Broadcast Law Blog

JULY 13, 2011

ICANN (the Internet Corporation for Assigned Names and Numbers) has approved the use of.xxx as a domain (like.com) for the adult entertainment industry. In September, broadcasters and others with registered marks will have an opportunity to reserve their marks defensively in the.xxx domain. While adult-oriented website operators may be interested in reserving spots in the.xxx top level domain (TLD), broadcasters may be just as eager to prevent their call signs and other marks from being used in

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The Paralegal Resource

JULY 14, 2011

Social media is being utilized each day by a wide array of people. It is no longer young individuals and celebrities, but now a multitude of individuals including executives, organizations and companies. Within this new broad spectrum of social media users is a place for law firm social media. Here are some ways law firms can use each channel of social media.

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ABC's of E-Discovery

JULY 27, 2011

eDiscovery Lessons From Casey Anthony Trial

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Broadcast Law Blog

JULY 13, 2011

As our colleague Brian Hurh wrote today on our sister blog, www.broadbandlawadvisor.com , the Video Programming Accessibility Advisory Committee has released its Report to the FCC on the closed captioning of IP-video programming as required by the 21st Century Communications and Video Accessibility Act passed last October. A copy of the report released today is available here.

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Technology 60

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Broadcast Law Blog

JULY 21, 2011

If a broadcaster is looking to maximize the fine that they receive for FCC violations, one would be hard pressed to pick three violations more likely to draw the ire of the FCC than those that were found after a field inspection of a North Carolina AM station, leading to a Notice of Apparent Liability proposing to fine the station $25,000. The inspection found a tower site with an unlocked fence (a fence which was also observed to be in disrepair) around areas of high RF radiation, and no eviden

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Broadcast Law Blog

JULY 26, 2011

A consent decree entered into by a radio broadcaster, which included a $12,000 "voluntary contribution" to the US Treasury, demonstrates once again the FCC's concerns about sponsorship identification issues. The week before last, we wrote about the FCC fine levied on a television broadcaster for not including sufficient sponsorship information when a "video news release" was broadcast on a local television station without disclosing that the video footage had been produced by

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Broadcast Law Blog

JULY 25, 2011

The recent decision of the Third Circuit Court of Appeals which overturned the FCC's 2007 rulings on newspaper-broadcast cross ownership and on diversity initiatives, took an unexpected turn today. The FCC issued a Public Notice announcing that it would immediately stop giving " Eligible Entities " an advantage in certain instances - most particularly the extension of construction permits for new stations that are close to their expiration dates.

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Broadcast Law Blog

JULY 12, 2011

At today's FCC open meeting, the Commission adopted a Notice of Proposed Rule Making ("NPRM") to begin the process of implementing the Local Community Radio Act of 2010, passed by Congress last year, and to chart a path to the licensing of new LPFM stations. (See our earlier posting here regarding the Local Community Radio Act of 2010.) While today's item does not attempt to address all of the issues raised by the Act, it starts the implementation process and seeks to develop processin

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Broadcast Law Blog

JULY 31, 2011

When one broadcast licensee company buys another, or when there is a restructuring of a company with broadcast ownership holdings that are grandfathered under current ownership rules, there often arises a need to divest stations so that the buyer (or the new controlling parties after a restructuring) complies with the multiple ownership rules after the completion of the transaction.

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Broadcast Law Blog

JULY 29, 2011

Just a reminder to broadcast stations in certain states of several upcoming August 1st obligations. Specifically, on Aug. 1, radio stations in certain states must commence pre-filing or post-filing announcements (depending on the state in which they are located) in connection with the license renewal cycle. In addition, Annual EEO Public File Reports must be prepared and placed in the public files by August 1st for stations in certain states.

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Broadcast Law Blog

JULY 29, 2011

August 29 will be the deadline for initial comments on the FCC's proceeding to set the relationship between applications for new LPFM stations and those for FM translators, a date set forth in a Federal Register publication of the FCC's Notice of Proposed Rulemaking on this topic. We wrote about the FCC's NPRM here. But it bears emphasizing that the decisions made in this proceeding will impact the processing of the thousands of FM translator applications still pending from the window opened for

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Broadcast Law Blog

JULY 24, 2011

The FCC has announced the final amount of its regulatory fees for FCC Fiscal Year 2011 - fees that will be due during a window not yet announced - but likely sometime in late August or September. The Fees, set out below, are pretty much identical to those that were proposed in May, when the FCC sought comments on these fees. The procedures for filing will be much the same as in the recent past, though the FCC did make a few clarifications on some issues affecting broadcasters.

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Broadcast Law Blog

JULY 19, 2011

The FCC has granted a short extension for Reply Comments on the implementation of the CALM Act. The new deadline for Reply Comments is August 1, 2011. We wrote about the issues in this porceeding here , The CALM Act ("Commercial Announcement Loudness Mitigation" Act), which must be implemented by the end of this year, is meant to require broadcasters, cable companies and other MVPDs to eliminate loud commercials - commercials that are substantially louder than the associated programmin

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Broadcast Law Blog

JULY 19, 2011

The deadlines for the digital conversion of LPTV stations , TV translators and Class A TV stations were announced on Friday, in an Order where the FCC also provided some indication of their expected timetable for the reclamation of some of the television spectrum for broadband use – and that expectation is nowhere near as aggressive as originally announced two years ago in the FCC’s Broadband Report.

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Broadcast Law Blog

JULY 8, 2011

The FCC has issued a Forfeiture Order , confirming a $4000 fine levied against a Minneapolis TV station for airing a video news release ("VNR") without sponsorship identification. This case was previously discussed in our March 25th blog entry , when the Commission issued a Notice of Apparent Liability ("NAL") against the station for this violation.

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Broadcast Law Blog

JULY 8, 2011

The Third Circuit Court of Appeals has once again questioned the FCC's determinations on broadcast ownership issues. In a decision just published, Prometheus Radio Project v FCC , the Court reviewed the FCC's 2007 actions relaxing the newspaper-broadcast cross-ownership rules and adopting policies to increase diversity in broadcast ownership. These FCC decisions had followed a prior decision of the Third Circuit determining that the FCC's 2003 Ownership Order , relaxing many FCC ownership rules,

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The Paralegal Resource

JULY 14, 2011

In the world of information technology, it seems that every few years a new concept comes along that emerges as being the next great leap in technology. One of the current concepts that fits that description in the IT world is called cloud computing. However, before a company decides that it will embrace cloud computing, it needs to make sure that it understands all the implications of this new offering.

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Technology 40

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The Paralegal Resource

JULY 12, 2011

With continuous unprecedented growth in electronically stored information in the past few years, and, with this information showing no signs of letting up in the coming years, companies are struggling with information risk from new resources like cloud computing, web 2.0 tools, etc. These technologies present eDiscovery challenges that will keep in-house legal experts and other law firms working at full capacity.

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The Paralegal Resource

JULY 14, 2011

Most contract disputes are unexpected by one or all of the parties involved. Otherwise, the parties would never have entered into the contract in the first place.

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Contract 40

Broadcast Law Blog

JULY 21, 2011

Broadcasters beware - podcasts with music may be dangerous to your economic health. In recent weeks, I've come upon more than one incident where a broadcaster was providing podcasts containing music on their website, or allowing listeners to download or stream on-demand some new, hot song. I've even seen certain articles in the trade press advocating that stations do podcasts of their morning shows, or otherwise provide some sort of programming containing music on their websites in a manner in w

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