Broadcast Law Blog

MARCH 27, 2013

The FCC proposed that a noncommercial broadcaster be fined $10,000 for its failure to allow a visitor unquestioned and immediate access to the public inspection files for 6 noncommercial radio stations operated from the same main studio. Though the delay in allowing access was only a few hours long, that delay, together with questions asked of the person who requested access as to his reasons for the inspections, led to the Notice of Apparent Liability issued by the FCC.

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The Paralegal Resource

MARCH 27, 2013

A legal memo is a study that analyzes a legal issue, and presents an argument on the legal steps with which a lawyer plans to approach the issue. There are no rigid structures or rules for drafting documents like legal memos and emails, though it calls for a specific set of writing skills. The following is intended to be some general guidelines to legal writing but is in no way to be considered an authoritative last-word on the subject.

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The Legaco Express

MARCH 14, 2013

The 2014 U.S. News law school rankings have just been published. For the first time time employment statistics were taken into account to compile the rankings. Graduate placement rates now account for 20 percent of a school’s overall score and a greater weight is allocated to permanent full-time jobs that require bar passage or for which a J.D. is a recruitment advantage.

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Broadcast Law Blog

MARCH 31, 2013

With the National Association of Broadcasters big convention coming up next week in Las Vegas, this week we’ll look at a couple of the issues that will likely be discussed when the industry gathers for its annual reunion. On Sunday, before most of the NAB Show begins, the Radio and Internet Newsletter (RAIN) will be holding its RAIN Summit West , where I will be moderating a panel called The Song Plays On – which will focus on the music royalties paid by Internet Radio and other digi

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Broadcast Law Blog

MARCH 28, 2013

It's time for our annual April Fools Day warning – be careful with on air pranks prepared especially for the day. This year, with the tragedy caused by the Australian morning show hosts calling the nurse for the Duchess of Cambridge, broadcasters have an example of what can happen when an on-air prank goes wrong. Where harm is caused, lawsuits may follow, and stations could become a target if someone is hurt as a result of a station's broadcasts.

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Broadcast Law Blog

MARCH 20, 2013

We've written many times before about those big name events, like March Madness, the Olympics and the Super Bowl. Events that you and your advertisers are just dying to tie into your own local event – a sale, a party or maybe the introduction of some special new product or service. Well, like the Super Bowl, March Madness is a trademarked term , and you need to exercise care in its use.

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Broadcast Law Blog

MARCH 19, 2013

In a Notice of Apparent Liability , the FCC proposed a $14,000 fine on a broadcaster for a series of violations with respect to its tower. The FCC found that the station failed to have the required lights on the tower operating after sunset on at least two days, failed to notify the FAA of the outage (so that the FAA could send out a NOTAM – a notice to "airmen" notifying them to beware of the unlit tower), and failed to properly register the tower when the current owner acquired

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The Paralegal Resource

MARCH 18, 2013

Commercial burglary, defined at Penal Code ? 459, is the entering of a shop, store; office building, or any other commercial building with the intent to steal and then stealing something. This crime is also defined as entering a commercial building with the intent to commit a felony other than stealing the property of another.

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The Paralegal Resource

MARCH 18, 2013

It is easiest to think of bail as money one must give to the court in order to leave jail. The money is used as collateral to ensure one appears as ordered in court. If one does not appear, the court keeps the money. The money at issue is usually not deposited with the court. Instead.

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Broadcast Law Blog

MARCH 18, 2013

In the last few weeks, the FCC has fined a number of broadcast stations for failing to keep up with their EAS obligations. In one case , a low power FM operator was fined $1750 for not having any EAS receiver installed at its station – and not knowing that it was required. LPFM stations must have a decoder to receive EAS messages, but can opt out of having an encoder to send such messages.

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Broadcast Law Blog

MARCH 18, 2013

Last week, the FCC Commissioners appeared before Congress for an " oversight hearing." In such hearings, Congressmen often raise many different issues that may be on their mind – everything from issues about the administration of the FCC to detailed policy issues. In the hearing before the Senate Commerce Committee last week, one issue arose that broadcasters should monitor carefully to see what develops.

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Broadcast Law Blog

MARCH 15, 2013

The next step in processing of the translators from the 2003 FM translator window is now upon us. The FCC has asked for major market translator applications – those in the " Appendix A markets " (essentially the top 150 Arbitron markets and a few additional ones in which numerous translator applications were filed) and those within 39 km of the grid used in these markets to determine whether future LPFM stations would be available – to file "preclusion studies" in

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The Paralegal Resource

MARCH 14, 2013

In every felony case, a preliminary hearing is required. The hearing's purpose is to test the sufficiency of the evidence to determine whether the case merits continued attention. The accused can waive such a hearing and give up his or her right to such a hearing, but this is rarely done. If the evidence is deemed insufficient, the case is dismissed.

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The Paralegal Resource

MARCH 11, 2013

Confidential information is generally considered information which is not in the public domain. When information becomes public knowledge, it can no longer be described as confidential information and remain capable of protection by the law. The Springboard Doctrine in English law operates to restrain those misusing confidential information for a limited period, although the information which they have caused to fall into the public domain.

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The Paralegal Resource

MARCH 8, 2013

Blue sky compliance isn't simply about filing a form. It requires a skill set in order to find and understand the issues, investigate the complexities included, get relevant facts from different sources, collect all required data, and completely and accurately prepare and file all the required filings within a short time. Any error, including incorrectly recognizing and examining the issues, is likely to have a large impact.

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The Legaco Express

MARCH 8, 2013

During the past few days, Washington, D.C.-based law firm Patton Boggs has laid off 30 associates and staff lawyers. as well as 8 paralegals, and other support staff. Related Links: CNBC: Patton Boggs lays off 65 people, including associates and staff. The Law Journal: As profits fall, Patton Boggs lays off 65.

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The Paralegal Resource

MARCH 6, 2013

Summary judgments are defined as the judgments given by a court in favor of one party against the other summarily, i.e. without completing the whole trial. This type of judgment can be issued based on the merits of discrete issues inside the case, or the whole case. Summary judgment is founded on the motion by any one party which contends that.

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The Legaco Express

MARCH 6, 2013

For most paralegals, performance review interviews can be a time of stress and fear , with supervising lawyers spending only 10 minutes on the interviews, providing reports with no specific feedback, basing their opinion on the most recent events, or forgetting to recognize their paralegals when they do a good job.

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Broadcast Law Blog

MARCH 4, 2013

Both radio and TV broadcasters either have recently completed the license renewal process, or will be doing so in the next few years. Many broadcasters think that, once their broadcast licenses are renewed, so too are all of the other communications licenses that are operated in connection with their station. While that may be true for broadcast auxiliary licenses, like Studio Transmitter Links and Remote Pickups, there are other FCC authorizations that are not covered by the broadcast license r

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Broadcast Law Blog

MARCH 3, 2013

In the digital world, it seems that everything is reinvented, and someone claims that they have a patent on that reinvention. In the last few weeks, we have seen news about patent claims asserted against radio broadcasters for their digital music storage systems , against public broadcasters for podcasts , and even against companies trying to comply with the FCC's new guidelines for E-911 (emergency communications over wireless and VoIP networks) providers.

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Broadcast Law Blog

MARCH 1, 2013

The FCC has fined a Boston radio station $4000 for airing misleading announcements on the radio station as to the nature of the prize to be awarded in a station contest. In addition to an interesting set of facts in this case, the FCC's decision also reviews several other recent decisions in explaining why it came to the decision it did as to the amount of the proposed fine.

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Broadcast Law Blog

MARCH 21, 2013

The FCC has upheld a fine issued to a radio station licensee for what it determined was a failure to disclose all the rules of a broadcast contest. The giveaway was of "the Ultimate Garage" and the FCC determined, in response to a complaint, that the station had failed to disclose all of the material rules of the contest on the air. In looking at the many issues cited by the Commission in support of the fine, some are ones that are similar to those in other cases that we've written abo

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Broadcast Law Blog

MARCH 24, 2013

This past week, both FCC Chairman Julius Genachowski and Commissioner Robert McDowell have announced that they are leaving the FCC in the near future. While their exact departure dates are uncertain, the press is already buzzing with anticipation about who will next lead the FCC, and who will take the place of Commissioner McDowell. The President gets to appoint the Chairman and new Commissioner, but his choices have to be approved by the US Senate.

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