Broadcast Law Blog

AUGUST 26, 2009

In the next few days, concerns about the protection of children from indecency and violence could lead to a report from the FCC to Congress urging use of the V Chip and other parental controls in devices other than television sets. Remarks several weeks ago by FCC Chair Julius Genachowski suggesting that the FCC might want to look at content regulation beyond the broadcast medium, a view reiterated in an interview yesterday in TV NewsCheck , also suggest that concerns about the exposure of child

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The Paralegal Resource

AUGUST 27, 2009

Although many paralegals work under the supervision of an attorney, paralegals are professionals in their own right. As many people still have the common misconception that a paralegal's place in the law firm consists of little more than being an underling to a superior, it might be a good idea to get a clearer view of the facts, and possibly set this misconception to rest.

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Broadcast Law Blog

AUGUST 24, 2009

A request for advertising rates by an ad agency representing the Mini Cooper serves as a reminder to broadcasters of the recently-imposed obligation to insure that broadcast advertisers do not discriminate on the basis of race or gender. As we wrote several months ago, the FCC has adopted a new requirement that a broadcaster certify at license renewal time that their advertising contracts require advertisers certify that they were not making advertising decisions based on the race or gender of t

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Broadcast Law Blog

AUGUST 21, 2009

The question of when a digital music service is “ interactive ” and therefore requires direct negotiations with a copyright holder in order to secure permission to use a sound recording is a difficult one that has been debated since the Digital Millennium Copyright Act was adopted in 1998. In a decision of the Second Circuit Court of Appeals released today, upholding a jury decision in 1997, the Court concluded that Yahoo’s Launchcast service (now operated by CBS) is not so &ld

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Broadcast Law Blog

AUGUST 29, 2009

Many broadcasters have had the conception that there are FCC rules against liquor advertising , As we wrote in 2007, the FCC has never directly regulated liquor ads. Many years ago, the FCC did ask broadcasters seeking a license if they would rely on the NAB Code of voluntary conduct, which set out limits on broadcaster advertising for alcoholic beverages (essentially forbidding hard liquor ads).

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Broadcast Law Blog

AUGUST 12, 2009

The FCC has announced the due date for their Annual Regulatory Fees - September 22. We wrote about the amount of those fees here , and have just published an advisory summarizing some of the filing details. Our Davis Wright Tremaine Advisory on these fees is available here. Being even one day late with the payment of these fees can result in a penalty late fee of 25% of the amount due - a stiff penalty for being even a little late.

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Broadcast Law Blog

AUGUST 13, 2009

The FCC yesterday issued another in its series of EEO random audit notices , asking that approximately 170 radio stations nationwide provide information about their hiring practices. Information requested includes the last two years worth of broadcast EEO Public File reports , plus more complete documentation of the efforts outlined in the Public File reports and demonstrating that the information provided in the annual report was really conducted and accurately reported.

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Broadcast Law Blog

AUGUST 10, 2009

The FCC today asked for public comments on the petition of the MusicFirst Coalition asking the Commission to take action against broadcast stations who did not fairly address on air the proposed sound recording public performance royalty for terrestrial radio. The Petition, about which we wrote here , alleges, with very few specifics, that some radio stations have taken adverse actions against musical artists who have spoken out in support of the royalty, and also that stations have refused to r

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Broadcast Law Blog

AUGUST 9, 2009

The recent settlement on Internet radio royalties between Sirius XM Radio and SoundExchange provides yet another option for commercial webcasters trying to determine the royalties to be paid for the public performance of sound recordings. While the settlement is signed by just these two parties, it will be published in the Federal Register and be available for all commercial webcasters who comply with its terms - which will essentially be any webcaster who is not a "Broadcaster" as def

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Broadcast Law Blog

AUGUST 9, 2009

The Corporation for Public Broadcasting has entered into a settlement with SoundExchange extending their current agreement on Internet Radio royalties for " Public" radio stations through 2015. The previous deal, about which we wrote here , covered the period from 2006 to 2010. This new agreement picks up in 2011 and covers included stations through 2015.

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Broadcast Law Blog

AUGUST 7, 2009

Following the digital transition , issues with the reception of some television stations have highlighted the need for the use of outdoor antennas to receive the digital signal. Last week, in three FCC decisions, the Commission made clear that its Over-the-Air Reception Device rules (the " OTARD rules ") prohibit most zoning and other land-use restrictions, both governmental and private, on the use of such antennas.

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Broadcast Law Blog

AUGUST 27, 2009

An FCC decision released today reminds broadcasters of the need to notify the FCC of the completion of construction of a new broadcast auxiliary station. Studio Transmitter Links (STL) and Remote Pickups (RPU) have for several years been licensed through the FCC's Wireless Bureau, rather than through the Media Bureau. Unlike a grant of authority to construct a broadcast station, where the new authorization is granted in the form of a construction permit, when the Wireless Bureau grants a new aut

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The Paralegal Resource

AUGUST 26, 2009

People say that we live in a litigious society. There is some truth to that. Litigation often comes unexpectedly, is costly, messy and the outcome isn't always predictable. But as business concerns, we strive to understand our costs and factor them into comprehensive models to assure profits. The role of in-house counsel has grown in recent years in an effort to become more proactive in limiting exposure and controlling the costs which can threaten profits.

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Paralegal

The Paralegal Resource

AUGUST 26, 2009

When I started in the Paralegal profession, the use of video testimony was limited to impeachment or when a witness was not able to appear in court and their non-appearance had to be excused by the Trial Judge. Video testimony was limited to a VHS or BETA tape and it was extremely difficult to skip over portions of the video that were not played to the Jury.

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Broadcast Law Blog

AUGUST 20, 2009

The Commission today announced the agenda for its August 27, 2009 FCC Open Meeting. The agenda contains two Notices of Inquiry involving Wireless Telecommunications matters, as well as a Notice of Inquiry Notice of Inquiry about protecting American consumers by ensuring sufficient access to information about communications services. The first of the Wireless NOIs seeks input regarding the factors that encourage innovation and investment in wireless services and aims to identify concrete steps th

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The Paralegal Resource

AUGUST 11, 2009

This paper discusses, general aspects of court-based mediation in selected regions for economically developing countries using civil law systems. It is a broad overview. It examines court-based mediation in selected regions where the speakers have experience, briefly will compare Court-Annexed and the Court-Referred models, will investigate the cultural and historical influences affecting the choice of the court-based mediation model, and will discuss the role of the jurists as mediators.

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Broadcast Law Blog

AUGUST 9, 2009

Noncommercial webcasters were provided with two royalty options under settlements reached with SoundExchange pursuant to the Webcaster Settlement Act of 2009 ("WSA"). One settlement was with Noncommercial Educational Webcasters. The other, when announced, was characterized by SoundExchange as being a settlement with noncommercial religious broadcasters, though it applies to any noncommercial webcaster who elects to be subject to its terms.

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Broadcast Law Blog

AUGUST 7, 2009

The Commission today released yet another forfeiture for what has become an increasingly common oversight among broadcasters -- the failure to timely file a license renewal application for a satellite earth station. What made today's forfeiture unique, however, is the fact that the Commission proposed to double the amount of the forfeiture based on the size of the broadcast licensee and its presumed ability to pay such a fine.

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The Paralegal Resource

AUGUST 6, 2009

One of the best ways to research public policy issues is to use government created reports. There are various agencies that research and advise Congress and the Executive Branch. Typically Congress will make a request to the General Accountability Office (GAO) or the Congressional Research Service (CRS, a division of the Library of Congress) to examine a policy, a budget impact on implementing that policy, or alternatives that Congress may consider in place of that policy.

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The Paralegal Resource

AUGUST 3, 2009

Here in California, there's no stronger rule of confidentiality than that applied to a mediation. It cannot be impliedly waived like most privileges, including the near-sacred attorney-client privilege. Simmons v. Ghaderi, 2008 DJDAR 11107. You cannot be estopped from relying on it. Eisendrath v. Superior Court, 109 Cal.App.4th 351 (2003). And if you want your mediated settlement agreement enforced, you must strictly comply with the requirements of Evidence Code Section 1123.

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The Paralegal Resource

AUGUST 3, 2009

Are you facing challenges in your duties as a paralegal? Have you been assigned a new case in area you are not really familiar with? Are you worried you do not know what to do next? If you are in this category, you are not alone. With the challenges facing today's law firm, many paralegals need to learn new concepts in order to handle new clients or cases.

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Broadcast Law Blog

AUGUST 3, 2009

One of the fundamental questions that surrounds the proposed broadcast performance royalty for the use of sound recordings by over-the-air (or the " performance tax " as it has been labeled by the NAB) is how much it could it cost a broadcaster? Right now, that question is difficult to determine, as the pending bills do not themselves provide any details as to what the fees would be, except for noncommercial entities and for small broadcasters for whom fixed yearly fees are proposed.

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Broadcast Law Blog

AUGUST 2, 2009

Even though the National Association of Broadcasters has been successful in getting about 240 Congressional Representatives (far more than a majority of the House of Representatives) to sign onto a resolution opposing the adoption of a performance royalty for the use of sound recordings by broadcasters in their over-the-air programming , the efforts to enact that legislation have not died.

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Broadcast Law Blog

AUGUST 6, 2009

On Tuesday, just before the Senate recesses for its summer vacation, an abridged version of the Senate Judiciary Committee held a hearing on the proposed sound recording performance royalty for over-the-air radio. Internet radio royalties were also encompassed in this discussion, principally concerning the issue of " platform parity ", i.e. whether all music services subject to the sound recording performance royalty should pay a royalty determined by the same standard, or perhaps even

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