Category Archives: Legislative Update

September Regulatory Dates for Broadcasters

According to the Broadcast Law Blog, several dates in September are of particular importance to broadcasters. The lowest unit rate window started on September 9. This means that commercial broadcasters should be offering the lowest unit charges to political candidates because of the 60-day window before the November election. Annual regulatory fees for all commercial broadcasters are due by September 27. Any commercial broadcaster that cumulatively owes more than $500 must file its fees by that date. On September 28, the FCC will conduct its second nationwide test of the EAS system. This is the first test that will use, not only the over-the-air “daisy chain” system of transmitting alerts by passing them through over-the-air station-to-station transmissions, but also will test the Internet-based CAPS system. The FCC open meeting is scheduled for September 29, and the agenda includes set-top boxes, ways to promote independent video programming and relaxing foreign ownership rules.

FCC Reverse Auction – Stage 2

fcc-logo_dark-blueSeptember 13 marked the beginning of the second stage of the television incentive auction. The FCC is now trying to clear 114 MHz of TV spectrum to repurpose for wireless uses. If the auction is successful in clearing this target, channels 31 and below will remain in the TV band. Adding more channels to the TV band allows more stations to be repacked in their pre-auction band, the FCC explained in the public notice. This means that stations that were provisionally winning after Stage 1 will become “unfrozen” in Stage 2, and will be presented decreasing price offers during the bidding rounds. This process will result in lowering the overall costs of clearing spectrum for wireless use. The Public Notice also includes a warning that any broadcaster who filed an application to potentially participate in the auction is still bound by the rules against prohibited communications.

Committee Votes to Amend FOIA

capitol3The Michigan House Oversight and Ethics Committee unanimously voted in support of HB 5826. This legislation amends the Freedom of Information Act (FOIA) to prohibit a public body, that receives a request for information, from commencing a civic action under the act, against the requesting person or entity.

The intent of the bill is to address the chilling affect that may occur if public bodies are allowed to sue citizens, or news organizations, for exercising the right to seek information about the actions of publicly elected officials. The bill now moves to the House Floor for a vote.

FCC Votes to Eliminate UHF Discount

According to a new NAB press release, the FCC released an order, approved by a 3-2 vote, eliminating the UHF discount portion of the national TV ownership cap. The agency found that the digital transition had removed the justification for the discount.

Also, as proposed, the FCC’s order provides certain grandfathering for TV station groups that will exceed the 39% national audience cap without the UHF discount. Specifically, the following combinations will be grandfathered: (1) those in existence on September 26, 2013 (i.e., the date of release of the FCC’s proposal to eliminate the UHF discount); (2) those created by a transaction that had received FCC approval on or before September 26, 2013; and (3) those proposed in applications pending before the FCC on September 26, 2013. Any grandfathered ownership combination that is subsequently sold must comply with the national cap in existence at the time of the transaction.

Michigan Listed as Key Presidential State

According to a report by The Hill, Michigan is listed as one of 11 states that will decide the presidential election.

The analysis observes that Trump is spending a “modest sum” on TV advertising in Michigan, while Democratic nominee Hillary Clinton has 29 field offices in Michigan. Michigan contains 16 electoral college votes. At least 271 are needed to win the presidency.

Bill Bars Public Bodies From FOIA Suits

capitol3According to a report in Gongwer, the House Oversight and Ethics Committee last week heard testimony on HB 5826, which prohibits a public body from bringing civil action against an outside entity that requests information under FOIA.

The legislation stems from the Daily News in Greenville submitting a Freedom of Information Act (FOIA) request to Montcalm County for personnel files of the three Republican county sheriff candidates who were employed by the county and were surprised to learn officials were suing the paper instead of providing the files.

State Representative Ed McBroom (R-108), chair of the committee, stated: “I believe that this is good policy because to allow anything in FOIA to face potential delay like this and potentially emasculate FOIA this way, I think it is very damaging to the public.”

Spectrum Auction Fails to Meet Financial Target; Moves into Second Stage

According to the report in Broadcasting & Cable, the FCC closed the first stage of the forward auction, failing to meet the $88.4 billion target bidders needed to cover the cost of payments to broadcasters. The auction netted $22.45 billion after the bidding credits and discounts were applied.

“Bidding in the forward auction has concluded for Stage 1 without meeting the final stage rule and without meeting the conditions to trigger an extended round. The incentive auction will continue with Stage 2 at a lower clearing target,” the FCC said.

The second stage of the reverse auction will begin September 13 and has reduced the spectrum it is buying from broadcasters—from 126 MHz to 114 MHz.   A tutorial for the second stage is available for viewing here.  MAB is monitoring.

Reminder: Effective Date for Increased FCC Application Fees

According to the Broadcast Law Blog, August 30 was the new effective date for the FCC application fee increases. These application fees are paid with most FCC applications – including applications for the purchase and sale of broadcast stations, applications for new and modified station technical facilities, for special temporary authority with license renewal applications and even with Biennial Ownership Reports, which must be filed by commercial stations in December 2017.

An application fee filing guide for media services is available HERE.

Appeals Court: MCCA Not Subject To FOIA

capitol3A divided opinion of the Court of Appeals has held the Michigan Catastrophic Claims Association (MCCA) is a public body but, it is not subject to the state’s Freedom of Information Act because of a legislative amendment in the Insurance Code. That amendment, the court said, “did not alter, amend, change or dispense with any provisions of FOIA, at the time of that statute’s enactment, the Legislature was not required to reenact and republish FOIA.”

The court ruled after the case was remanded to it by the Supreme Court, which directed the Appeals Court to determine if the MCCA was a public body, as defined under the FOIA, and was therefore subject to the FOIA’s provisions.

Last Chance for the Ballpark!

PACfundraiser
Whether or not you can attend the fabulous MABPAC Tigers Experience this coming Monday, August 29 at Comerica Park, you can still participate in this great fundraiser.  We have room for just a few more folks, but if you can’t attend, you can still play ball by supporting the MABPAC.  Please contact Elena Palombo for details. 

Next year, the State of Michigan will have 39 new representatives, many of whom have no idea what the MAB does.  It will take a lot to educate them on the importance of local broadcasting.  Many new lawmakers enter office with a pre-determined set of issues that they wish to accomplish and sometimes those ideas are not particularly helpful to our industry.

Be part of the MABPAC team! Help us support the lawmakers who support our industry. 

Please join the Michigan Association of Broadcasters Political Action Committee (MABPAC) for the Detroit Tigers v. Chicago White Sox baseball game and fundraiser on Monday, August 29, prior to the 2016 MAB Summer Advocacy Conference.

Guests will enjoy the game and picnic-style dinner and drinks in one of the private party suites located by third base.

What: Tigers vs. White Sox
When: Monday, August 29 – Suite opens at 6 p.m.; Game time is 7:10 p.m.
Where: Comerica Park, Detroit
Cost: $250/person

Reserve your spot by clicking HERE.

Space is limited and is available on first come, first served basis. Reserve your tickets today!

NOTE: In compliance with the Michigan Campaign Finance law, only personal checks/payments can be accepted. No corporate checks, please.

Questions? Contact Elena Palombo at Palombo@michmab.com or 517-484-7444.

Thank you and we look forward to seeing you at the game!