for the Commission’s Secretary must be submitted at its main building: 445 12th Street, SW, Room TW-A325, Washington, DC 20554.
December 2009
FCC Announces Online Availability of New FCC Form 323 Ownership Report and Provides Interim Response to Concerns Regarding Use of Social Security Number
Authors: Scott R. Flick, Christine A. Reilly
Today, the FCC released a Public Notice announcing that as of December 9, 2009, the new FCC Form 323 will become available online in the FCC’s CDBS filing system.
November 2009
Broadcast Station EEO Advisory
Authors: Scott R. Flick, Christine A. Reilly
This Broadcast Station EEO Advisory is directed to radio and television stations licensed to communities in: Alabama, Colorado, Connecticut, Georgia, Maine, Massachusetts, Minnesota, Montana, New Hampshire, North Dakota, Rhode Island, South Dakota and Vermont, and highlights the upcoming deadlines for compliance with the FCC’s EEO Rule.
November 2009
Annual DTV Ancillary/Supplementary Services Report for Commercial Digital Television Stations
Authors: Scott R. Flick, Christine A. Reilly
All commercial and noncommercial educational digital television broadcast station licensees and permittees must file FCC Form 317 to report whether their stations provided ancillary or supplemental services at any time during the twelve-month period ending on the preceding September 30. The FCC Form 317 is due by December 1, 2009. Electronic filing of FCC Form 317 is mandatory. Paper versions will not be accepted for filing unless accompanied by an appropriate request for waiver.
10/16/2009
FCC Announces Filing Freeze for FM Minor Change Applications and Allotment Petitions and Creates Filing Window for Noncommercial Educational FM New Station Construction Permits
Authors: Scott R. Flick, Paul A. Cicelski
The FCC issued two Public Notices today which, together: (1) impose a freeze on the filing of all FM commercial and noncommercial educational (“NCE”) minor change applications from 11:59 pm, November 25, 2009, through December 18, 2009; (2) impose a freeze, beginning today, October 16, 2009, through December 18, 2009, on any applications proposing to modify the reference coordinates of 67 vacant non-reserved FM Band allotments listed on Attachment A of the Public Notice (attached hereto), as well as on any petitions or counterproposals that propose a change in the channel, class, community, or reference coordinates of those allotments; and (3) create a filing window for applications for those 67 vacant FM allotments reserved for NCE use.
10/2/2009
FCC Postpones November 1 Ownership Report Filing Deadline
Authors: Scott R. Flick, Paul A. Cicelski
As we wrote in an earlier Advisory, the FCC adopted an order in April 2009 revising FCC Form 323, its Ownership Report form for commercial stations. It also expanded the types of entities and licensees required to file Form 323, announcing that owners of all commercial AM, FM, TV, LPTV and Class A TV stations would need to file the new form by November 1, 2009. The FCC later suspended its existing biennial Ownership Report filing requirement for stations that were to have filed in June, August, or October of 2009, since those stations would have to file the new Form 323 by November 1, 2009 in any event.
August 2009
Paying the Piper: Avoiding Payola/Plugola Violations and Minimizing Liability
Author: Scott R. Flick
The volatile combination of broadcast employees concerned about their income and job security, and cash-strapped businesses looking for cheap and effective ways to promote themselves in difficult economic times, creates an unusually fertile ground for payola and plugola violations. Complicating matters are state efforts to prohibit "payola" activities that are legal under federal payola law. Even being accused of payola can be devastating to a broadcaster, and stations must be extremely diligent in uncovering and preventing payola and plugola violations.
7/16/2009
Drawing the Line: A Guide to Avoiding Illegal Content for the On-Air Performer
Authors: Scott R. Flick
As the sources of content available to the public proliferate, attracting and retaining an audience grows more challenging. A common strategy is to use provocative or “attention-getting” on-air elements to increase station awareness among media-saturated listeners and viewers. However, stations must be mindful of the numerous legal restrictions on content, particularly given that illegal on-air content can garner fines as high as $325,000 per violation. In addition, certain types of illegal on-air content can subject a broadcaster to civil and criminal liability, as well as loss of its license.
5/8/2009
FCC Creates Digital Television Translator Service
Authors: Scott R. Flick, Christine A. Reilly, Emily J. H. Daniels
On December 23, 2008, the FCC issued a Notice of Proposed Rulemaking proposing to create a new “replacement” digital television translator service.
5/1/2009
FCC Releases Revised List of Stations that are Eligible for Statutory Analog Nightlight Program
Authors: Scott R. Flick
As previously reported, the Short-term Analog Flash and Emergency Readiness Act (the “Analog Nightlight Act”) required the FCC to develop a program to permit continued analog television service for 30 days after the DTV transition, thereby permitting stations to provide emergency and DTV transition information to the public in analog.
4/16/2009
FCC Clarifies Requirement to Publicize Local DTV Walk-In Centers
Authors: Scott R. Flick
FCC Fines Texas Low Power Noncommercial Educational Station $20,000 for Airing Advertisements.
4/10/2009
FCC Enforcement Monitor
FCC Fines Texas Low Power Noncommercial Educational Station $20,000 for Airing Advertisements.
Authors: Scott R. Flick
The FCC recently imposed a $20,000 fine for the broadcast of impermissible advertising on a low power noncommercial educational FM radio station.  Section 73.503(d) of the FCC’s Rules prohibits noncommercial stations from airing promotional advertisements on behalf of for-profit entities.  Advertisements are defined by the Communications Act as program material that is intended to “promote any service, facility, or product” of for-profit entities.  Although contributors to non-commercial stations may receive on-air acknowledgements, the FCC has held that such acknowledgements may be made for identification purposes only, and should not promote the contributors’ products, services, or businesses.
3/4/2009
Managing Debt Covenants in Hard Times
Source: TVNewsDay
Authors: Scott R. Flick, Miles S. Mason, Miles S. Mason
To say that current economic conditions are challenging for broadcasters is akin to noting that the Ice Age was chilly.
February 2009
President Obama Signs DTV Delay Act Into Law
DTV Transition Date Officially Moved to June 12, 2009
Authors: Scott R. Flick, Christine A. Reilly
President Obama signed into law the DTV Delay Act that serves to move the digital television transition from February 17th to June 12th.

February 2009
FCC Identifies Stations Which Must Undertake Additional DTV Transition-Related Information/Assistance Efforts in Order to Terminate Analog Service on February 17, 2009
Authors: Scott R. Flick, Christine A. Reilly
Pursuant to the FCC’s February 5th Public Notice, “Procedures Regarding Termination of Analog Television Service On or After February 17, 2009,” any station wishing to early terminate analog operation was required to notify the FCC no later than February 9th. On February 10, the FCC released a list of the 491 stations that had filed this notification indicating their intent to terminate analog operations on February 17th.  Yesterday evening, February 11th, the FCC announced that 123 of these stations will be required to undertake supplemental public interest initiatives in order to proceed with analog termination on February 17th.  A copy of this list is attached.
February 2009
FCC Releases List of Stations that Intend to Terminate Analog Operation On or Before February 17, 2009
Authors: Scott R. Flick, Christine A. Reilly
Pursuant to the FCC’s February 5th Public Notice, “Procedures Regarding Termination of Analog Television Service On or After February 17, 2009,” any station wishing to “early” terminate analog operation was required to notify the FCC no later than February 9th of their intent to do so.
2/9/2009
FCC Issues Procedures Relating to Delay of DTV Transition to June 12, 2009
Authors: Scott R. Flick, Christine A. Reilly, Emily J. H. Daniels
Stations seeking to end analog operations on or before February 17, 2009 must file a NEW notice with the FCC not later than Monday, February 9, and air certain required viewer notifications.
2/9/2009
Supplement to February 5th Advisory Entitled “FCC Issues Procedures Relating to Delay of DTV Transition to June 12, 2009”
Authors: Scott R. Flick, Christine A. Reilly
Members of our Communications Group sought and received clarification from the FCC staff regarding ambiguities in the FCC’s February 5th Public Notice on Procedures Regarding Termination of Analog Television Service On or After February 17, 2009.
January 2009
Enforcement Monitor: FCC Finds Six Broadcasters Apparently Liable for Violations of Equal Employment Opportunity Rule
Authors: Scott R. Flick, Richard R. Zaragoza
In late December 2008, the Federal Communications Commission (“FCC”) released a series of six Notices of Apparent Liability for Forfeiture against broadcasters asserting violations of the FCC’s Equal Employment Opportunity rule (“EEO rule”). In a joint statement appended to each of the six cases, FCC Commissioners Michael J. Copps (now Acting FCC Chairman) and Jonathan S. Adelstein (the “Commissioners”) signaled their strong desire that enforcement of EEO matters be stepped up by the Commission. The Commissioners noted that “Commission enforcement of EEO rules has been inconsistent and, as one consequence, employment in broadcasting does not reflect America.” Specifically, the Commissioners noted that while 251 cases resulted in 86 forfeitures between 1994 and 1997, only 10 cases resulting in 8 forfeitures were released between 2004 and 2007.
1/9/2009
FCC Issues Procedures Relating to Delay of DTV Transition to June 12, 2009
Authors: Scott R. Flick, Christine A. Reilly
Stations seeking to end analog operations on or before February 17, 2009 must file a NEW notice with the FCC not later than Monday, February 9, and air certain required viewer notifications.
January 2009
Digital Delay
Source: Indiana Broadcasters Association Newsletter
Author: Scott R. Flick
December 2008
FCC Enforcement Monitor
Author: Scott R. Flick

Topics include:

  • FCC Fines Mississippi Radio Station $13,000 for Failure to Inform Federal Aviation Administration of Antenna Structure Lighting Malfunction and Failure to Maintain a Public Inspection File
  • Commission Fines Nevada Radio Licensee $5,600 for Failing to Enclose Tower With an Effective Locked Fence
  • FCC Fines New Mexico Radio Station $10,000 for Operating from an Unauthorized Location
November 2008
FCC Enforcement Monitor
Authors: Scott R. Flick
Topics include:
  • FCC Upholds $9,000 Fine for Noncommercial FM Radio Station Airing Advertisements
  • FCC Fines New York AM Radio Station $12,800 for Failing to Sign Off at Sunset, Failing to Maintain Daytime Operating Power, Failing to Maintain an Operational Emergency Alert System, and Failing to Maintain a Complete Public Inspection File
September 2008
FCC Enforcement Monitor
Author: Scott R. Flick
June 2008
FCC Enforcement Monitor
Author: Scott R. Flick
Topics include:
  • Texas AM Radio Station Assessed $8,800 Fine for Failure to Maintain a Main Studio and Operation Above Authorized Power Level
  • FCC Fines Arizona Radio Station $6,400 for Emergency Alert System Violation
  • FCC Proposes Fine of $10,000 to Hawaii Radio Station for Violating Radio Frequency Radiation Limits
June 2008
Federal Legislative News
Source: Massachusetts Broadcasters Association Legislative E-Newsletter
Author: Scott R. Flick
June/July 2008
Main Studio Mayhem
Source: Indiana Broadcasters Association Newsletter
Author: Scott R. Flick
May 2008
FCC Enforcement Monitor
Author: Scott R. Flick
Topics include:
  • Virginia Radio Licensee Assessed $8,000 Fine for Enforcing Format Restriction Provision in Non-Compete Agreement
  • FCC Proposes to Fine Texas TV Licensee $20,000 for Children’s Television Violations
  • FCC Fines Ohio Non-Commercial Radio Station $9,000 for Airing Prohibited Advertising
  • FCC Fines Mississippi AM Radio Station $1,500 for Operating from Unauthorized Location at Excessive Power Level
April 2008
FCC Enforcement Monitor
Author: Scott R. Flick
Topics include:
  • FCC Fines Florida Low Power FM Radio Licensee $24,000 for Unlicensed Operations
  • Commission Fines Florida Tower Owner $12,000 for Failing to Post Antenna Structure Registration Numbers and Paint Its Towers
  • FCC Fines California Radio Licensee for Failing to Operate an Aural Studio-Transmitter Link from the Licensed Location
  • Commission Fines Florida AM Radio Licensee $4,000 for Remaining on Air After Sunset in Violation of Its Station Authorization
March 2008
New Comment Deadline of April 28th and Reply Comment Deadline of June 11th Announced in the FCC's "Broadcast Localism" Notice of Proposed Rulemaking Proceeding
Author: Scott R. Flick
Why should you, as a broadcaster, file comments in the FCC’s “Report on Broadcast Localism and Notice of Proposed Rulemaking” in MB Docket No. 04-233 (“NPRM”)?
February 2008
FCC Enforcement Monitor
Author: Scott R. Flick
Topics include:
  • FCC Fines Texas AM Station $8,800 for Failure to Maintain a Main Studio and Exceeding Licensed Power Levels
  • New York Private Land Mobile Licensee Fined for Operating From an Unauthorized Location With an Antenna Placement Exceeding Authorized Height
  • FCC Fines Owner of Antenna Structure $13,000 for Failure to Paint Antenna Structure and Notify the FCC of a Change in Ownership
  • FCC Issues Several Notices for Failure to Notify of Change in Ownership of Antenna Structure and Failure to Transmit Assigned Call Sign
January 2008
New Program Reporting and Public Inspection File Online Posting Requirements for Television Stations
Author: Scott R. Flick
Television stations will now be required to file FCC Form 355, a new quarterly programming report, as well as post their public inspection files online. These new requirements apply only to full-power and Class A television stations.
January 2008
FCC Releases New Station DTV Transition Readiness Report Form
Author: Scott R. Flick
On January 22, the FCC released the new FCC Form 387. At this time, the form is only available for public viewing; the version of the form to be used for electronic filing purposes will be made available at a later date.
January 2008
FCC Enforcement Monitor
Author: Scott R. Flick
Topics include:
  • FCC Fines Owner of Florida Antenna Structure $3,000 for Failure to Register
  • Commission Fines Florida Licensee $10,000 for Failure to Comply with Radiofrequency Radiation Requirements
  • Utah Licensee Fined $4,000 for Violating Rule on Broadcasting Telephone Conversations
Pillsbury
Pillsbury Pillsbury Pillsbury