The FCC has announced another round of EEO audits - looking at the compliance with the FCC's EEO rules and policies of several hundred radio and TV stations across the country.  Those stations selected for the audit (see the list here) must provide the FCC with the last two year's public inspection file reports, plus all records maintained by the selected stations that back up the data reported in the annual reports.  The full list of the documents that must be produced is contained in the FCC's letter that went out to stations who were selected (a copy of that letter is available here).  In the FCC's Public Notice  announcing the audit, the FCC emphasized that stations need to post the most recent EEO public file report on their websites, and this requirement was also included in the audit letter.  The FCC emphasized that station's who do not meet this obligation (which the FCC can check from their desks in Washington) are subject to fines.  Responses to the audits are due by May 9, 2011.

EEO is again important to the FCC.  We wrote about the recent reminders about the advertising nondiscrimination clauses that broadcasters must include in their advertising contracts.  Broadcasters will also need to report on their EEO compliance at license renewal time - and license renewals are coming up for all stations across the country in the next 4 years - beginning with radio stations in Maryland, DC, Virginia and West Virginia in June (see our advisory on Preparing for the License Renewal, here).  And, as we reported in December, the FCC has been fining stations for less than complete EEO efforts.  So be prepared.  For further information about a licensee's EEO obligations, see our advisory setting out the basics of the FCC's EEO rules and our most recent advisory on the requirements for the annual EEO public inspection file report. 

Ariel Pink’s Haunted Graffiti has scheduled a show in New York, coming out of hiding to play only a few shows this year. Other shows so far include an appearance at Coachella and the Roots Picnic in Philadelphia.

Yo La Tengo are heading out for more of their wildly innovative "Spinning Wheel" shows, taking it on the road through the end of June. They start in Brooklyn before heading to Europe, and then come back to play the American midwest.

The new Fleet Foxes video for "Grown Ocean," off of the album Helplessness Blues.

The Roskilde Festival has added Femi Kuti and Seun Anikulapo Kuti to fly the Afrobeat flag this year's show. Check out a full linep.

The Commission’s recent Notice of Proposed Rule Making exploring possible changes to the television retransmission consent rules has now been published in the Federal Register setting the date for Comments as May 27th, with Reply Comments due by June 27.  As we wrote about recently (here), the FCC has commenced a rule making to consider revising its rules governing the interaction and negotiations between cable operators and broadcasters regarding carriage of local broadcast television stations.  Among other things, the NPRM seeks input on strengthening the good faith negotiation rules, changes to the notice requirements to require advance notice to consumers of carriage changes, and input on the potential benefits and harms of eliminating the Commission’s network non-duplication and syndicated exclusivity rules.  Again, interested parties have until May 27th to file comments with the Commission either in paper or through the FCC’s Electronic Comment Filing System.  Reply Comments will be due by June 27th. 

The final week of LCD shows, statrting tonight in New York City.

The question of the environmental impact of the construction or significant alteration of a communications tower has been a matter of controversy for quite some time.  Three years ago, when conservation groups challenged the FCC's procedures on the approval of towers and the consideration of the impact that such towers have on migratory birds, the US Court of Appeals ordered the FCC to include more public participation in the determination of whether those towers required detailed environmental studies ( an "environmental assessment" or an "EA") before they could be built.  This week, the FCC sought comments on their Draft Environmental Notice Requirements and Interim Procedures for its Antenna Registration Program.  These rules propose:

• That, before an Antenna Structure Registration ("ASR") is issued by the FCC, any applicant must first give public notice of the construction in a local newspaper or other local media source.  The proposal will also be listed on the FCC's website.  These notices are to allow the public to comment on the proposal.   
•  If an EA is required, the FCC will process that assessment before the filing of the ASR
• An EA will preliminarily be required for all requests for an ASR for towers of more than 450 feet to determine its impact on migratory birds, though the FCC may modify this requirement after further study.

This proposal is somewhat tracks the proposed requirements for an EA that were set out in a settlement agreement between many affected parties, including conservation groups, the NAB and CTIA - an agreement about which we wrote here.  That agreement, while conclusively requiring an EA for towers of over 450 feet, stated that towers between 351 and 450 feet would be dealt with on a case-by-case basis, and left open the question of whether an EA would be required for towers of 350 feet or less. 

These requirements will apply not only to new tower construction, but also to construction that makes a "substantial increase in size" of the structure, which is defined in the FCC's rules to look at not only height, but also a substantial increase in the width of the tower, or the area excavated around the base of the tower.  Substantial changes in lighting of the tower - to lights that are "less preferred" under FAA guidelines, can also trigger these requirements. 

The EA is a document that must be carefully prepared, providing information about the structure proposed, and its likely impact on the surrounding area.  In connection with any impact on critical habitats, the analysis must rely on the best commercial and scientific information available to detail the potential impact of the project. This is routinely not something that an applicant can dash off on their own, but instead a study that requires expert assistance to prepare. 

Comments on the draft proposal can be filed with the FCC for 30 days after this proposal is published in the Federal Register. 

With April Fool's Day only a few short days away, and with many articles running in the trade press about what stations should and shouldn't do on that day, we thought that we would weigh in with our own legal reminder - no matter what you do, be careful not to violate the FCC's rule against broadcast hoaxes.  That rule, Section 73.1217 of the Commission's Rules, prevents stations from running any information about a "crime or catastrophe" on the air, if the broadcaster (1) knows the information to be false, (2) it is reasonably foreseeable that the broadcast of the material will cause substantial public harm and (3) public harm is in fact caused.  Public harm is defined as "direct and actual damage to property or to the health or safety of the general public, or diversion of law enforcement or other public health and safety authorities from their duties."  Air a program deemed a hoax, and expect to be fined by the FCC.

This rule was adopted in the early 1990s after several incidents that were well-publicized in the broadcast industry, including one case where the on-air personalities at a station claimed that there was someone at the station who had taken them hostage, and another case where a station broadcast bulletins that announced that a local trash dump had exploded like a volcano, and was spewing burning trash around the local neighborhood.  In both cases, first responders were notified about the non-existent emergencies, actually responded to the notices that listeners called in, and were prevented from doing their duties responding to real emergencies.  In light of these sorts of incidents, the FCC adopted its prohibition against broadcast hoaxes.  But the FCC rule is not the only reason to be wary on April 1. 

Beyond potential FCC liability in connection with any broadcast hoax, or even with a broadcast contest, there is always the potential for civil liability should someone get hurt because of false information broadcast by a station.  In these cases, had people been injured because first responders had been responding to the hoaxes instead of to real emergencies, stations could have faced potential liability.  We all remember the Sacramento contest-gone-wrong that resulted in multi-million dollar liability against a radio station for the death of a contestant during the station contest.  If some April Fools stunt by a station goes wrong, and someone is injured either because police, fire or paramedics are tied up responding to a false alarm, or if someone is hurt rushing to the scene of an event that is not real, those who are injured will be looking for a deep pocket to sue - and broadcasters may become the target.

So have fun, but think through your April Fools gags carefully.  Don't do anything that could make you look like a fool after the April 1 has come and gone.

Carl Cox performing on Saturday at the 2011 Ultra Music Festival in Miami.

The long-told rumor of a Google Music service takes another step toward clarity with the possibilty that Google has begun testing Google Music internally, which could be a sign that Google is in the final stages before a launch.

Watch video performances from Tiesto, Carl Cox, Moby, Underworld and Pendulum. More videos will be added over time.

Moby performing at the 2011 Ultra Music Festival in Miami.

Pitchfork has announced a second wave acts for this year's lineup.

Underworld performing on Saturday at the 2011 Ultra Music Festival in Miami.