February, 2016

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Full Copyright Royalty Board Decision on Webcasting Royalties Now Public

Broadcast Law Blog

The full decision of the Copyright Royalty Board on Internet Radio royalties, excluding confidential information , has now been made public and is available here. In December, we wrote about the rates and terms of the royalties that webcasters pay to SoundExchange for the public performance of sound recordings as set by the CRB decision, and about some of the ramifications of that decision for various classes of webcasters.

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What happened to the term “information superhighway” to describe the web?

LawActually

Any ideas? Because I haven’t a clue. Wikipedia says the following: The information superhighway or infobahn was a popular term used through the 1990s to refer to digital communication systems and the Internet telecommunications network. It is associated with United States Senator and later Vice-President Al Gore. Urban Dictionary gives a hypothetical example of the term being used in speech: "I just spent the afternoon cruising the Information Superhighway!

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Looking at the Decision of the Copyright Royalty Board on Internet Radio Royalties for Commercial Webcasters – What are the Issues that the Judges Considered?

Broadcast Law Blog

The text of the Copyright Royalty Board decision on Internet Radio Royalties for 2026-2020 was released last Friday. While it is 203 pages long, the basis for the decision is relatively simple. As required by the Copyright Act, the Copyright Royalty Judges looked at all of the evidence presented to determine what rate a willing buyer and a willing seller would agree to in a marketplace transaction.

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The Murky State of Rules on Broadcast Advertising of Marijuana Products in States Which Have Legalized its Sale or Use

Broadcast Law Blog

Broadcasters, like other federally regulated industries, continue to be leery about advertising for marijuana, even in states where cannabis dispensaries have been legalized for medical or even recreational use. This week, the NY Times ran an article about companies trying to provide ways for dispensaries to use electronic payment systems, as federally regulated banks and credit card companies often refuse to deal with these businesses.

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Transforming eDiscovery: Document Summarization, Sentiment Analysis, And Chatbots Take Center Stage

A Synergistic Approach to eDiscovery In the space of eDiscovery, the convergence of document summarization, sentiment analysis, and chatbots represents a significant change in how legal professionals navigate and manage electronic information. These technologies not only expedite the review process but also empower legal teams with deeper insights into the emotional context and key information within electronic documents.

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Ted Cruz Demands Takedown of PAC Ad Attacking His Voting Record – Issues that Broadcast Stations Need to Consider When Threatened by Candidate Wanting an Ad Pulled

Broadcast Law Blog

According to Politico , Ted Cruz’ campaign has demanded that TV stations pull certain PAC ads which he claims distort his voting record on immigration issues. This kind of claim from a political candidate about the unfairness of attack ads is common. Here, Cruz’ representatives apparently don’t threaten lawsuits against the stations for running the ads, but suggest that it is a violation of the stations’ FCC obligations to operate in the public interest to continue to run the ads.

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March Regulatory Dates for Broadcasters – Including Incentive Auction Commitments, New Webcasting Royalties, and Comments on AM Revitalization and Copyright Safe Harbor for User-Generated Content

Broadcast Law Blog

March appears to be another busy month on the FCC’s regulatory calendar. While March is one of those months where there is not the usual assortment of EEO public file reports, quarterly issues programs lists or children’s television reports and noncommercial ownership report obligations (see our Broadcasters’ Regulatory Calendar here for some of these dates), it is a month with many other significant regulatory dates.

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FCC Announces Previews for TV Broadcasters of Incentive Auction Initial Commitment Software; Denies Auction Stay Request from LPTV Applicant

Broadcast Law Blog

The FCC yesterday released a Public Notice dealing with the upcoming March 29 commitment deadline for TV broadcasters who filed their applications back in January indicating a possible intent to participate in the incentive auction to surrender their TV channel so that the FCC can use it to repack the TV band to free spectrum to sell to wireless broadband users.

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FCC Announces First Round of 2016 EEO Audits for Radio and TV Stations

Broadcast Law Blog

The FCC today issued a Public Notice announcing its first EEO audit for 2016. Letters to about 280 radio and television stations went out on February 24 asking for evidence of their compliance with the FCC’s EEO rules. In today’s notice, the FCC released the form audit letter and list of stations that will be audited. Responses from the audited stations are due to be filed at the FCC by April 11.

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On Its 20th Anniversary, Looking Back at How the Telecommunications Act of 1996 Changed the Broadcast Regulatory Landscape

Broadcast Law Blog

In Washington DC this week, many in the communications world are commemorating the 20 th anniversary of the passage of the Telecommunications Act of 1996. Five years ago, we noted the changes that the Act made in the broadcast regulatory world – changes that are still being debated 20 years later. To show how little things change, I thought that I would republish the article that I wrote 5 years ago.

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Recipe for a Failed CLM Implementation

Selecting and implementing CLM technology can be daunting, leading to underutilization or abandonment. Factors like provider differentiation, inadequate planning, and lack of user training contribute to these failures. Recognizing these pitfalls is crucial for successful adoption, ensuring organizations harness the full potential of CLM for streamlined contract management.

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FCC Announces that All Quarterly Children’s Television Reports Need to be Filed in New LMS Filing System Starting March 31 – And that Stations Need to Make Sure that these Reports Reach the Online Public File By April 10

Broadcast Law Blog

In a Public Notice released yesterday, the FCC announced that all Form 398 Annual Children’s Television Programming Reports , which report on the amount of educational and informational programming directed to children was broadcast by any TV station in the prior quarter, need to be filed in the FCC’s new Licensing and Management System (LMS). The FCC is migrating all TV broadcast filings to this new system, and the next Form 398, due by April 10 to report on programming broadcast by stations in

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FCC Order on Biennial Ownership Requirements – All Broadcasters, Commercial and Noncommercial, Need to Start Collecting Information from Attributable Owners and Directors for Next Year’s Filing

Broadcast Law Blog

In an order released last month which has not received much attention, the FCC clarified its requirements for the filing of Biennial Ownership Reports. Much of the order deals with fixes to the report itself that will, for the most part, make the completion of the report administratively easier in terms of the physical data that needs to be entered into the form.

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Changes in the Board of Nonprofit Corporation Doom FCC Application for New FM Station – Addressing Control Issues in Noncommercial Broadcasting

Broadcast Law Blog

In a decision released earlier this week , the FCC dismissed an application for a new noncommercial FM station based on a change in the majority of the applicant’s board of directors within a one-year period after the application was filed. The change was deemed a major change in ownership, which the FCC rules says requires the assignment of a new file number – essentially meaning that the application is treated as a new application received after the filing window for the new FM stations was c

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FCC Releases Order on Online Public Inspection File – Answering Questions about Compliance with Radio’s New Obligations

Broadcast Law Blog

Last week, we wrote about the FCC’s decision to require that radio stations move their public inspection files online. Stations with 5 or more full-time employees that are located in Top 50 markets need to make the transition to the online file later this year once the FCC gets its new rules approved by the Office of Management and Budget following a Paperwork Reduction Act review.

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Contract Lifecycle Management: A Business Enabler Exploring On-Ground Challenges

CLM tools have always strived to push contract management into the digital age for almost 30 years. But the complexities of digitising a legal document are numerous. The current scenarios in business development have shown that having a fully automated CLM has become a mandate for every law firm and in-house legal department. To determine if you need a CLM system, it's essential to clearly identify the on-ground business challenges you aim to solve.

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February Regulatory Dates for Broadcasters

Broadcast Law Blog

It’s February, and we’re back to the normal cycle of FCC filings. Due to be placed in the public files of radio and TV stations with 5 or more full-time employees are EEO Public Inspection File Reports for radio and TV stations in the following states: Arkansas , Kansas , Louisiana , Mississippi , Nebraska , New Jersey , New York , and Oklahoma. Radio stations with more than 10 full-time employees licensed in the states of Arkansas, Louisiana and Mississippi also have an obligation to file an EE