Broadcast Law Blog

APRIL 13, 2012

The Communications Act's ban on noncommercial broadcast stations running political and issue advertising was struck down as unconstitutional by the US Court of Appeals for the Ninth Circuit. While the Court upheld the prohibition on commercial advertising for products and services, the majority of the Court felt that the ban on political advertising could not be justified.

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The Paralegal Resource

APRIL 20, 2012

Electronically Stored Information (ESI) can be difficult to preserve if an employee suddenly leaves a company, but you can follow these steps to ensure you maintain this data regardless of the situation.

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Broadcast Law Blog

APRIL 13, 2012

The Librarian of Congress today announced the appointment of a new Chief Judge for the Copyright Royalty Board. The new Chief Judge will be Suzanne Barnett, a superior court judge of King County in Seattle, Washington. This is the first new judge on the three-judge CRB since the judges were first appointed in January 2006, soon after Congress first created the CRB.

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Broadcast Law Blog

APRIL 5, 2012

Communications towers that are not lit as required often bring big fines from the FCC. In two decisions released today, the Commission followed that precedent. In one case, the FCC proposed a fine of $17,000 to a tower owner after repeated promises to fix lights that were out did not result in any resolution of the issue after 2 years (problems which, according to the FCC decision, were first brought to the tower owner's attention by the FCC).

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Broadcast Law Blog

APRIL 3, 2012

While rumors are flying that the FCC is rushing to adopt its proposals to require that TV stations put their public inspection files online (see our summary of the proposals here ), both the FCC and public interest groups are targeting the public files of television stations - looking to copy some or all of those files. Rumors are that the FCC inspected the public files of all television stations in Baltimore - and asked for copies of the complete files to be produced at the FCC within a day or

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Broadcast Law Blog

APRIL 1, 2012

We recently wrote about the FCC's new rules requiring the captioning of television video retransmitted on the Internet. Those rules have now been published in the Federal Register, which sets the effective dates for the implementation of those rules. The rules become effective on April 30, which means that any video that is broadcast on TV on or after that date, that has captions when broadcast, must also have such captions when transmitted online at any time after September 30 (giving parties s

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Broadcast Law Blog

APRIL 24, 2012

In three proposed fines issued in the last few weeks, the FCC proposed $10,000 fines for the failure of stations to have all of their required Quarterly Issues Programs Lists in their public files. In one case , the deficiency was discovered by an FCC inspector, filing random reports missing from 2007-2009. In two others ( here involving a noncommercial station and here ), the missing reports were reported by the stations in their renewal applications, and the missing reports also just covered p

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Broadcast Law Blog

APRIL 26, 2012

The FCC has adopted a Notice of Proposed Rulemaking suggesting, with significant limitations, a liberalization of its rules that prohibit noncommercial broadcasters from raising funds for an entity other than the station itself if the fundraising suspends or alters normal programming of the station. As we've written before , the FCC prohibits noncommercial broadcasters from raising funds for charities and other non-profit organizations through telethons or other special programming.

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Broadcast Law Blog

APRIL 25, 2012

As we wrote last month , the Commission has asked for public comment on whether an Internet delivered video programming service can qualify under the FCC rules and the Communications Act to be treated as a multichannel video programming distributor (an "MVPD"). While the FCC has in the past determined that an MVPD needs to have facilities associated with its programming service (like a cable or satellite delivered system), it asks if that is indeed required under the definitions in the

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Broadcast Law Blog

APRIL 23, 2012

In the last few weeks, I've twice had the occasion to summarize the legal issues facing broadcasters , and it amazes me at how many issue there are and, how quickly the issues are changing. On April 12, I did an update on these issue to the Oklahoma Association of Broadcasters at their annual convention - the PowerPoint slides for which are available here.

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Broadcast Law Blog

APRIL 22, 2012

The conversion of EAS alerts from text to speech by broadcast stations and cable systems, through systems contained in the stations and systems EAS equipment, was prohibited in the FCC's Fifth Report and Order (summarized here ) implementing the rules for the technology for the Common Alerting Protocol - the Internet-based alert system that must be activated by stations and systems by June 30.

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The Paralegal Resource

APRIL 19, 2012

A paralegal organization may handle hundreds of cases, so these professionals must find the best ways to effectively manage their time. Check out these simple tips that can help those employed at a legal organization to maintain optimal productivity.

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The Paralegal Resource

APRIL 17, 2012

Companies may employ several solutions for destroying data, and understanding how to effectively prevent private information from getting into the wrong hands will help you better manage your operations.

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APRIL 17, 2012

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Broadcast Law Blog

APRIL 12, 2012

Broadcasters are not the only ones with FCC-regulated EEO obligations. Cable system operators and other MVPDs have similar FCC EEO obligations, requiring wide dissemination of information about job openings and the maintenance of public file information. In a decision released today, the FCC proposed a $11,000 fine to an MVPD for failing to widely disseminate information about all of its job openings, for failing to keep a public file with the required information about its recruitment efforts,

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Broadcast Law Blog

APRIL 11, 2012

The broadcast and music trade press brought news of a settlement between music companies and digital media services regrading digital music royalties. Some press reports jumped to the conclusion that the decision had something to do with the royalty rates that Internet radio companies pay SoundExchange for streaming their music on the Internet. Others expressed disappointment that it did not seem to address that issue at all.

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Broadcast Law Blog

APRIL 9, 2012

Three broadcast items are tentatively scheduled for the next FCC meeting, to be held on April 27, according to the tentative agenda released today. In one expected action, though perhaps moving more quickly than many thought possible, the FCC has indicated that it will adopt a Notice of Proposed Rulemaking on adopting a new form on which television broadcasters would detail their public interest programming and other programming that addresses community needs.

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Broadcast Law Blog

APRIL 6, 2012

Determining how much interference to full-power FM stations is acceptable from LPFM stations is perhaps, in the long run, one of the most important issues discussed in the FCC's two orders released two weeks ago clarifying the rules for LPFM stations. The FCC's proposals on this issue, and several others, has now been published in the Federal Register , asking for public comments by May 7, with reply comments due May 21.

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Broadcast Law Blog

APRIL 5, 2012

As technology changes, the definitions in the FCC rules don't always keep up. In a public notice released last Friday, the FCC asked for public comment on what its definition of an "MVPD" - Multichannel Video Programming Distributor - means for purposes of its program access rules. These rules limit exclusive contracts for certain programming that one would normally think of as network cable programming, in order to make that programming available to competing distribution technologies

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The Paralegal Resource

APRIL 20, 2012

Electronic discovery (eDiscovery), the process many attorneys use to secure evidence in civil or criminal legal cases, may require the use of cloud computing.

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Broadcast Law Blog

APRIL 27, 2012

At its meeting today, the FCC voted to require that television stations maintain most of their public inspection files online , in a database to be created by the FCC (see the FCC's Public Notice here ). While the details about this obligation have not yet been released, from the comments at the FCC meeting, much is already evident. All TV stations will have to post their files to an online server to be maintained by the FCC.

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