May, 2012

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What is a Broadcaster to Do When Approached by an Ad Agency Buying Time for an Undisclosed Political Candidate?

Broadcast Law Blog

Does a broadcast station need to book a political ad buy for an agency purporting to be representing a candidate, but refusing to reveal who that candidate is? We’ve recently received this question from a number of broadcast stations in a number of states, as agencies seemingly are jockeying to tie up valuable commercial time in advance of what is likely to be a hotly contested election in November.

Legal 49
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Contract Basics For Paralegals

The Paralegal Resource

For paralegals, it's important to understand contract basics when working with clients.

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FCC Asks for Comments on Whether OTARD Rules Should Limit Local Zoning Authority Restrictions on TV Antennas and Other Reception Devices in Common Areas

Broadcast Law Blog

The over-the-air reception of television stations has taken on heightened awareness in recent years. In the regulatory world, this prominence comes from the FCC's consideration of taking back some of the broadcast spectrum for use by wireless broadband based at least partially on the Commission's belief that broadcasters are not using that spectrum efficiently as many viewers,over the last few decades, receive their TV programming from satellite and cable providers.

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Contests and Lotteries - A Presentation on the Legal Issues for Broadcasters

Broadcast Law Blog

FCC fines for violations of the FCC rules dealing with contests have been common in the last few years. Because of these fines, we recently conducted a webinar for the Kansas Association of Broadcasters , discussing the requirements of FCC rule Section 73.1216 which regulates the conduct of station-sponsored contests. We also discussed what should be addressed in contest rules, issues with contests that advertisers themselves sponsor, and considerations that stations should undertake to avoid ci

Legal 45
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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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TV Shared Services Agreements and the FCC Ownership Review Featured on the NY Times Front Page

Broadcast Law Blog

Since the start of the FCC's examination of its multiple ownership rules in anticipation of its Quadrennial Review of these rules, the question of TV shared services agreements has been one raised by public interest groups , suggesting that combinations of local TV stations for news or sales purposes are not in the public interest, as such combinations reduce competition in the local markets.

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$2000 FCC Fine for Recording Telephone Conversation - Even Though the Conversation was Never Broadcast

Broadcast Law Blog

The FCC last week proposed to fine a broadcaster for calling someone with their tape recorder running, with the intent to broadcast the taped conversation on the air. According to the Notice of Apparent Liability issued by the FCC , the recording was stopped after the radio station announcers identified who they were, and the person who was called said that he did not want to be recorded.

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Some PACs Stop Running "Electioneering Communication" Ads to Avoid Reporting Requirements

Broadcast Law Blog

In recent days we have seen political action committiees (PACs) claiming they are "prohibited" from running political ads in primary states due to "new rules" regarding "electioneering communications." As explained below, these claims are incorrect. What they are really doing is trying to avoid the need to reveal the identity of their contributors, following a US District Court decision in March.

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Radio Music Licensing Committee Announces Settlement With BMI Following Settlement With ASCAP - Why SESAC is Not Included

Broadcast Law Blog

The Radio Music Licensing Committee has announced a settlement with BMI over music royalties for the public performance of musical compositions for the period from 2010-2016. Terms have not been announced, so we can't provide the details, yet. But as we wrote recently when the RMLC announced the terms of its agreement with ASCAP , we would assume that the terms would be somewhat similar to the ASCAP deal.

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$10,000 Fines and Short-Term License Renewals for Missing Quarterly Issues Programs Lists

Broadcast Law Blog

In perhaps the most severe set of penalties that we have seen for public inspection file violations , the FCC released two sets of fines to stations that had self-reported, in their license renewal applications, that they did not have Quarterly Issues Programs lists in their public file for the entire 8 year license term. As we recently wrote , $10,000 fines for missing Quarterly Issues Programs lists have become the new standard where a substantial number of the lists are missing.

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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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Legal Issues for Broadcasters in the Digital World - A Presentation at the NAB Convention

Broadcast Law Blog

At this year's NAB Convention , digital issues were much talked about. In fact, the NAB held, for the first time, a day and a half session focusing on radio stations and their digital efforts, called the Digital Strategies Exchange. I was on a panel called the Consultant's Corner, and discussed legal issues that broadcasters may face as they move more and more into the digital world.

Legal 40
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FCC Proposes Regulatory Fees for 2012

Broadcast Law Blog

The FCC just released its Notice of Proposed Rulemaking to establish the regulatory fees to be paid by each of the entities that it regulates. Each year, before the FCC collects its annual regulatory fees from broadcasters and other entities subject to its oversight, it asks for comments on the amount of those fees. This year, as has been the case in most of the past few years, there are few changes proposed in this Notice, thought the Commission does promise to issue additional rulemakings late

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FCC Authorizes TV Channel Sharing in Preparation for Spectrum Auctions

Broadcast Law Blog

The FCC has released the text of its Report and Order adopted last week, authorizing full power and Class A TV stations to share spectrum as part of the band clearing process for future wireless broadband spectrum auctions. This action was authorized by Congress in the Spectrum Act, which became law in February as part of the Middle Class Tax Relief and Job Creation Act of 2012.

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Two New FCC Commissioners Approved by the Senate - What Does It Mean for Broadcasters?

Broadcast Law Blog

The Senate on Monday approved, after months of delay, the nominations as new FCC Commissioners of Democrat Jessica Rosenworcel and Republican Ajit Pai. Once they are sworn in and assume their new jobs in the next few days, this will bring the FCC up to full strength with 5 seated Commissioners for the first time in a year. Rosenworcel comes from having worked for the Senate Commerce Committee, which oversees FCC regulation.

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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.