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'The month of November is one of those rare months on the FCC calendar when there are few routine regulatory filing deadlines for broadcasters. In odd years, we would have Biennial Ownership Reports but, being an even year, we can wait until 2015 for that obligation for commercial broadcasters. There is a new November 28 deadline, about which we wrote here , for TV stations with Joint Sales Agreements with other stations in their markets to file such agreements with the FCC.
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'The FCC announced two significant policy initiatives by Blog post in the last week – perhaps recognizing that the Internet provides a better way of packaging a message about policy directions than an unpredictable news conference. The two decisions announced this week by Blog post were (1) the Chairman announcing that he has directed that a Notice of Proposed Rulemaking be circulated among the other Commissioners to treat Over-the-Top TV providers (“OTT” providers , usually those t
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'SESAC is the one major performing rights organization whose rates have not, until now, been subject to judicial review as part of an antitrust consent decree. Perhaps because of that fact, broadcast stations have often complained about the rates they charge for the music that they license, as there is currently no cap on what SESAC can charge, and there is no requirement that SESAC treat all similar licensees in the same way.
'The FCC has extended the comment deadline for ideas about the draft form that the FCC plans to use to determine the amount of reimbursement to be paid to individual TV broadcasters for changes in channels caused by the television spectrum repacking after the incentive auction (by which portions of the TV spectrum will be purchased from existing television stations and repurposed for wireless broadband use).
'The FCC has extended the comment deadline for ideas about the draft form that the FCC plans to use to determine the amount of reimbursement to be paid to individual TV broadcasters for changes in channels caused by the television spectrum repacking after the incentive auction (by which portions of the TV spectrum will be purchased from existing television stations and repurposed for wireless broadband use).
'Just a month ago, the FCC denied complaints alleging that Washington DC TV stations had not adequately identified the true sponsor of political ads sponsored by a political action committee. When that decision came down – denied on procedural grounds by the Commission – we warned that it opened the door to more complaints in the current election cycle.
'The proposals for the royalty rates to be paid by webcasters to SoundExchange for the public performance of sound recordings for 2016-2020 are now on file with the Copyright Royalty Board, and they represent two differing perspectives on the state of the industry and how much Internet radio companies can and should pay to record companies and recording artists.
'Late last week, the FCC advanced a number of proposals on how it will deal with LPTV stations and TV translators after the incentive auction and the repacking of the TV spectrum into whatever channels are left after part of the TV band is repurposed for wireless uses. The Notice of Proposed Rulemaking raises a number of issues, including the potential for delaying the mandatory digital transition for LPTV stations and translators that continue to operate in analog.
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'As we move into the final weeks of the election season, and races heat up, there are always issues about attack ads and what a station needs to do when they receive a “take-down” notice from a candidate who is being attacked. We recently wrote about candidate ads, and the “no censorship” provision of Section 315 of the Communications Act.
'Could a change in the FCC treatment of Internet delivered video services be in the works – and how would that affect services like Aereo ? There were a number of published articles last week that suggested that the FCC was considering extending the definition of a Multichannel video programming distributor (MVPD) to over-the-top video providers or, as they are apparently being referred to, as Online Video Distributors (OVD) who provide linear programming like a cable or satellite company (as o
'With regulatory fees behind us, October brings a number of the routine quarterly regulatory filing dates. October 10 for all broadcast stations, commercial and noncommercial, is the date by which your Quarterly Issues Programs lists , setting out the most important issues that faced your community in the last quarter and the programs that you broadcast to address those issues, need to be placed in the physical public inspection file of radio stations, and the online public file of TV broadcast
'An Alabama radio station recently received a notice about the new royalty rates that are payable to ReSound, the Canadian equivalent of SoundExchange , a collective set up to receive from webcasters royalties for the public performance of sound recordings and to distribute those royalties to the copyright holders (usually the labels) and the artists who recorded the songs, according to a story in today’s issue of Tom Taylor Now (a radio industry newsletter).
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'There are more and more signs that the FCC is moving forward aggressively with its “incentive auction ” to purchase TV stations so that their licenses can be cancelled and their spectrum sold to and reused by wireless companies for wireless broadband purposes. In two significant actions this week, the FCC gave broadcasters a first peek at the anticipated value of their stations in an incentive auction , and also clarified the interference standard that will be used by the FCC when
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