Lerman Senter filed Comments on December 22, 2009 and Reply Comments on January 27, 2010 on behalf of eight television broadcasters regarding the FCC's Public Notice seeking input on the current and future use of the broadcast TV spectrum. These filings provide a detailed showing that the scope of the alleged "spectrum crisis" asserted by wireless mobile carriers has not been adequately demonstrated. Moreover, the Comments make the case that the vital local news and information services provided by TV stations should not be placed at risk by limiting the capability of broadcasters to employ their spectrum to provide innovative new services, such as mobile TV and multicasting -- and that the advent of these enhanced digital services promises to initiate a new era of growth in over-the-air viewing.
Steve Lerman and S. Jenell Trigg received Extraordinary Service Awards for their work on the Minority Media & Telecommunications Council's Equity Debt Plus Task Force. The Task Force drafted new language for the FCC's EDP rule, which was adopted last year. The awards were presented at MMTC's annual conference in Washington, D.C.
On behalf of a diversified joint client group comprised of more than forty broadcast companies, Lerman Senter filed extensive Comments April 28th in the FCC’s rulemaking proceeding on broadcast localism. The Comments note that, “[o]n the basis of little more than anecdote, [the FCC] proposals would reinstate overnight a slate of intensive regulations that, over the period of the last 25 years, the FCC has thoughtfully and incrementally reshaped, or discarded altogether, in multiple decisions amply supported by compelling facts and sound policy rationales.” The Comments further observe that “[i]In the absence of demonstrable industry failure, blanket reinstatement today of regulatory processes rejected decades ago as poorly suited for their intended purposes is retrogressive and ill-conceived.” The particular proposals addressed in the Comments are those that would: (1) mandate the location of each broadcast station main studio within the political boundaries of the community of license to which each station is assigned; (2) require each station to maintain “a physical presence” at the studio during all hours of operation; (3) “reintroduce specific procedural guidelines for the processing of renewal applications for stations based on their localism programming performance;” and (4) mandate that each licensee “convene a permanent advisory board made up of officials and other leaders from the service area of its broadcast station.” A complete copy of the Comments can be accessed here.
Brian M. Madden, a Member of Lerman Senter, has been elected to the Board of Directors for the Broadcast Cable Financial Management Association (BCFM) and its Broadcast Cable Credit Association (BCCA) subsidiary. BCFM is a not-for profit professional association dedicated to the interests and needs of business and finance executives in the broadcast and cable industries. BCFM’s membership is comprised of the top financial, station general management, information technology, internal audit, human resources, and other broadcasting and cable management personnel from all five major television networks, more than 60% of all network affiliates, at least 4,000 radio stations, more than 30 cable programming networks, and several cable MSOs.
The National Telecommunications and Information Administration (NTIA) has released the details of a new grant program to assist low-power TV and TV translator stations with the rapidly approaching digital conversion. Under the FCC’s rules, these low-power stations may continue to broadcast analog signals after the February 17, 2009 DTV transition date. If a low-power station elects to continue analog broadcasting, it will need to obtain equipment to convert the over-the-air digital signal received from its main station into an analog signal that it can then rebroadcast. The NTIA grant will award $1,000 grants to qualified LPTV stations to purchase the necessary equipment. Qualifying stations include LPTV, Class A TV, TV translator and TV booster stations broadcasting exclusively in analog format and that did not purchase digital-to-analog conversion devices prior to February 2006, when the Digital Television Transition and Public Safety Act was enacted. Low-power stations receiving their signals via satellite are not eligible. Additional information can be found at: http://www.ntia.doc.gov/lptv/index.html The NTIA is also planning another program to assist the upgrade of analog low-power stations to digital broadcasting. The NTIA's website encourages all LPTV stations to complete an electronic form that requests information to assist NTIA in planning for that upgrade program. http://www.ntia.doc.gov/lptv/newuser.html If you have further questions regarding this program, please contact any attorney in our office.
On Sunday, August 5, 2007, Dennis Corbett made a presentation entitled "From George Carlin to Janet Jackson: Federal Regulation of Broadcast Content and the First Amendment" at the Chautauqua Institution in Chautauqua, New York.
