Broadcast Law Blog
OCTOBER 3, 2009
While we have written much about the battle over the broadcast performance royalty (or the " performance tax " as broadcasters call is) - whether broadcasters will have to pay artists and record labels for the right to play their music on the air - we have not written much about another looming issue with the royalties that broadcasters must pay to play music on their stations.
Broadcast Law Blog
OCTOBER 13, 2009
The Copyright Royalty Board has ordered that most digital music services provide " census reporting " of all songs played by their service, along with other information including the number of listeners who heard each song each time it was played. The decision, published in the Federal Register today, is a follow up to the Notice of Proposed Rulemaking about which we wrote here , proposing this new permanent rule to replace the interim requirements that required that digital music serv
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Broadcast Law Blog
OCTOBER 26, 2009
An article from TV NewsCheck last week reported on an approach by an FCC representative to television operators, floating an idea that the FCC would "buy" TV spectrum from existing television station operators , and repurpose that spectrum for wireless users - presumably some sort of wireless broadband. The funds to buy the spectrum would come from the auction of the frequencies.
Broadcast Law Blog
OCTOBER 30, 2009
As we expected , the FCC has set the date for the filing of the newly revised Ownership Reports on the revised FCC Form 323. All commercial broadcast stations nationwide will need to file by December 15 , according to the Public Notice released today. According to the Public Notice, the Form will be available in the FCC's CDBS electronic filing system by approximately November 16, and licensees can start to file as soon as the form is available.
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Broadcast Law Blog
OCTOBER 28, 2009
The FCC's struggles to get a new FCC Ownership Report adopted, and to establish a uniform filing date for ownership reports from all commercial broadcasters, seems to be coming to an end. The new Form 323 Ownership Report was approved by the Office of Management and Budget last week, with the OMB apparently finding the FCC's recent revisions of the form (about which we wrote here ) to be sufficient to answer objections that had been raised about its paperwork burden.
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Broadcast Law Blog
OCTOBER 22, 2009
The FCC has released the agenda for its Workshop on the multiple ownership rules (about which we wrote here ). The workshop will span three mornings (November 2-4), and will include live testimony from a different panel each morning. The first panel will include the academic perspective on ownership rules, the second the view from "public interest organizations", and the third from industry representatives, though the participants on that panel are, at this point, the most unsettled.
Broadcast Law Blog
OCTOBER 10, 2009
Section 312(g) of the Communications Act authorizes the FCC to cancel the license of any broadcast station that has not operated for a full year. In a recent case , the Commission clarified when it would choose to use that authority to cancel the license of a station that had not been on the air with authorized facilities within that one year period.
Broadcast Law Blog
OCTOBER 2, 2009
Just this morning, we posted a comment about the new FCC Form 323 Ownership Report that was supposed to be required of all commercial broadcasters on November 1 of this year, and then on November 1 of every other year thereafter. We wrote about how the approval of the form by the Office of Management and Budget under the Paperwork Reduction Act had been held up, and that the November 1 filing deadline looked unlikely.
Broadcast Law Blog
OCTOBER 31, 2009
A jury in Sacramento returned a $16.57 million verdict against Entercom Broadcasting's local subsidiary in the case involving the death of a contestant in a radio station-sponsored contest. The contest - drinking water and waiting to see which contestant would win the Nintendo Wii by being the last to have to use the bathroom - led to the death of contestant Jennifer Strange by water intoxication.
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Broadcast Law Blog
OCTOBER 23, 2009
Last Friday we posted about the FCC's announcement that it would open a filing window in December for noncommercial applicants interested in seeking authority for 67 existing vacant FM allotments. Today, the FCC revised the timing of that window and postponed the opening until February 2010. Accordingly, rather than accepting applications for these vacant noncommercial allocations in December, the window for filing will now be from February 19 through February 26, 2010.
Broadcast Law Blog
OCTOBER 14, 2009
As we've written before , the FCC every year aims to randomly audit 5% of all broadcast stations and multichannel video programming distributors (MVPDs) to assure their compliance with the Commission's EEO rules. Every few months, the FCC releases a list of the lucky regulatees who have to respond to the audit. Today, the Commission issued another one of these audit lists - this time for MVPDs, principally cable systems.
Broadcast Law Blog
OCTOBER 13, 2009
The FCC today announced that, effective October 27, noncommercial FM stations need no longer protect Channel 6 analog television channels. The lower end of the FM band, which is reserved for noncommercial educational FM broadcasting , is immediately adjacent to TV Channel 6. As most television stations abandoned Channel 6 in June when the digital television transition occurred, noncommercial stations had been protecting stations that were no longer there.
Broadcast Law Blog
OCTOBER 2, 2009
Several months ago, we wrote of the FCC's requirements for a new biennial Ownership Report for all commercial broadcast stations - to be filed by all stations in every state on November 1 of every other year - beginning with November 1 of this year. The FCC has even suspended the requirements for commercial stations to file reports that were due between the date that the rule was adopted and November 1 (reports being due on the even anniversaries of the filing of license renewal applications for
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Broadcast Law Blog
OCTOBER 15, 2009
The Senate Judiciary Committee today approved the bill to impose a performance royalty (or the "performance tax" as the NAB had called it) on radio broadcasters for the public performance of sound recordings on their over-the-air stations. As was the case in the House of Representatives when its Judiciary Committee approved their version of the bill , the Committee acknowledged that there was still work to do before a final bill would be ready for the full Congress.
Broadcast Law Blog
OCTOBER 16, 2009
The FCC today announced the opening of a filing window for noncommercial applicants interested in seeking authority for 67 existing vacant FM allotments. Applications on FCC Form 340 will be accepted from December 11th through December 18th for these vacant FM allotments in the non-reserved band between Channels 221 and 300. A full listing of the allotments that are available can be found here.
Broadcast Law Blog
OCTOBER 18, 2009
On Friday the Commission released a further Order confirming certain recent changes to its ownership reporting requirements for commercial broadcast stations and soliciting additional input on the reporting of certain non-attributable interest holders. Earlier this year, the Commission revised its rules regarding the reporting of ownership interests by commercial broadcasters.
Broadcast Law Blog
OCTOBER 18, 2009
Last Thursday, the possibility of more Low Power FM (LPFM) stations came a step closer, as a subcommittee of the the House of Representatives Energy and Commerce Committee passed a bill (the text of which is here ) which would remove existing Congressional restrictions on the FCC adopting rules to ignore potential interference from new LPFM stations to full power FMs operating on third-adjacent channels.
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Broadcast Law Blog
OCTOBER 15, 2009
On November 10, Davis Wright Tremaine's David Oxenford and Bobby Baker, the head of the FCC's Office of Political Broadcasting, conducted a webinar on the FCC's political broadcasting rules and policies. The webinar originated from Lansing, Michigan, before an audience of Michigan Broadcasters, and was webcast to broadcasters in 13 other states. Topics discussed included reasonable access , equal opportunities , lowest unit charges , and political sponsorship identification and public file rules
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