COMMENTARY

Just Because The FCC Can Regulate Broadcasting, Should It?

David Oxenford: To conclude that it is deregulation, not marketplace forces, that is decreasing localism is to ignore the media marketplace generally.

TVN FOCUS ON BUSINESS

Broadcast M&A Prospects Chilly In ’24

The FCC’s recent Top Four Duopoly rule decision, the agency’s kibosh of the Standard General-Tegna deal and private equity’s uncertainty about bellying back up to the bar all point toward a 2024 that will be relatively short on TV station mergers and acquisitions.

Broadcast Attorney: UHF Discount Could Be In Play At FCC

TV station owners just got bopped on the beak by the FCC regarding local TV station ownership limits. Could another bloody nose be on the way? It’s possible. That’s the view of prominent broadcast attorney David Oxenford, a partner at Wilkinson Barker Knauer in Washington. In a Jan. 2 blog, Oxenford said the Democratic-controlled FCC could take a look at the so-called UHF Discount, which is an FCC rule that allows a single TV station owner to serve more than 39% of TV households nationally. The FCC did not take up the UHF Discount or the 39% statutory cap set by Congress during its most recent quadrennial review of its broadcast ownership rules. “With a fifth commissioner now on the FCC, the UHF Discount could again be considered, particularly if there is a proposed acquisition that places the issue before the FCC by relying on the discount to comply with the ownership rules,” Oxenford said.

TVN FOCUS ON BUSINESS

Bumping Against Cap, Station Groups Have Their M&A Wings Clipped

With no ownership cap relief in sight from the FCC, broadcasters look to pick up ones and twos along with pursuing other avenues to grow their businesses. Meanwhile, the industry waits to see if Tegna will be sold. Note: This story is available to TVNewsCheck Premium members only. If you would like to upgrade your free TVNewsCheck membership to Premium now, you can visit your Member Home Page, available when you log in at the very top right corner of the site or in the Stay Connected Box that appears in the right column of virtually every page on the site. If you don’t see Member Home, you will need to click Log In or Subscribe.

NEWS ANALYSIS BY DAVID OXENFORD

Split Decision On FilmOn Copyright License

The U.S. District Court in Washington has decided that FilmOn could not rely on the compulsory license of Section 111 of the 1976 Copyright Act to retransmit the signals of over-the-air television stations to consumers over the Internet. That puts it at odds with an earlier opinion from a federal court in California that ruled that FilmOn was entitled to the license. “[T]his dispute could be resolved in any number of ways, short of a return trip to the Supreme Court. But it is an issue that will no doubt be revisited in some forum or another in the not too distant future.”

STATION ADVISORY

Digital, Social Media Issues For Broadcasters

David Oxenford: Social media and other digital platforms are playing a more and more important part of the business of traditional media companies. TV broadcasters need to exercise care in using Internet content on their digital properties, and should know why fair use is not always a defense.

FCC WATCH

What’s Happening In Washington

Here’s a quick briefing on the FCC proceedings affecting broadcasters from communications attorneys David Oxenford and David O’Connor. The topics: CALM Act … Class A TV … Closed Captioning … EEO Rules … Emergency Alert System … License Renewals … LPTV Stations and TV Translators … Must Carry and Retransmission Consent … Online Public Inspection File … Ownership Limits and SSAs … Political Advertising … Public Interest Disclosure … Regulatory Fees … Spectrum Reallocation … Sponsorship Identification … Tower and Antenna Issues … Video Descriptions … White Spaces.

FCC WATCH

What’s Happening In Washington

OxenfordO'ConnorHere’s a quick briefing on the FCC proceedings affecting broadcasters from communications attorneys David Oxenford and David O’Connor. The topics: CALM Act … Class A TV … Closed Captioning … EEO Rules … Emergency Alert System … License Renewals … LPTV Stations and TV Translators … Must Carry and Retransmission Consent … Online Public Inspection File … Ownership Limits and SSAs … Political Advertising … Public Interest Disclosure … Regulatory Fees … Spectrum Reallocation … Sponsorship Identification … Tower and Antenna Issues … Video Descriptions … White Spaces.

FCC WATCH

What’s Happening In Washington

OxenfordO'ConnorHere’s a quick briefing on the FCC proceedings affecting broadcasters from communications attorneys David Oxenford and David O’Connor. The topics: CALM Act … Class A TV … Closed Captioning … EEO Rules … Emergency Alert System … License Renewals … LPTV Stations and TV Translators … Must Carry and Retransmission Consent … Online Public Inspection File … Ownership Limits and SSAs … Political Advertising … Public Interest Disclosure … Regulatory Fees … Spectrum Reallocation … Sponsorship Identification … Tower and Antenna Issues … Video Descriptions … White Spaces.

FROM THE BROADCAST LAW BLOG

FCC Watch: 18 Topics In 244 Words Or Less

Get briefed on what’s happening at broadcasting’s favorite regulatory agency by top Washington communications attorneys David Oxenford (left) and Brendan Holland. The topics: CALM Act…Class A TV..Closed Captioning…EEO Rules…Emergency Alert System…License Renewals…LPTV Stations and TV Translators…Must Carry and Retransmission Consent…Online Public Inspection File…Ownership Limits and SSAs…Political Advertising…Public Interest Disclosure…Regulatory Fees…Spectrum Reallocation…Sponsorship Identification…Tower and Antenna Issues…Video Descriptions..White Spaces.