Posts Tagged ‘government’

FCC Adopts New Rules for Post-Incentive Auction Channel Sharing – Including Opportunities for LPTV and TV Translators to Increase Over-the-Air…

At its meeting yesterday, the FCC adopted new rules for post-auction channel sharing by broadcast television stations (see the cheapest viagra prices public notice here ). Channel sharing was a concept adopted by the FCC in connection with the broadcast incentive auction, to allow two or more stations to share a single 6 MHz TV channel, while retaining separate licenses.

Court of Appeals Rules that Over-the-Top Video Service is Not a Cable System Entitled to Statutory License to Retransmit TV Station Programming

In a decision released this week , the 9 th Circuit Court of Appeals overturned a District Court decision (about which we wrote here ) that had found that a video service provided by Aereokiller was a “cable system” as defined by Section 111 of the Copyright Act. That decision had held that, as a cable system, Aereokiller was entitled to retransmit the programming broadcast by a television station under a statutory license, without specific permission from the copyright holders in that programming. The Court of Appeals, while finding that the wording of Section 111 was ambiguous, determined that the consistent position taken by the Copyright Office, finding that cable systems as defined by Section 111 had to be local services retransmitting TV programming, with some fixed facilities to a defined set of communities was determinative of the issue

Radio Ownership Subcaps on the Table for FCC Review

We’ve written (see, e.g. our articles here , here and purchase viagra professional here ) about the pending petitions asking the FCC to reconsider decisions reached last year to end the UHF discount, to leave the TV local ownership rules in place and to make attributable new TV Joint Sales Agreements, and to not adopt any change in the FCC radio ownership rules in “embedded markets.” Recently, that list of items on the table before the FCC has expanded, with a number of radio groups making a concerted push to change the FCC rules on ownership “subcaps” – limiting the number of AM or FM stations that can be owned in a single market .

Relaxed Rules for Location of FM Translators to Rebroadcast AM Stations Effective April 10

We wrote here and here about the FCC’s new rules to relax the limits on where licensees of AM stations can use FM translators to rebroadcast their stations. The new rules allow the location of these translators so that their 1 mv/m coverage area does not extend beyond 25 miles from the AM station or beyond the AM station’s 2 mv/m contour – whichever is greater .

FCC Approves Expansion of Use of FM Translators By AM Stations – But Warns Broadcasters Not to Jump the Gun and File Before New Rules Become…

As we wrote last week, the FCC approved the expanded use of FM translators by AM stations – allowing their use anywhere within a 25-mile radius of their AM transmitter site, or within the 2 mv/m contour of the AM station – whichever is greater .  The current rule restricts that will be replaced limit FM translator use to the lesser of the 2 mv/m contour or the 25-mile radius for the AM station.  We summarized the draft order here, and the final order generally tracks that draft.  While the FCC has approved the change in these rules, these changes are not yet effective.  Yesterday, the FCC warned eager AM broadcasters not to file an application in reliance on the new rules just yet , or to even file an application asking for a waiver of the current rules based on the upcoming rule change, as the rules do not become effective until they are approved by the OMB under the Paperwork Reduction Act and that approval is published in the Federal Register.  To give all broadcasters an equal opportunity to take advantage of the new rules, any premature application filed in reliance on the rule change will be dismissed . However, the FCC will entertain extensions to the construction permits for unbuilt FM translators used for AM stations where the AM licensee has decided that the new rules will afford them the opportunity to move the translator to a more advantageous location.  Translator permittees must file for these extensions and have them approved by the FCC, and the extensions will last no more than 6 months past the effective date of the new rules (see footnote 22 of last week’s decision ).  The FCC also noted that, if the translator was moved using the 250-mile waiver rules (which we summarized here ), any new move of the translator allowable under the new rules must stay within the 250-mile circle – the move done in reliance on the waivers afforded to stations last year, plus the moves allowed under the current rules, cannot exceed 250 miles.  There will no doubt be many broadcasters looking to take advantage of these new rules soon.

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