May, 2016

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FCC To Consider Abolition of Requirement that Broadcasters Maintain Letters From the Public in their Public Files – Moving Toward the End of the Physical Public File?

Broadcast Law Blog

Yesterday, the FCC announced its agenda for its May open meeting to be held on May 25. Among the items on the agenda is a proposal to adopt a Notice of Proposed Rulemaking looking to abolish the obligation that broadcasters maintain in their public files copies of letters and emails from the general public about station operations. These letters are the last vestige of the physical public file for TV broadcasters who several years ago migrated the rest of their public file to an online system ma

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Summer Internships – Good for FCC EEO Credit, But Be Careful of Wage and Hour Law Implications

Broadcast Law Blog

As summer approaches, many stations are preparing for the arrival of summer interns. While internship programs can earn stations EEO “credit ” towards meeting the requirement that they conduct non-vacancy specific outreach efforts (the so-called “ menu options ” or “ supplemental efforts ” offered by the FCC to encourage stations to reach out to their communities to educate community residents as to what jobs are available at broadcast stations, and how people can train for and find

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Copyright Royalty Board Webcasting Royalty Decision Published in the Federal Register – Appeals Due in 30 Days

Broadcast Law Blog

The Copyright Royalty Board Decision on the royalty rates to be paid for the public performance of sound recordings by Internet radio companies – webcasting royalties – was published in the Federal Register today. We wrote about that decision setting the royalties here and here. The publication in the Federal Register gives parties to the proceeding 30 days in which to file an appeal of the decision.

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Equal Opportunities – What to Do With the On-Air Employee who Runs for Political Office

Broadcast Law Blog

Last week, we posted a reminder about the obligations for stations to provide equal opportunities for competing candidates to buy time on broadcast stations, and also talked about how the equal time provisions do not apply to bona fide news and news interview programs. Almost immediately, I received several questions about on-air employees who decide to run for political office , and how they are treated for purposes of the equal opportunities rule.

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Research: The Anatomy of a Legal Brief

Why does it take 20-40 hrs. to create a compliant legal brief? TypeLaw analyzed 10,000+ briefs to determine the anatomy of the average brief—how many words, paragraphs, citations to the record, and more. See the research results in this infographic.

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June Regulatory Dates for Broadcasters – EEO and Noncommercial Ownership Reports, Incentive Auction, Radio Online Public File, and Comments on EAS and Regulatory Fees

Broadcast Law Blog

While summer has just about arrived, FCC regulatory dates do not depart to the beach and leave the world behind. Instead, there are a host of filing deadlines this month. EEO Public Inspection file reports must, by June 1 , be placed in the public inspection files of stations that are part of employment units with 5 or more full-time employees if the stations are located in the following states: Arizona, Idaho, Maryland, Michigan, Nevada, New Mexico, Ohio, Utah, Virginia, West Virginia, Wyomin

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Appeals Court Tells FCC to Finalize Multiple Ownership Review, Throws Out TV JSA Attribution, and Questions Newspaper-Broadcast Cross-Ownership Ban

Broadcast Law Blog

The Third Circuit Court of Appeals yesterday issued an opinion faulting the FCC for not completing any required review of its broadcast ownership rules since the 2006 review was completed in 2007. These reviews of its ownership rules, now done as “ Quadrennial Reviews ” every four years, but previously required to be done biennially, have been the subject of much judicial review and delay in the past 9 years.

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Fine for Missing Quarterly Issues Programs List Not Excused by Intervening Transfer of Control of TV Station – Buy Assets Not Stock to Avoid Assuming Prior Owner’s FCC Liabilities

Broadcast Law Blog

In an FCC decision fining a TV station $10,000 for failing to include 15 Quarterly Issues Programs lists in its public inspection file, the FCC refused to reduce the proposed liability based on an intervening “long-form” transfer of control followed by a short-form assignment of license of the station. Thus, even though the station was no longer controlled by the same individuals who controlled the station at the time of the violation, and even though the licensee company was different, the fine

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FCC Announces June 24 Effective Date for Radio Online Public Inspection File and New System for TV Stations Online File, Plus a Reminder to Upload JSAs

Broadcast Law Blog

The FCC today issued a Public Notice that the obligation will begin on June 24 to start uploading documents to the online public file for radio stations in the Top 50 markets. For Top 50 market commercial radio stations that are part of employment units with 5 or more full-time employees, the June 24 date will mark the start of their obligation to upload materials to the online public file.

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Countdown to the Incentive Auction – FCC Announces Details of May 24 Workshop for Reverse Auction Participants, and Reminds Them to Preview the Auction System

Broadcast Law Blog

Yesterday, the FCC released a Public Notice setting out the agenda for the May 24 Workshop to explain the process of bidding in the reverse auction. The reverse auction is of course when broadcasters can bid to surrender their current channel to the FCC so that the FCC can repackage the surrendered spectrum and then sell it in the “Forward Auction” to wireless companies who plan to use it for wireless broadband and other uses (and the bidding among TV stations for the right to vacate their spect

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Fresh Out of School: How to Become an Expert Paralegal

Speaker: Joe Stephens, J.D., Attorney and Law Professor

The difference between a paralegal and an exceptional paralegal isn't just competence—it's the bold initiative to anticipate needs, master hidden firm dynamics, and transform challenges into opportunities that showcase your indispensable value. Join this webinar with attorney Joe Stephens to get an insider's perspective into how you can become a strategic asset to your practice!

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New Federal Advertising Rules on E-Cigs and Other Tobacco Products Adopted – To Become Effective within Two Years

Broadcast Law Blog

E-Cigs and vape shops have become a new advertising category for many broadcast stations over the last few years. Unlike ads for cigarettes, little cigars, and smokeless (chewing) tobacco, which are effectively banned on broadcast stations , there are currently few Federal rules on e-cigs. Ads currently cannot make health claims about the product (so the ads cannot say that they are healthier than smoking cigarettes, nor can an ad even make the claim that e-cigs help users stop smoking).

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With November’s Presidential Election Taking Shape – Likely Political Advertising Issues Ahead for Broadcasters – Looking at Equal Opportunities

Broadcast Law Blog

After last week’s Indiana primary, it appears that the Republican Party will be nominating Donald Trump as their Presidential candidate. While Hillary Clinton’s defeat in that primary may mean that the primaries continue to have meaning on the Democratic side, with apologies to supporters of Senator Sanders among our readers, most political commentators seem to believe that the likely Presidential matchup will pit Mr.

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