Broadcast Law Blog

APRIL 26, 2009

We recently wrote about the agreements between SoundExchange and various groups of webcasters, which became effective under the terms of the Webcasters Settlement Act. These rates act as a substitute for the rates set by the 2007 Copyright Royalty Board decision setting Internet radio royalties for the use of sound recordings in the period from 2006-2010.

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Broadcast Law Blog

APRIL 1, 2009

The FCC today issued a long-awaited public notice , clarifying the relationship between FM educational stations and the analog Channel 6 TV stations that have or will be disappearing after the digital transition. As we've written before, the question of whether noncommercial FM stations could seek improvements in their facilities based on the imminent disappearance of the Channel 6 stations has been pending for quite some time.

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Broadcast Law Blog

APRIL 28, 2009

Last month, we warned readers that the FCC application fees were going up. And today is the day that the new fees take effect. So, if you are planning an FCC filing today or at any time in the future, remember to pay those higher fees - or face the risk of having your application bounced by the FCC for insufficient payments. And, while we are on the subject of fees, the agenda for next month's FCC meeting calls for a Notice of Proposed Rulemaking on the regulatory fees that stations pay each yea

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Broadcast Law Blog

APRIL 30, 2009

In a decision fining a noncommercial radio station $7200 for failure to have several year's worth of quarterly issues programs lists in its public inspection file , the FCC specifically stated that it does not have a reduced scale for fines for noncommercial broadcasters. Instead, noncommercial station licensees, like the college that was involved in this case, have to justify a reduction in the amount of a fine based on financial hardship by providing a financial statement for the licensee itse

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Broadcast Law Blog

APRIL 28, 2009

In a decision released today, the US Supreme Court upheld the FCC determination that fleeting expletives in the televised broadcasts of the Golden Globes and Billboard Music Awards violated the FCC's indecency rules. In this case, called Federal Communications Commission v Fox Television Stations, Inc., the Supreme Court overturned the decision of the Second Circuit Court of Appeals, which had found the FCC decision to be arbitrary and capricious.

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Broadcast Law Blog

APRIL 19, 2009

Last week, the FCC fined yet another broadcaster for violations of its contest rules , issuing a fine of $4,000 to a station that had not disclosed to its listeners all of the material terms of a contest that it conducted on the air. In this case, the station promised a give-away of three cars, but in reality it was only awarding to winners a two-year lease for the cars, not actual ownership of the vehicles.

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Broadcast Law Blog

APRIL 18, 2009

The dates and minimum bids are set – and the next auction for new FM stations is a go for September 1, 2009. Applications to participate in the auction are due during the period June 16 to June 25 , and must be filed electronically at the FCC, specifying on which of the 122 available channels an applicant is interested in bidding. Full, detailed auction instructions can be found in the FCC’s Public Notice , and the list of available channels and the minimum bids for each is available

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Broadcast Law Blog

APRIL 19, 2009

Last week, the FCC fined yet another broadcaster for violations of its contest rules , issuing a fine of $4,000 to a station that had not disclosed to its listeners all of the material terms of a contest that it conducted on the air. In this case, the station promised a give-away of three cars, but in reality it was only awarding to winners a two-year lease for the cars, not actual ownership of the vehicles.

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Broadcast Law Blog

APRIL 10, 2009

This weekend, the Broadcast Law Blog is scheduled for a makeover, with a new look that goes with the new Davis Wright Tremaine website and other changes in our firm's branding materials. But, for our loyal readers, the look may change, but the content will remain the same - covering legal issues and developments of interest and importance to broadcasters , webcasters and other media companies.

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Broadcast Law Blog

APRIL 10, 2009

This weekend, the Broadcast Law Blog is scheduled for a makeover, with a new look that goes with the new Davis Wright Tremaine website and other changes in our firm's branding materials. But, for our loyal readers, the look may change, but the content will remain the same - covering legal issues and developments of interest and importance to broadcasters , webcasters and other media companies.

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Broadcast Law Blog

APRIL 7, 2009

As part of its order in it proceeding to encourage diversity in broadcast ownership , the FCC adopted a number of new rules , including a rule allowing parties holding construction permits for new broadcast stations to sell those permits to " qualified entities." The buying qualified entity would then then get 18 months to construct the new station, even if the construction permit would otherwise expire in less than 18 months.

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Broadcast Law Blog

APRIL 8, 2009

In January, the Copyright Royalty Board asked for comments as to whether it should require " census reporting " of all sound recordings that are used by a digital service subject to the statutory royalty. This would replace the current requirement that services need only report on the sound recordings used for two weeks every calender quarter.

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Broadcast Law Blog

APRIL 8, 2009

At its meeting today, the FCC decided to revamp its Ownership Report filing process - requiring all stations to file Biennial Ownership Reports on FCC Form 323 on November 1 of this year - even stations that have just filed those reports in the normal course in the last few months. All stations will have to file every two years thereafter - on November 1 of every other year.

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Broadcast Law Blog

APRIL 8, 2009

At its meeting today, the FCC decided to revamp its Ownership Report filing process - requiring all stations to file Biennial Ownership Reports on FCC Form 323 on November 1 of this year - even stations that have just filed those reports in the normal course in the last few months. All stations will have to file every two years thereafter - on November 1 of every other year.

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Small Business Construction Government 40

Broadcast Law Blog

APRIL 8, 2009

In January, the Copyright Royalty Board asked for comments as to whether it should require " census reporting " of all sound recordings that are used by a digital service subject to the statutory royalty. This would replace the current requirement that services need only report on the sound recordings used for two weeks every calender quarter.

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Broadcast Law Blog

APRIL 7, 2009

As part of its order in it proceeding to encourage diversity in broadcast ownership , the FCC adopted a number of new rules , including a rule allowing parties holding construction permits for new broadcast stations to sell those permits to " qualified entities." The buying qualified entity would then then get 18 months to construct the new station, even if the construction permit would otherwise expire in less than 18 months.

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Broadcast Law Blog

APRIL 5, 2009

A recent FCC decision shows how important it is for an applicant for a construction permit for a new or modified broadcast station, which entails the construction of a new tower , to take all steps set out on the the environmental worksheets associated with FCC Form 301 before certifying that the tower will not create environmental issues. In the recent case, the FCC did not find that any actual environmental issues existed with the applicant's proposed construction of a new tower, but it nevert

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Broadcast Law Blog

APRIL 5, 2009

A recent FCC decision shows how important it is for an applicant for a construction permit for a new or modified broadcast station, which entails the construction of a new tower , to take all steps set out on the the environmental worksheets associated with FCC Form 301 before certifying that the tower will not create environmental issues. In the recent case, the FCC did not find that any actual environmental issues existed with the applicant's proposed construction of a new tower, but it nevert

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Broadcast Law Blog

APRIL 4, 2009

The week, Congressman Rick Boucher , a member of both the House of Representatives Commerce and Judiciary Committees , told an audience of broadcasters at the NAB Leadership Conference that they should accept that there will be a performance royalty for sound recordings used in their over-the-air programming and negotiate with the record companies about the amount of a such a royalty.

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Broadcast Law Blog

APRIL 4, 2009

The week, Congressman Rick Boucher , a member of both the House of Representatives Commerce and Judiciary Committees , told an audience of broadcasters at the NAB Leadership Conference that they should accept that there will be a performance royalty for sound recordings used in their over-the-air programming and negotiate with the record companies about the amount of a such a royalty.

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Broadcast Law Blog

APRIL 3, 2009

NPR Labs has announced that it is going to conduct a further study, financed by the Corporation for Public Broadcasting, of the potential of interference from a proposed increase in the power of HD Radio operations. Last year, NPR had raised issues with the proposal by Ibiquity and a number of commercial broadcasters for power increases in the digital radio operations of FM radio stations.

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Broadcast Law Blog

APRIL 3, 2009

NPR Labs has announced that it is going to conduct a further study, financed by the Corporation for Public Broadcasting, of the potential of interference from a proposed increase in the power of HD Radio operations. Last year, NPR had raised issues with the proposal by Ibiquity and a number of commercial broadcasters for power increases in the digital radio operations of FM radio stations.

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Broadcast Law Blog

APRIL 1, 2009

The FCC today issued a long-awaited public notice , clarifying the relationship between FM educational stations and the analog Channel 6 TV stations that have or will be disappearing after the digital transition. As we've written before, the question of whether noncommercial FM stations could seek improvements in their facilities based on the imminent disappearance of the Channel 6 stations has been pending for quite some time.

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