May, 2009

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FCC Says that Permittee of New Noncommercial FM Station Cannot Change Coverage Area if It Won the Permit Based on 307(b) Preference

Broadcast Law Blog

A decision released by the FCC's Media Bureau staff this week makes clear that the permittee of a noncommercial station , who was awarded the permit based on a 307(b) preference , cannot change transmitter sites so as to abandon service to the area that it promised to cover in order to get the preference - even if it proposes to cover an equivalent amount of underserved area from its new transmitter site.

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Rules On New Ownership Reports Released - Including Proposals for Information from Noncommercial Broadcasters

Broadcast Law Blog

The full text of the FCC's revisions to its ownership report filing process was released last week. The new rules will require that all commercial stations (including LPTV stations) file an updated Form 323 on November 1 every other year - starting in 2009. The Order does not add much to the summary that we provided when the decision was first announced, though it does make clear that the electronic form will be revised to no longer allow for PDF attachments, instead requiring that all informati

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Comments Due on July 13 on FCC Proposals to Restrict Movement of FM Stations

Broadcast Law Blog

Last month, the FCC released its proposal to restrict the movement of FM stations from rural areas into larger markets (which we summarized here ). The proposals that the FCC has put forward would greatly restrict the ability of broadcast owners to move stations to cover larger population areas - in many senses reversing the decision of the FCC just two years ago granting stations more flexibility to change cities of license and otherwise improve their facilities (see our posts here and here ).

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Broadcast Performance Royalty Passes House Judiciary Committee - A Work In Progress

Broadcast Law Blog

The House of Representatives Judiciary Committee today approved a bill that would impose, for the first time, a royalty on radio broadcasters for the public performance of sound recordings in their over-the-air broadcasts. if this bill were to be adopted by the full House of Representatives and the Senate, and signed by the President, broadcasters would have to pay for the use of sound recordings (the actual recording of a song by a particular musical artist) in addition to the royalties that th

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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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FCC Sets Comment Date on Noncommercial Filing Obligations and Suspends Ownership Report Filings Until November

Broadcast Law Blog

The FCC today issued a Public Notice announcing the filing deadline for comments regarding potential modifications to the ownership report filing requirements for noncommercial broadcasters (see our post, here , on the questions that the FCC is asking). Comments are due on June 29, with replies on July 13. As mentioned in our earlier post, the FCC also issued today an Order suspending the requirement that commercial broadcasters who have upcoming ownership report filing deadlines (including the

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Localism Without Government Regulation

Broadcast Law Blog

This past week, I attended the BIAfn Winning Media Strategies Conference in Washington, DC. During the course of the conference, there was much talk about how broadcasters and publishers need to provide unique service to their communities in order to survive in the competitive media marketplace. The point was made over and over again that, in each market there are unique attributes and personalities that a station should be covering in its programming, and should be exploiting even more broadly

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Bankruptcy Wipes Out FCC Fine

Broadcast Law Blog

In a case released this week, the FCC decided to forgive a fine that had been imposed on a radio station for not timely filing its license renewal (and for operating after the license expired without authority). The fine was eliminated because the station's operator had declared bankruptcy , and the persons who were in charge of the station at the time of the violation were no longer involved in its operation.

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FCC Begins Formal Inquiry Into Arbitron PPM Audience Measurement

Broadcast Law Blog

The FCC today issued a Notice of Inquiry into the use of the Portable People Meter technology of radio audience measurement now being rolled out by Arbitron in radio markets throughout the country. Several months ago, various groups petitioned the FCC for an inquiry into the PPM, contending that it has certain methodological flaws that undercounted particular groups, including minority groups, and thus could have an impact on the financial viability of the stations listened to by such groups (se

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Janet Jackson Case Sent Back to Court of Appeals - Could There Be An Even Greater Impact on Broadcast Regulation?

Broadcast Law Blog

In light of the recent decision upholding the FCC's right to sanction licensees for violations of the FCC's Indecency rules for " fleeting expletives " in the Golden Globes and Billboard music awards, i.e. isolated profanity on the airwaves, the Supreme Court also remanded the Janet Jackson case to the Court of Appeals. The one sentence remand (see page 2 of the list of orders) was so that the Court of Appeals could consider the impact of the fleeting expletives case on the Court of Ap

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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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NAB President David Rehr to Leave - What's Next for His Replacement?

Broadcast Law Blog

National Association of Broadcasters President David Rehr today announced his decision to leave the Association, leaving the NAB without a leader at a time when the Association is facing an incredible number of challenges in Washington. One can only hope that the NAB acts quickly to replace Rehr with someone prepared to aggressively address the needs of an industry hobbled by the current economic climate, and challenged by regulatory issues that could further undermine the ability of radio and t

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Selling Stories In a Broadcast Station's News Programs - Remember the Sponsorship Identification

Broadcast Law Blog

A recent stir was created when a Midwestern television company was reported to have signed a contract with a state government agency, promising to market the agency and its programs throughout the state. This promotion was to include a segment in the company's televised news promoting the effects of the work of the agency. Questions were immediately raised about whether this was prohibited by FCC rules.

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Remember FCC Public File Obligations When Running Issue Advertising

Broadcast Law Blog

We’re not even in what most would consider election season - except for the two states with off-year governor’s contests and those other states with various state and municipal elections. Yet political ads are running on broadcast stations across the country. Republican groups have announced plans to run ads attacking certain Democratic Congressmen who are perceived as vulnerable, while certain Democratic interest groups have run ads about the positions of Republicans on the Obama st

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Even Though Old Media May Be Dying - Let's Regulate Them While We Can - Broadcast License Renewals Every Three Years?

Broadcast Law Blog

In a speech to the Free Press Summit , Acting FCC Chairman Michael Copps suggested that broadcast license renewals should no longer be a "postcard", but instead should be a real test of the broadcaster's service to the public interest - and should happen every three years, rather than on the eight year renewal cycle that is currently provided for by the law.

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What Your Financial Statements Are Telling You—And How to Listen!

Speaker: David Worrell, CFO, Author & Speaker

Your financial statements hold powerful insights—but are you truly paying attention? Many finance professionals focus on the income statement while overlooking key signals hidden in the balance sheet and cash flow statement. Understanding these numbers can unlock smarter decision-making, uncover risks, and drive long-term success. Join David Worrell, accomplished CFO, finance expert, and author, for an engaging, nontraditional take on reading financial statements.