WASHINGTON—The FCC Media Bureau is ready to take a look and its rules regarding the Commercial Advertisement Loudness Mitigation (CALM) Act, officially asking for comment from consumers and industry members.

The Media Bureau officially issued a Public Notice inviting comments, giving a deadline of June 3 for comments, with reply comments then due on July 9.

The CALM Act was enacted in 2010 by Rep. Anna Eshoo (D-Calif.) with the goal of regulating the volume of broadcast, cable and satellite commercials compared to other programming so that they are not significantly louder. The FCC adopted implementing rules in 2011 that require TV stations and MVPDs to ensure all commercials transmitted to consumers are at the appropriate loudness level. The FCC acknowledges that the rules have only been revisited once in the last 10 years, with minor changes adopted.

Eshoo has been calling on the FCC to revamp its efforts for the CALM Act, both under former FCC Chairman Ajit Pai and now under Acting Chairwoman Jessica Rosenworcel. She points out that there have been “thousands of complaints,” and yet there has never been any enforcement related to these complaints.

The FCC is now seeking comment on the effectiveness of its rules on preventing loud commercials. The commission says that it particularly wants comments from consumers and their viewing experiences. Input from all stakeholders on whether the FCC’s CALM Act rules are serving their intended purpose are also sought, with hope that commenters will share what they believe are necessary updates.

“Comments filed will help inform the commission’s determination of whether to take additional actions—and if so, what measures should be proposed or taken—in furtherance of the purpose of the CALM Act to prevent television stations and MVPDs from transmitting commercial advertisements at louder volumes than the program material they accompany,” the Public Notice reads.

Comments can be filed through the FCC’s Electronic Comment Filing System or mailed to the commission. Hand drop-off is still prohibited because of the COVID-19 pandemic.

For more information, visit www.fcc.gov.  

WASHINGTON—Spectrum use and media regulations are part of the FCC’s agenda for its May open meeting, which is scheduled to take place on May 13.

One of the first things the FCC has on the agenda is a Report and Order that would reconfigure the 900 MHz band for the deployment of broadband services and technologies. Previously, this band had primarily been used for narrowband communications, like two-way dispatch radios, however, these new rules seek to open six of the band’s 10 MHz for broadband services; the remaining four MHz would continue to be used for narrowband communications. 

According to a blog post from FCC Chairman Ajit Pai, the new framework would allow 900 MHz licensees to obtain broadband licenses and would include operational and technical rules to minimize harmful interference to narrowband operations. The transition plan to broadband services would be market-driven, relying primarily on negotiated agreements between interested parties, said Pai.

The FCC will also look to continue the push for what it sees as the modernizing of media regulations with an attempt to streamline rules regarding public notice of the filing of broadcast applications. The current rules require TV and radio broadcasters to notify the public before and after they file certain license applications, but Pai believes that the type of required notice is inconsistent based upon the type of applicant, type of station and type of application. “Moreover, the current notices are clunky and lengthy, and give customers little guidance on how to access the applications and file comments or objections to them,” Pai added.

The new rules that the FCC will vote on require shorter and more uniform public notices for all broadcast stations, according to Pai.

“Notices will be simpler and transition from newspaper to websites, better reflecting how consumers access information these days,” said Pai. “The simpler notices will direct consumers to the commission’s Online Public Inspection File and existing commission databases, where they can access the applications in question and comment on them. This brings our notification process into the 21st century and offers consumers more opportunities for engagement.”

PLUS: FCC Not Delaying TV License Renewal Schedule

The FCC will also vote on a plan to collect $339,000,000 in regulatory fees for the 2020 fiscal year.

The FCC May Open Meeting will be available as a live webcast on FCC.gov. 

WASHINGTON—The NAB had just a few notes it feels the FCC should take into consideration when it comes to the modernizing of broadcast application public notifications for TV and radio stations, mostly about just how much info needs to be pushed directly to the public.

Commenting on a Further Notice of Proposed Rulemaking dealing with the public notice of the filing of applications, the NAB came out mostly in support of the FCC’s revisions to the rules, but did pinpoint a “minor modification” to online notice requirements.

First, the FNPRM primarily deals with the revision that TV and radio stations will no longer need to publish notice of application filings in newspapers, saying they are costly and, with the decline of newspapers nationwide, no longer have the reach they previously did. The NAB fully supports the commission’s move to now require online notices.

As far as how that notice is displayed online is where the NAB begins to have some notes. It says that it agrees with the goal of directing viewers and listeners to pending applications. However, the NAB believes “it is not necessary or appropriate for the notice to include additional material in the notice that will be apparent from reviewing the application and/or the station’s online public file.” The organization says that these notices should adhere to popular website design where, while clearly identified, the notice can be less than 15 words and offer a link to the application for more details, suggesting a link labeled “Pending FCC Applications” or something akin available on the homepage.

With the proposed rulemaking, the FCC would still required on-air announcements for applications that require them, which again is something the NAB supports. Where they want to see the FCC adapt in this instance is in the delivery of these notices. The NAB says it is best to simply have a full display of the text while it is being read on-air rather than to create a text crawl with the information. The NAB believes that text crawls are typically only used for critical information and cause undue burden on broadcasters, as well as “impede innovation on new platforms and raise First Amendment issues.”

NAB’s full comments on this FNPRM can be found on the FCC’s ECFS database.

WASHINGTON—EAS participants who are not able to update to the IPAWS certificate that was released on Oct. 28 by the applied deadline of Nov. 8 will not turn into the proverbial pumpkin when the clock strikes midnight, according to a Public Notice from the FCC.

In the notice from the Public Safety and Homeland Security Bureau of the FCC, it was revealed that there are specific guidelines regarding equipment readiness that will allow EAS participants to continue to operate without the impacted, required equipment for a period of 60 days after the Nov. 8 deadline.

The issue of this public notice came after FEMA and some EAS participants expressed concern over the time frame from when the update was made available and the deadline that was set, saying that it was not sufficient time. As a result, the FCC issued the public notice to inform EAS participants about Section 11.35(b) of the commission’s rules, which allow for operations to continue “without the defective equipment pending its repair or replacement for 60 days without further FCC authority.”

As a result, EAS participants unable to make the IPAWS update prior to Nov. 8 will have until Jan. 7, 2020, to do so. In the event that they are not able to meet that deadline, an informal request for additional time must be submitted to the FCC and explain what steps have been taken, the alternative procedures being used while equipment has been defective and when the defective equipment will be repaired or replaced.

The update, and the subsequent operation without proper equipment in the situation of an extension, only applies to Common Alerting Protocol-formatted alerts distributed by IPAWS; EAS participants must still monitor, receive and process legacy EAS alerts formatted in the EAS protocol.

More information can be found in the FCC’s official Public Notice.

WASHINGTON—After receiving a petition from the National Association of Broadcasters and America’s Public Television Stations on Oct. 3 asking for updates to the rules surrounding single frequency networks as broadcasters attempt to build out ATSC 3.0, the FCC has officially filed a public notice seeking comments on the petition.

Single frequency networks, also known as distributed transmission systems (DTS), allow broadcasters to extend RF coverage by building transmission systems that fill gaps and improve reliability and reception quality.

With the rollout of ATSC 3.0, otherwise known as NEXTGEN TV, expected to begin within the next year, the petition states that “many broadcasters are interested in exploring the advance capabilities of ATSC 3.0 to facilitate the use of DTS.” The petition specifically asks for more flexibility in the current rules so broadcasters can deploy more transmitters at the edge of their coverage areas, which they believe would allow them to improve their service, mobile reception and spectrum efficiency.

The full petition is available on the FCC’s Electronic Comment Filing System.

The public notice is calling for any comments regarding the petition to be filed through the ECFS by Nov. 12. The reply comment deadline will be Nov. 27.

The complete FCC public notice is available here.

For a comprehensive source of TV Technology’s ATSC 3.0 coverage, see ourATSC3 silo.

WASHINGTON—The FCC has voted on a Further Notice of Proposed Rulemaking proposing changes to update the FCC's rules to bring broadcast application public notifications into the digital age.

TV and radio stations had been required to file "certain applications" in "a local newspaper," or "on air" and in some cases both, depending on the type of application, the primary reason being to direct them to the station's studio, where they could review the documents.

But with the rise of internet usage and the FCC's migration of those station application documents from their studios to an online database (some written notice requirements remain), the FCC under chair Ajit Pai said that needed to change and has now come up with a plan, which the commission adopted at the Sept. 26 open meeting and will still need to be subject tor public comment before a final order is voted:

•"Replace the newspaper publication requirement with written public notice posted online on a publicly accessible website (either the station's site or an affiliated site) with a link to the application;

• "Simplify and standardize the public notice requirements for on-air announcements (they must direct the public to the FCC database);

• "Clarify certain local public notice obligations, such as those pertaining to international
broadcast stations and low-power FM stations; and

• "Streamline and update the Commission’s rules concerning public notice for stations designated for hearing."

"I am pleased that this item recognizes that local public notice of licensing activity is required by statute, and searches for ways to use modern tools to make it more effective," said commissioner Geoffrey Starks. "Specifically, I support the item’s proposals to continue to require both on-air and written notice of certain licensing proceedings and
questions on the best way to offer such notice online. I am hopeful that a robust record will develop on these issues."

Commissioner Michael O'Rielly said the FCC needs to eliminate or modify "all" government burdens on broadcasters so they can compete with unregulated competitors. He said he strongly supported the item and hopes the FCC can move to an order quickly. Commissioner Brendan Carr agreed. Commissioner Jessica Rosenworcel called it a "smart update.