1. FCC Ordered to Complete 2018 Quadrennial Review or Show Cause
The U.S. Court of Appeals for the D.C. Circuit has released an order giving the Federal Communications Commission (FCC) 90 days to either complete the 2018 quadrennial review or show cause why the NAB's petition for mandamus shouldn't be granted.
Earlier this year, NAB filed a petition seeking to require the completion of this review, arguing that the delay leaves in place antiquated broadcast-only rules that even predate satellite, cable and the internet.
"This ruling is an important step to compel a review that the record makes clear is necessary to allow local broadcasters to more fairly compete and deliver our trusted, locally-focused programming in a transformed media marketplace," said NAB President and CEO Curtis LeGeyt.
2. Impact of a Potential Government Shutdown on the FCC
With the possibility of a federal government shutdown looming, NAB urges stations to monitor the Federal Communication Commission's (FCC) website for Public Notices about the FCC's status and the availability of certain services.
In general, the vast majority of the Commission's staff can't work during the shutdown. FCC staff that stations may normally contact cannot check email or respond to phone calls.
Pending applications such as license renewals, modifications, assignments and transfers cannot be processed. Additionally, certain FCC electronic filing systems and databases may be affected.
Past government shutdowns have affected the Online Public Inspection File (OPIF), the Electronic Comment Filing System (ECFS) and the Licensing and Management System (LMS).
To be prepared, we urge broadcasters to:
Upload your carriage election statements to OPIF and send any change notices to the FCC by COB Friday, September 29.
Prepare all filings that would be due during the shutdown by the normal deadlines so your station will not be caught off guard if the FCC is able to remain open.
If OPIF is not operational, stations should be prepared to make their backup political files available to the public.
3. Make Your Carriage Elections Now to Avoid Potential Shutdown Complications
All commercial and noncommercial television stations are required to place a carriage election statement stating whether they elect retransmission consent or must carry on cable and satellite in their online public files (OPIF) on or before October 1, 2023.
Due to the possibility of a federal government shutdown, NAB encourages stations to make their elections by COB Friday, September 29.
Stations that are changing their elections with respect to a multichannel video programming distributor (MVPD) must also email the affected MVPD and the Commission and attach that email to the statement they upload into OPIF.
The Federal Emergency Management Agency (FEMA) and the FCC will conduct a nationwide test of the emergency alert system (EAS) at 2:20 p.m. ET on Wednesday, October 4, 2023.
This handy one-pager has all the information you need about this test, from filing deadlines to steps to take to prepare for the day.
🚨 Reminder: The EAS test message must be accessible to individuals with disabilities, pursuant to FCC rules that govern the size, location, scroll speed and other aspects that produce a readily readable message.
All participating broadcasters must submit ETRS Form Two, used to provide "day of test" data on or before October 5. More information on how to access ETRS, the reporting deadlines and other important information regarding the test can be found here.
7. Conferences and Events for Broadcasters at NAB Show New York
In response to the closure of hundreds of news outlets in Ukraine as a result of war, the German Marshall Fund of the United States (GMF) launched the "Ukraine: Relief, Resistance, Recovery" emergency grantmaking program.
While the global philanthropic community has been working to sustain independent media, more support is needed to ensure the long-term recovery of Ukraine's media landscape.
NAB is helping GMF coordinate opportunities to financially support GMF vetted independent journalists in Ukraine. If you are interested in getting involved, more information is available here, or contact NAB's Sam Matheny.
9. NAB on the Move
NAB President and CEO Curtis LeGeyt participated in a fireside chat with Chris Winkle, president and CEO, Kentucky Broadcasters Association (KBA), at the KBA Annual
Convention earlier this week.