ClimateChange-ClimateLaw

NOVEMBER 27, 2013

By Sascha Yim, Guest Blogger*. In the latest development in the country’s unfolding net metering battle, the Arizona Corporation Commission recently ruled that the state’s utility, Arizona Public Service (APS), could impose a $0.70 per kilowatt charge on solar customers beginning in 2014. The decision comes at a time when the future of net metering policy is one of the solar industry’s most hotly debated issues.

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Broadcast Law Blog

OCTOBER 31, 2013

'This is the 75 th anniversary of the Mercury Players broadcast of the Orson Welles production of the War of the Worlds – a radio broadcast that seemingly scared many Americans into thinking that the country was under attack by Martians, that my home state of New Jersey had been overrun, and that the rest of the country would be soon to follow. PBS’s American Experience just ran a great documentary about the production – talking about Wells’ decision to delay an announcement that the program wa

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The Paralegal Resource

DECEMBER 18, 2013

The Federal Trade Commission is to take action against mobile cramming. Mobile cramming refers to the process by which a number of telephone companies pitch different offers and services such as ?Fun Facts?, and then add charges to the consumer without their permission. This has been affecting the public for a very long time now, and most mobile users have a positive outlook to the FTC?

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Paralegal Mentor

DECEMBER 16, 2013

This is The Paralegal Mentor's go-to dessert recipe. Once you try them, you will never again resort to a packaged brownie mix. The ingredients are easy to keep on hand and it takes just minutes to mix up this treat. They will make you "Almost Famous"!! Brownies: 1 cup butter (2 sticks) 4 1-ounce squares unsweetened chocolate 2 cups sugar 4 eggs, slightly beaten 1 teaspoon vanilla 1 1/2 cups flour 1/2 teaspoon baking powder 1 teaspoon salt (may reduce to 1/2 teaspoon) 1 cup chopped nuts (optional

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Attorney

Paralegal Essentials

OCTOBER 14, 2013

The following is a blog post from the CEB (Continuing Education of the Bar) on the subject of how to draft interrogatories: 7 Rules for Drafting Interrogatories. Enjoy! It is always good to be reminded of the basics.

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ClimateChange-ClimateLaw

NOVEMBER 12, 2013

Teresa Parejo. Associate Professor of Law (Carlos III University). Visiting Scholar at the Center for Climate Change Law. The EU ETS (European Union Emissions Trading System), the most important EU tool to fight against climate change, is now facing two challenges of great significance: 1. In October 2013, the International Civil Aviation Organization (ICAO) Assembly agreed to develop a global market-based mechanism (MBM) by 2016 addressing international aviation emissions and to apply it by 202

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Broadcast Law Blog

NOVEMBER 22, 2013

'Last week, the FCC issued a declaratory ruling concluding that its long-standing policies on foreign ownership of broadcast stations were misunderstood – “clarifying” its policy to make clear that, if alien ownership exceeds 25% of the holding company of a licensee, it may in fact be permissible. The Commission decided to adopt a case-by-case approach to determine if any proposed alien ownership in excess of 25% is in the public interest.

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Broadcast Law Blog

NOVEMBER 7, 2013

'The FCC is cracking down hard on television stations and cable companies who use EAS alerts – or even simulations of such alerts – in advertising, promotions, and programming. In two orders released this week, the FCC imposed big penalties on video companies who used fake EAS alerts in commercial messages. In one case, it fined a cable programmer (Turner Broadcasting) $25,000 for the use of a simulated EAS tone (not using the actual tone, but just a set of tones that sounded like the EAS aler

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Broadcast Law Blog

NOVEMBER 8, 2013

'“ Business Establishment Services ” are copyright-speak for those music services that provide background music to commercial establishments. These services have come a long way from the elevator music that once was so derided – and now set the mood in everything from retail clothing stores to restaurants to department stores with formats as varied as the commercial businesses themselves.

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Finance

Broadcast Law Blog

MARCH 27, 2013

The FCC proposed that a noncommercial broadcaster be fined $10,000 for its failure to allow a visitor unquestioned and immediate access to the public inspection files for 6 noncommercial radio stations operated from the same main studio. Though the delay in allowing access was only a few hours long, that delay, together with questions asked of the person who requested access as to his reasons for the inspections, led to the Notice of Apparent Liability issued by the FCC.

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Broadcast Law Blog

NOVEMBER 4, 2013

'The FCC’s proposals for aiding AM radio have been released in a Notice of Proposed Rulemaking – one of the last actions for broadcasters under Acting FCC Chairman Mignon Clyburn (see our article here on the leftover broadcast issues with which her successor as chairman, Tom Wheeler, will have to deal ). The proposals for revitalizing the AM band that were contained in the NPRM are all ones that the Acting Chair had previewed at the NAB Radio Show , which we summarized in our article about that

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Broadcast Law Blog

DECEMBER 4, 2013

'Section 399b of the Communications Act bans advertising for for-profit companies, as well as political and issue advertising, on noncommercial radio and television stations. While Congress over 20 years ago loosened some restrictions on fundraising by allowing paid ads by nonprofit groups on noncommercial stations, and permitting commercial entities to provide some minimal information about their businesses (including their logos) on sponsorship underwriting on public TV, the ban has otherwise

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Broadcast Law Blog

DECEMBER 19, 2013

'Closed captioning of video programming repurposed to the Internet has been an obligation of television stations for over a year. Thus far, most stations have been able to comply with the requirements – as those requirements have only applied to full programs that were captioned when broadcast over the air , and then carried over to the Internet, either in whole or in segments that comprise essentially all of the program.

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Broadcast Law Blog

DECEMBER 9, 2013

'The LPFM applications are in, and counted, and the FCC is actively processing them. A recent public notice from the FCC about the processing of these applications puts FM broadcasters on notice that they should be checking what was filed in their market areas to make sure that there are no interference issues for their full-power stations or existing translators The FCC’s public notice about the processing of LPFM applications is available here [link].

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Broadcast Law Blog

DECEMBER 6, 2013

'In two decisions released this week, the FCC proposed to fine two broadcast groups $20,000 each for EEO violations. In recent years, when the FCC releases fines for broadcast EEO violations, they seem to be trying to emphasize a point as to some aspect of the EEO rules by releasing multiple decisions at the same time all having the same theme. In the cases released this week, the point that was common to both fines was that the broadcaster had not regularly sent information openings about job

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Broadcast Law Blog

NOVEMBER 25, 2013

'A few weeks ago, we wrote about the most immediate part of the FCC’s plan for the revitalization of AM radio – providing more FM translators for AM stations. As the FCC has just announced the deadline dates for the filing of public comments on the reform proposals, setting the comment deadline for January 21 and the reply comment deadline on February 18 , we thought that it was time to return to the subject to address some of the FCC’s other proposals.

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Broadcast Law Blog

DECEMBER 17, 2013

'The FCC this week announced groups of mutually exclusive (“MX”) LPFM applications, i.e. those groups where applications are for the same or adjacent channels where the grant of one application in the group would preclude other applications in that same group. The Public Notice is here , and the list of MX groups is here. The importance of the FCC’s announcement for LPFM applicants is that it gives the applicants 60 days, until February 14, 2014, to amend their applications to make

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Broadcast Law Blog

NOVEMBER 17, 2013

'Last week brought a number of Washington developments that we’ll write about in more detail soon, including the FCC’s decision to relax the limitations on foreign ownership of broadcast stations. But there were also a number of other actions that bear mention – including the decision released late Friday to extend the deadline for the filing of Biennial Ownership reports that are to be filed by all commercial broadcasters – including AM, FM, TV.

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Broadcast Law Blog

NOVEMBER 11, 2013

'Sometimes the FCC decisions come out in a flurry, often with little nuggets of importance in each one. Rather than trying to write about each one, we’ll from time to time, just try to highlight those nuggets for your consideration. At the end of last week, three decisions came out with just such nuggets – all dealing with different issues. The first case involved the issue of divestiture trusts – trusts set up to hold broadcast assets when a buyer of broadcast properties, usually in connecti

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Broadcast Law Blog

OCTOBER 31, 2013

'At long last, it appears that we will soon have a complete FCC, as the Senate has approved the nomination of Tom Wheeler to be the next FCC Chairman, and Michael O’Rielly for the other vacancy on the FCC. The nomination of Mr. Wheeler had been held up by Senator Ted Cruz on grounds that he feared the FCC taking action to implement provisions of the Disclose Act (which we wrote about here ).

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Broadcast Law Blog

OCTOBER 30, 2013

'At its November 14 meeting, the FCC is tentatively scheduled to consider the relaxation of its limits on the ownership of broadcast stations by foreign entities or citizens. Under the current “ alien ownership ” limitations, US citizens or entities must own 80% of a broadcast licensee, or 75% of a licensee’s parent company. In the broadcast world, the 25% alien ownership limit must be analyzed both as to equity and voting interests.

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Broadcast Law Blog

APRIL 25, 2013

'This week, the Chairman of the US House of Representatives Judiciary Committee issued a press release stating that he intends that the Committee do a thorough reexamination of the Copyright Act , noting that new technologies stemming from digital media have upset many settled expectations in Copyright Law, and confused many issues. That this release was issued in the same week as a decision of New York’s Supreme Court, Appellate Division, First Department, on the obscure issue of pre-1972

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Broadcast Law Blog

MARCH 21, 2013

The FCC has upheld a fine issued to a radio station licensee for what it determined was a failure to disclose all the rules of a broadcast contest. The giveaway was of "the Ultimate Garage" and the FCC determined, in response to a complaint, that the station had failed to disclose all of the material rules of the contest on the air. In looking at the many issues cited by the Commission in support of the fine, some are ones that are similar to those in other cases that we've written abo

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Broadcast Law Blog

FEBRUARY 12, 2013

In the last two days, several radio and television stations across the country had their station's EAS systems hacked – and ended up broadcasting alerts dealing with zombie attacks that went out using the standard EAS systems and appeared or sounded to the viewer or listener to be real alerts. The FCC and others involved in the EAS program fear that other fake alerts have already been inserted into stations' systems and may be broadcast soon – perhaps during events like the State of

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The Paralegal Resource

DECEMBER 18, 2013

ObamaCare has picked up pace, and has been able to secure a good number of jobs for many American citizens, but still, it has a rather long way to go before it can meet its targets. As of now, ObamaCare has successfully met only about 10% of all the targets. In some states, it has done far worse than this figure.

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