Broadcast Law Blog

JULY 21, 2010

The broadcast trade press has recently been full of talk of the possibility of reaching a settlement with the recording industry on the adoption of a Performance Royalty for broadcast stations -paying performers and record companies for the use of music by radio stations (on top of the fees already paid through ASCAP, BMI and SESAC to composers). The latest controversy was set off by comments made at the Conclave Radio Conference by Bonneville Radio's CEO Bruce Reese, who has also been prominent

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Broadcast Law Blog

JULY 21, 2010

The broadcast trade press has recently been full of talk of the possibility of reaching a settlement with the recording industry on the adoption of a Performance Royalty for broadcast stations -paying performers and record companies for the use of music by radio stations (on top of the fees already paid through ASCAP, BMI and SESAC to composers). The latest controversy was set off by comments made at the Conclave Radio Conference by Bonneville Radio's CEO Bruce Reese, who has also been prominent

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Government Laws 65

Broadcast Law Blog

JULY 13, 2010

The US Court of Appeals for the Second Circuit today struck down the FCC's indecency rules , finding that the rules were so vague as to not put broadcasters on notice of what programming was prohibited and what was permitted. Today's decision was reached following a remand of this case to the Second Circuit by the Supreme Court. The Supreme Court's decision did not resolve all questions about the FCC's rules, instead only deciding that the lower court's prior decision voiding the rules was not j

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Broadcast Law Blog

JULY 13, 2010

The US Court of Appeals for the Second Circuit today struck down the FCC's indecency rules , finding that the rules were so vague as to not put broadcasters on notice of what programming was prohibited and what was permitted. Today's decision was reached following a remand of this case to the Second Circuit by the Supreme Court. The Supreme Court's decision did not resolve all questions about the FCC's rules, instead only deciding that the lower court's prior decision voiding the rules was not j

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Court Court Decisions 63

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Broadcast Law Blog

JULY 16, 2010

As we wrote earlier this week , the US Court of Appeals for the Second Circuit on Tuesday struck down part of the FCC's indecency rules , finding that the rules were too vague and had an undue chilling effect on broadcasters. DWT's First Amendment experts have now taken a closer look at the Court's decision in Fox Television Stations v. FCC and have released an advisory with further analysis.

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Court Decisions Court 60

Broadcast Law Blog

JULY 16, 2010

As we wrote earlier this week , the US Court of Appeals for the Second Circuit on Tuesday struck down part of the FCC's indecency rules , finding that the rules were too vague and had an undue chilling effect on broadcasters. DWT's First Amendment experts have now taken a closer look at the Court's decision in Fox Television Stations v. FCC and have released an advisory with further analysis.

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Court Decisions Court 58

Broadcast Law Blog

JULY 11, 2010

The FCC has released its order setting this year's Regulatory Fees to be paid by broadcast stations. While has not yet set the deadline for paying those fees, that deadline should fall sometime in August or September. In setting this year's fees, the Commission made some decisions about fees for broadcasters that may not make sense to some - but it promised to review the decisions in the future when determining the amounts of fees in future years.

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Construction 58

Broadcast Law Blog

JULY 9, 2010

Three months ago, we wrote about a case where the FCC held that it would grant only one application from each MX Group in the recent NCE FM window for new noncommercial FM radio stations. MX Groups arise when multiple applicants file applications that cannot all be granted without prohibited interference. In some cases, an MX Group can span several states, where not all applications are mutually exclusive with each other, but all are tied together in a chain, with each link being mutually exclus

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Broadcast Law Blog

JULY 19, 2010

Last week, the FCC's Media Bureau granted waivers of the requirement that television tuners be capable of receiving both analog and digital television transmissions , but only with respect to tuners meant for mobile use. The FCC justified the waivers of the All Channel Receiver Act given the technological constraints that an analog reception chip would put on mobile receivers meant for the reception of the Mobile/Handheld Digital Television Standard (A/153) signals.

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Technology 56

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Broadcast Law Blog

JULY 28, 2010

The FCC's Annual Regulatory Fee web site, available at www.fccfees.com , is now active and indicates that the Reg Fees are due by 11:59 PM EDT on August 31, 2010. A further public notice, which will include detailed instructions on how to access the FCC's Fee Filer database and remit the payment of the fees, should be forth coming from the Commission, likely by the end of the week.

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Broadcast Law Blog

JULY 22, 2010

While it's summer in Washington and things should slow down, the discussion of the need for wireless spectrum for broadband, and the related question of whether to reclaim television spectrum for that use, continues unabated. This week, the FCC released a new report finding that between 14 and 24 million Americans have no access to broadband , and finding that a disproportionate number of those people are in rural areas.

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Broadcast Law Blog

JULY 19, 2010

Last week, the FCC's Media Bureau granted waivers of the requirement that television tuners be capable of receiving both analog and digital television transmissions , but only with respect to tuners meant for mobile use. The FCC justified the waivers of the All Channel Receiver Act given the technological constraints that an analog reception chip would put on mobile receivers meant for the reception of the Mobile/Handheld Digital Television Standard (A/153) signals.

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Technology 56

Broadcast Law Blog

JULY 11, 2010

The FCC has released its order setting this year's Regulatory Fees to be paid by broadcast stations. While has not yet set the deadline for paying those fees, that deadline should fall sometime in August or September. In setting this year's fees, the Commission made some decisions about fees for broadcasters that may not make sense to some - but it promised to review the decisions in the future when determining the amounts of fees in future years.

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Construction 56

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Contract

Broadcast Law Blog

JULY 9, 2010

Three months ago, we wrote about a case where the FCC held that it would grant only one application from each MX Group in the recent NCE FM window for new noncommercial FM radio stations. MX Groups arise when multiple applicants file applications that cannot all be granted without prohibited interference. In some cases, an MX Group can span several states, where not all applications are mutually exclusive with each other, but all are tied together in a chain, with each link being mutually exclus

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Broadcast Law Blog

JULY 28, 2010

The FCC's Annual Regulatory Fee web site, available at www.fccfees.com , is now active and indicates that the Reg Fees are due by 11:59 PM EDT on August 31, 2010. A further public notice, which will include detailed instructions on how to access the FCC's Fee Filer database and remit the payment of the fees, should be forth coming from the Commission, likely by the end of the week.

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Broadcast Law Blog

JULY 8, 2010

As I was preparing for a session updating and refreshing broadcasters about their obligations under the FCC’s EEO rules at the Iowa Broadcasters Association annual convention in Des Moines on June 30, I learned of what seemed to be a startling development – the Minority Media and Telecommunications Council , one of the most effective advocates in Washington for minority hiring and ownership, had urged the FCC to suspend its enforcement of the EEO rules.

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Court 53

Broadcast Law Blog

JULY 8, 2010

As I was preparing for a session updating and refreshing broadcasters about their obligations under the FCC’s EEO rules at the Iowa Broadcasters Association annual convention in Des Moines on June 30, I learned of what seemed to be a startling development – the Minority Media and Telecommunications Council , one of the most effective advocates in Washington for minority hiring and ownership, had urged the FCC to suspend its enforcement of the EEO rules.

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Court 53

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Broadcast Law Blog

JULY 29, 2010

In 2006, the FAA proposed requiring that many communications users seek FAA No Hazard Determinations not only before they make changes in the height of a tower, but also prior to frequency or power changes. The FAA sought to review applications to determine if proposals would create any interference to frequencies used by the by aircraft and by the FAA for air navigation purposes.

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Broadcast Law Blog

JULY 29, 2010

In 2006, the FAA proposed requiring that many communications users seek FAA No Hazard Determinations not only before they make changes in the height of a tower, but also prior to frequency or power changes. The FAA sought to review applications to determine if proposals would create any interference to frequencies used by the by aircraft and by the FAA for air navigation purposes.

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Construction Government 49

Broadcast Law Blog

JULY 26, 2010

The FCC today announced a $1,000,000 Consent Decree with Univision Radio to settle payola investigations underway at both the FCC and the Department of Justice. Payola, or " pay for play " as it is called in the FCC Press Release issued today, is a violation of FCC rules and Federal criminal law, which both prohibit the broadcast of program content for which payment was received without disclosing the receipt of that consideration.

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Broadcast Law Blog

JULY 26, 2010

The FCC today announced a $1,000,000 Consent Decree with Univision Radio to settle payola investigations underway at both the FCC and the Department of Justice. Payola, or " pay for play " as it is called in the FCC Press Release issued today, is a violation of FCC rules and Federal criminal law, which both prohibit the broadcast of program content for which payment was received without disclosing the receipt of that consideration.

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Criminal Law Laws 49

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