Broadcast Law Blog

MARCH 26, 2009

According to a recent article from the Des Moines Register , a station in Iowa recently fired two employees who, during what they thought was a break in programming, got into a heated, profanity-laden exchange which, luck would have it, ended up on the air as their mikes were live. Fearing an FCC fine, the station owner fired the duo, hoping to mitigate any fine that the FCC might impose.

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Broadcast Law Blog

MARCH 26, 2009

According to a recent article from the Des Moines Register , a station in Iowa recently fired two employees who, during what they thought was a break in programming, got into a heated, profanity-laden exchange which, luck would have it, ended up on the air as their mikes were live. Fearing an FCC fine, the station owner fired the duo, hoping to mitigate any fine that the FCC might impose.

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Broadcast Law Blog

MARCH 28, 2009

With all the recent discussion of the NAB-SoundExchange settlement (see our post here ) and the recent Court of Appeals argument on Copyright Royalty Board decision on Internet Radio royalties , we have not summarized the " settlement " that SoundExchange agreed to with a few very small webcasters. That agreement would essentially extend through 2015 the terms that SoundExchange unilaterally offered to small webcasters in 2007, and make these terms a "statutory" rate that wou

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Broadcast Law Blog

MARCH 28, 2009

With all the recent discussion of the NAB-SoundExchange settlement (see our post here ) and the recent Court of Appeals argument on Copyright Royalty Board decision on Internet Radio royalties , we have not summarized the " settlement " that SoundExchange agreed to with a few very small webcasters. That agreement would essentially extend through 2015 the terms that SoundExchange unilaterally offered to small webcasters in 2007, and make these terms a "statutory" rate that would b

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Court 45

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Broadcast Law Blog

MARCH 29, 2009

As we have written , by April 2 , broadcasters who are streaming need to file with SoundExchange a written election in order to take advantage of the SoundExchange-NAB settlement. For broadcasters who make the election, the settlement agreement will set Internet radio royalty rates through 2015. One aspect of this agreement that has not received much attention is the waiver from the major record labels of certain aspects of the performance complement that dictates how webcasters can use music an

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Broadcast Law Blog

MARCH 26, 2009

The FCC today released a Public Notice announcing that, after many false starts, it is making effective the new schedule of higher application fees on April 28. We wrote about the on-again, off-again effectiveness of these new fees which, this time, seem quite clearly to be about to become effective. The schedule of new fees can be found appended to the FCC's order adopting the fees, here.

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Broadcast Law Blog

MARCH 26, 2009

A few weeks ago, we wrote about just how outmoded the FCC's prohibitions on the cross ownership of newspapers and broadcast stations were in an era when newspapers seem to be going out of business at an alarming rate. We quoted a DC trade press reporter who had mused that the newspaper-broadcast cross-ownership rule could well outlast the newspaper itself.

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Broadcast Law Blog

MARCH 26, 2009

A few weeks ago, we wrote about just how outmoded the FCC's prohibitions on the cross ownership of newspapers and broadcast stations were in an era when newspapers seem to be going out of business at an alarming rate. We quoted a DC trade press reporter who had mused that the newspaper-broadcast cross-ownership rule could well outlast the newspaper itself.

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Broadcast Law Blog

MARCH 26, 2009

The FCC today released a Public Notice announcing that, after many false starts, it is making effective the new schedule of higher application fees on April 28. We wrote about the on-again, off-again effectiveness of these new fees which, this time, seem quite clearly to be about to become effective. The schedule of new fees can be found appended to the FCC's order adopting the fees, here.

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Broadcast Law Blog

MARCH 24, 2009

In the last 5 days, the US Court of Appeals in Washington, DC has held two oral arguments on appeals from decisions of the Copyright Royalty Board - one from the Board's decision on Internet Radio Royalties and the other on the royalties applicable to satellite radio. The decisions were different in that, in the Internet Radio decision, the appellants (including the group known as the "Small Commercial Webcasters" that I represented in the case) challenged the Board's decision, arguing

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Broadcast Law Blog

MARCH 24, 2009

In the last 5 days, the US Court of Appeals in Washington, DC has held two oral arguments on appeals from decisions of the Copyright Royalty Board - one from the Board's decision on Internet Radio Royalties and the other on the royalties applicable to satellite radio. The decisions were different in that, in the Internet Radio decision, the appellants (including the group known as the "Small Commercial Webcasters" that I represented in the case) challenged the Board's decision, arguing t

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Broadcast Law Blog

MARCH 24, 2009

The FCC today released another Public Notice announcing the random audit of the EEO performance of a number of broadcast stations - listing both radio and television stations that have to respond, with stations spread throughout the country. The FCC has promised to annually audit 5% of all broadcast licensees to assess their compliance with the FCC's EEO rules.

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Broadcast Law Blog

MARCH 24, 2009

The FCC today released another Public Notice announcing the random audit of the EEO performance of a number of broadcast stations - listing both radio and television stations that have to respond, with stations spread throughout the country. The FCC has promised to annually audit 5% of all broadcast licensees to assess their compliance with the FCC's EEO rules.

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Broadcast Law Blog

MARCH 15, 2009

On Friday, the FCC released its further Report and Order addressing the termination of analog service between now and June 12th, and revising the current DTV Consumer Education Requirements. Despite the apparent success of the February 17th turn-off of approximately one-third of the analog television stations in the country, the FCC has now ratcheted up the DTV Consumer Education requirements at the eleventh hour.

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Broadcast Law Blog

MARCH 15, 2009

On Friday, the FCC released its further Report and Order addressing the termination of analog service between now and June 12th, and revising the current DTV Consumer Education Requirements. Despite the apparent success of the February 17th turn-off of approximately one-third of the analog television stations in the country, the FCC has now ratcheted up the DTV Consumer Education requirements at the eleventh hour.

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Broadcast Law Blog

MARCH 2, 2009

At the end of last year, we wrote about the decision of the Detroit newspapers to go to a 3 day a week publication schedule, and asked the question that we had heard posed by a writer for one of the communications trade publications - "will the FCC rules limiting the cross-ownership of broadcast stations and daily newspapers outlive the newspaper itself.

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Broadcast Law Blog

MARCH 2, 2009

The FCC has released a public notice asking for comment on the procedures that it plans to use for a new FM auction now scheduled to be held in September. The channels to be included in that auction, and the proposed minimum bids for those channels, can be found on a list released by the Commission, here. Parties who are interested in bidding for any of these channels will be able to submit short form applications indicating the channels in which they are interested at some point to be determine

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Broadcast Law Blog

MARCH 3, 2009

Perhaps not surprisingly, the FCC has suspended the re-start of the 100-day DTV Countdown Clock , which was to begin tomorrow. In the FCC's own words: "We find that it could be confusing for viewers to see a 100-day countdown beginning on March 4, only to see a different clock in the event that we revise the requirement soon thereafter. Therefore, we temporarily waive the Option Two requirement to air countdown information until the effective date of the relevant rule adopted in the pending

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Broadcast Law Blog

MARCH 3, 2009

Perhaps not surprisingly, the FCC has suspended the re-start of the 100-day DTV Countdown Clock , which was to begin tomorrow. In the FCC's own words: "We find that it could be confusing for viewers to see a 100-day countdown beginning on March 4, only to see a different clock in the event that we revise the requirement soon thereafter. Therefore, we temporarily waive the Option Two requirement to air countdown information until the effective date of the relevant rule adopted in the pending

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Broadcast Law Blog

MARCH 2, 2009

At the end of last year, we wrote about the decision of the Detroit newspapers to go to a 3 day a week publication schedule, and asked the question that we had heard posed by a writer for one of the communications trade publications - "will the FCC rules limiting the cross-ownership of broadcast stations and daily newspapers outlive the newspaper itself." In the last few weeks, that question has become even more relevant.

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Broadcast Law Blog

MARCH 2, 2009

The FCC has released a public notice asking for comment on the procedures that it plans to use for a new FM auction now scheduled to be held in September. The channels to be included in that auction, and the proposed minimum bids for those channels, can be found on a list released by the Commission, here. Parties who are interested in bidding for any of these channels will be able to submit short form applications indicating the channels in which they are interested at some point to be determine

Diligence 40

Diligence 40

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Broadcast Law Blog

MARCH 6, 2009

We reported on the settlement under the Webcaster Settlement Act between the NAB and SoundExchange on Internet Radio Royalties. As provided in the Webcaster Settlement Act, that settlement has now been published in the Federal Register , and thus it is available for broadcasters who are streaming their signal on the Internet, or who are streaming other programming on the Internet, to claim coverage under that settlement.

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Broadcast Law Blog

MARCH 6, 2009

We reported on the settlement under the Webcaster Settlement Act between the NAB and SoundExchange on Internet Radio Royalties. As provided in the Webcaster Settlement Act, that settlement has now been published in the Federal Register , and thus it is available for broadcasters who are streaming their signal on the Internet, or who are streaming other programming on the Internet, to claim coverage under that settlement.

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