Supreme Court Hears Arguments in Broadcast Ownership Cases
On January 19, the Supreme Court heard arguments in two cases (NAB v. Prometheus and the companion case FCC v. Prometheus), which challenged the Third Circuit Court of Appeal's overturning of the Federal Communication Commission's (FCC) 2017 quadrennial review reconsideration order eliminating the cross-ownership restrictions and reforming the local TV rule, among other things. Due to the pandemic, the argument was held via conference call.
Important C-band Update: FCC Issues List of Unresponsive Earth Stations
The FCC is continuing to move forward with the transition of 280 MHz of C-band spectrum from satellite downlink to 5G use. The FCC has set an aggressive transition timetable that anticipates 5G operation by the end of 2021. To protect existing content distribution, the FCC provided incumbent C-band earth station operators the opportunity to register their earth stations to obtain filters and other equipment necessary to accommodate that transition and avoid disruption.
President Designates Jessica Rosenworcel as Acting Chairwoman of the FCC
On January 21, President Joe Biden designated FCC Commissioner Jessica Rosenworcel as acting chairwoman of the FCC. Rosenworcel is currently in her second term as an FCC commissioner. Prior to joining the agency, she served as senior communications counsel for the United States Senate Committee on Commerce, Science and Transportation. NAB congratulates Chairwoman Rosenworcel, and we look forward to working with her on issues concerning radio and television stations and their viewers and listeners.
U.S. Government Review of Music Licensing Consent Decrees Ends with No Action Taken
In 2019, the antitrust division of the U.S. Department of Justice (DOJ) initiated another review of the critically important antitrust consent decrees that underpin the music licensing marketplace. In 2016, after a thorough, multi-year review based on an extensive public record, the DOJ rejected proposed modifications from ASCAP and BMI that would weaken the consent decrees and reaffirmed their fundamental protections. Recently, despite no discernable changes in the marketplace, the DOJ again initiated a review of these decrees with a strong interest in terminating them. However, in January 2021, the DOJ ended another review of the decrees without modifying or sunsetting them, an outcome that pleased broadcasters, who had strongly opposed any significant modification or termination.
FCC Reminds Broadcasters to Ensure Accessible EAS Alerts
On January 7, 2021, the FCC issued an Enforcement Advisory to remind Emergency Alert System (EAS) participants, including television and radio broadcasters, of their obligation to comply with the EAS rules, particularly their obligation to ensure that EAS alerts are accessible to persons with disabilities.
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