Broadcast Law Blog

FEBRUARY 9, 2012

The Copyright Royalty Board makes many important decisions, yet for the last several years, there has been a cloud over its operations, as there have been questions as to whether its members were constitutionally appointed (see our articles here , here and here ). Well, the question is before the Courts again – this time squarely in front of the US Court of Appeals for the District of Columbia – a Court one step below the Supreme Court.

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LexBlog

FEBRUARY 16, 2012

There is no dispute over the old business adage ‘Time is Money’ , which is especially so in today’s competitive world, whether a person is an employee, a business owner, or a lawyer who bills a lot of hours. Saving time while getting the job done right the first time is not always so straightforward. Cutting corners can lead to shabby work done quickly, which ultimately has a negative effect on one’s business losing customers in the long run, rather than gain customers.

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The Paralegal Resource

FEBRUARY 13, 2012

The critical issue in hostile work environment cases is the severity or pervasiveness of the unwelcome sexual conduct. Such incidents of sexual conduct should be viewed in their totality to determine whether the terms, conditions or privileges of employment have been altered to create a hostile work environment. Harris v. Forklift Systems, Inc. (1993) 510 U.S. 17, 114 S.Ct. 367.

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ClimateChange-ClimateLaw

FEBRUARY 7, 2012

by Shelley Welton, Deputy Director & Fellow. As I blogged about last October, the Northeast’s Regional Greenhouse Gas Initiative (RGGI) is currently undergoing its 2012 program review. This review will look at many aspects of the program’s design and functioning, with the aim of determining whether major reforms are necessary after several years of learning from the current design.

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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.

eDiscovery

ABC's of E-Discovery

FEBRUARY 22, 2012

Criminal e-discovery? I've never thought about that! Here's a good place to start, with great thanks to www.law.

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Broadcast Law Blog

FEBRUARY 28, 2012

The FCC has released 16 Show Cause Orders threatening to deprive a number of low power television (LPTV) stations of their Class A status for failure to file Children's Television Programming Reports. These orders appear to be implementing a long-rumored get-tough policy on Class A TV stations, as the FCC prepares to clear portions of the TV spectrum to auction it for use by wireless broadband providers, in accordance with the authorizing legislation we wrote about last week.

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Broadcast Law Blog

FEBRUARY 27, 2012

Political speech has been called the "life-breath of democracy" by the US Supreme Court and receives very strong First Amendment protection. For that reason, the FCC has said that it will "not attempt to judge the truth or falsity of material broadcast regarding candidates or ballot issues." That principle is sure to be tested in the wave of negative campaign ads we are likely to see between now and November, many of which will generate "cease and desist" letters fr

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Broadcast Law Blog

FEBRUARY 26, 2012

When building a new radio station, the FCC gives broadcasters three years in which to construct. The deadline for construction can only be extended for limited reasons (referred to as circumstances that justify "tolling" of the permit) - for a short term equal to the period that an Act of God (e.g. a hurricane, blizzard or flood that restricts access to the proposed transmitter site) delays construction, for a Court appeal of an adverse zoning ruling, or for an appeal or challenge to t

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Broadcast Law Blog

FEBRUARY 17, 2012

Another EEO audit was announced by the FCC today - hitting about 200 radio stations and about 75 TV stations this time around. The Commission has pledged to audit 5% of all broadcast stations and cable systems each year to assure their compliance with the Commission's EEO rules - requiring wide dissemination of information about job openings and supplemental efforts to educate their communities about job opportunities in the media industry.

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LexBlog

FEBRUARY 16, 2012

There is no dispute over the old business adage ‘Time is Money’ , which is especially so in today’s competitive world, whether a person is an employee, a business owner, or a lawyer who bills a lot of hours. Saving time while getting the job done right the first time is not always so straightforward. Cutting corners can lead to shabby work done quickly, which ultimately has a negative effect on one’s business losing customers in the long run, rather than gain customers.

Legal 40

Legal Legal Paralegal Paralegals 40

LexBlog

FEBRUARY 16, 2012

There is no dispute over the old business adage ‘Time is Money’ , which is especially so in today’s competitive world, whether a person is an employee, a business owner, or a lawyer who bills a lot of hours. Saving time while getting the job done right the first time is not always so straightforward. Cutting corners can lead to shabby work done quickly, which ultimately has a negative effect on one’s business losing customers in the long run, rather than gain customers.

Legal 40

Legal Legal Paralegal Paralegals 40

Broadcast Law Blog

FEBRUARY 14, 2012

The FCC's main studio rules require that broadcast stations have a main studio open during normal business hours. And, when the studio is open, it obviously needs to be manned so that someone is there to meet any visitors who my show up. And, sometimes, those visitors are from the FCC. When the FCC shows up, one would think that station employees would go out of their way to greet the inspectors and provide them what they want.

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Broadcast Law Blog

FEBRUARY 14, 2012

An FCC letter to the licensee of an FM translator owner asking very specific information about a series of applications to move that translator to a larger market raises question as to whether the FCC is shutting the door on moves of translators from one market to another - where they have often been used to rebroadcast the signal of an AM or an FM HD signal, adding new competition.

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The Paralegal Resource

FEBRUARY 13, 2012

eDiscovery is the process of the discovery and sharing out of intangible evidence. Said evidence may be an internet writing or process, email, IM, database, blog or similar piece; it is characterized by its lack of solidity as existence. It simply is, and its only evidentiary value is as an abstract, since it has a "state of being" only in electronic form.

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Broadcast Law Blog

FEBRUARY 13, 2012

In every license renewal application , applicants must certify that their operations are in compliance with the RF radiation standards set out in Section 1.1310 of the Commission’s rules. In connection with the renewal applications of two Hawaii FM stations, the FCC issued short-term one-year renewals of the station’s licenses , rather than the normal 8 year renewals.

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Broadcast Law Blog

FEBRUARY 12, 2012

In the wake of Commission's rejection of hundreds of closed captioning waivers last year, many small television producers are now seeking new waivers for relief from the Commission's television closed captioning rules. Last October, the Commission overturned nearly 300 "economically burdensome" captioning waivers on the grounds that the FCC had failed to apply the correct standard of review and had failed to follow the proper procedure for considering the requests on a case-by-case bas

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Broadcast Law Blog

FEBRUARY 9, 2012

The FCC today released its further Public Notice in connection with FCC Auction No. 93, which offers for sale 119 construction permits for new FM radio stations in various communities across the country. Further details about the auction can be found in our earlier post here as well as on the Commission's auction page here. In all, 145 applicants filed the necessary short-form application expressing an interest in participating in the auction, although two of the applications were outright rejec

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Short article looking at the new CCP 2016.

The Paralegal Resource

FEBRUARY 6, 2012

You have been with the company for a good while. You are a top performer, have contributed to the bottom line of the company substantially, even had a superior performance review. Yet your paycheck has remained unchanged. A raise should happen automatically, shouldn't it?

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The Paralegal Resource

FEBRUARY 6, 2012

Helping the defense counsel, adjuster, mediator, and jury understand your client's losses. You represent John Everyman, a fellow whose injury has affected the way in which he lives his life. Like many people, he is a nice fellow who is comfortable in his environment. His environment is not litigation. How do you help him present his story to the decision-makers?

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The Paralegal Resource

FEBRUARY 6, 2012

Website legal compliance is now under serious consideration by lawmakers in Washington. The U.S. Congress is now considering two proposed bills, which if enacted into law, would provide ground-breaking weapons for law enforcement and content owners to enforce intellectual property rights. If you're a content owner that provides content on the Internet, you have an important stake in the current legislative process.

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Broadcast Law Blog

FEBRUARY 20, 2012

Congress finally has given to the FCC authority to conduct spectrum auctions to reclaim parts of the TV spectrum for wireless users , and most DC-based industry associations, including the NAB, have reacted favorably. For a process that was so controversial, this seems like a very favorable result. Television stations, in particular, will have much relief from concerns about the forced-reallocation of their operations to less favorable spectrum.

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Legal

Broadcast Law Blog

FEBRUARY 5, 2012

The FCC proposed a $44,000 fine on a Chicago radio station for running 11 announcements that did not contain a sponsorship identification. This fine was not for 11 different announcements for different groups, but instead a single announcement run 11 times. Each airing of the announcement triggered a $4000 fine (which is the amount of the FCC "base fine" for a sponsorship identification violation).

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Broadcast Law Blog

FEBRUARY 7, 2012

In the last few days, the FCC proposed three fines - all involving violations of the public inspection file rule , and all amounting to $10,000. But the facts of the three cases are radically different, and one wonders about why all ended up with the same fine. But more importantly, the cases again raise the issue of why the penalty for public file violations is so high in relation to other fines for what would seemingly be more important issues - ones involving interference to other stations an

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Broadcast Law Blog

FEBRUARY 3, 2012

In an 11th hour decision released at about 5 PM on the Friday before the Super Bowl, the FCC decided that TV station WMAQ-TV in Chicago was justified in denying Randall Terry's request to buy advertising time in the Super Bowl. As we've written before , Mr. Terry is claiming that he is a candidate for the Democratic nomination for President , and as such has a right of reasonable access to broadcast stations , meaning that they must sell him advertising time.

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