October, 2012

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FCC Finds Randall Terry Entitled to Reasonable Access to Buy Time on DC TV Station - and Defines the Geographic Scope of Access Obligations for Political Candidates

Broadcast Law Blog

The FCC today acted on a reasonable access complaint by Randall Terry against a Washington DC television station, ordering the station to sell commercial time to his campaign as he is on the ballot as a legally qualified candidate for President in the state of West Virginia. The decision was based on the Commission's finding that a portion of the station's noise limited service contour ("NLSC") encompassed a county in West Virginia.

Legal 40
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Contract Basics for Paralegals

The Paralegal Resource

The ability to draft various types of agreements and contracts is a necessary skill for paralegals working in many areas of law. Contracts are legally binding agreements between two or more persons or legal entities in which services or goods are provided in exchange for some type of consideration, be it money, goods or services. Contracts outline what is supposed to happen as a result of the contract and set out the consequences if one party does not fulfill its obligations.

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RGGI Program Review Should Lower Carbon Cap, According to Panel

ClimateChange-ClimateLaw

The Regional Greenhouse Gas Initiative (RGGI) has benefited the economy of participating states but achieved only modest reductions in greenhouse gas reductions, according to a panel of energy experts convened at Columbia Law School last night. To achieve greater reductions, RGGI should adopt a stricter carbon cap at its three-year program review. “By just about any measure, RGGI has been a success,” said Jared Snyder, Assistant Commissioner for Air Resources, Climate Change and Energy, New Yor

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FCC Issues Emergency Communications Reminders to Broadcasters and Other Communications Entities in the Path of Hurricane Sandy

Broadcast Law Blog

With Hurricane Sandy bearing down on the US East Coast, the FCC has issued reminders to consumers and communications companies about what to do in areas affected by the storm. Late Friday, it issued two public notices. The first public notice advised broadcasters and other communications companies that the FCC will be available 24-7 over the weekend and during the storm to answer calls about service outages, to assist where possible in restoring any lost service, and to issue emergency authoriza

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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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Copyright Royalty Board Oral Argument on Sirius XM SoundExchange Royalties - A View of the Application of the 801(b) Standard Proposed for Internet Radio

Broadcast Law Blog

The royalties that Sirius XM will pay to SoundExchange for the next 5 years will be decided by the Copyright Royalty Board ("CRB") in December. To summarize the hearings that have been held over the last year, the CRB held an oral argument last week, where Sirius XM and SoundExchange presented their arguments as to what those royalties should be.

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Court of Appeals Overturns Case Questioning Lending Practice of Taking Security Interest in Proceeds of the Sale of an FCC License

Broadcast Law Blog

An uncertainty for the broadcast lending world was by removed by a decision of the US Court of Appeals issued last week. In 2010, a US District Court considering the bankruptcy of Tracy Broadcasting Corporation ruled that a security interest in the proceeds of the sale of a broadcast license could not be enforceable after a bankruptcy action had commenced unless the sale agreement had been signed prior to the bankruptcy – a situation that almost never occurs.

Court 40
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Understanding the Rules of Legal Citation

The Paralegal Resource

Proper citation of legal documents ensures that others can find the information cited. Legal citation refers to the process of notating reference of a legal quote or proposition. Law students, judges, lawyers, paralegals and other legal professionals rely on legal citations to find out the sources of certain information. There are various methods used to cite legal sources.

Legal 40
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Reconsideration of FCC's Rural Radio Decision - Making It Difficult to Move a Radio Station from a Rural to an Urban Area

Broadcast Law Blog

Moving a station from a rural area into a more urban one was a fairly common occurrence until the recent recession – when the value of new " move-in" stations in many larger markets essentially collapsed. Soon after the collapse, the FCC stepped in to stop what the marketplace had already severely slowed, by effectively prohibiting the practice of moving stations into urbanized areas.

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Political Broadcasting Refresher Part 5 - Why Don't TV Stations Pull More SuperPAC Ads? Is There Potential Liability for These Ads?

Broadcast Law Blog

We recently wrote about candidate ads , and the " no censorship" provision of Section 315 of the Communications Act. Broadcasters can’t censor a "use" by a political candidate (a candidate ad that features his or her recognizable voice or image), and thus the broadcaster is not liable for the content of a candidate's ad. So no matter what the candidate may say – the broadcaster runs the ad as is.

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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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Probate And Estate Tax Return Preparation For Paralegals

The Paralegal Resource

In preparing tax returns for trust or estate settlements, the Internal Revenue Service Form 706 is used. As with any IRS form, necessary information must be gathered beforehand, in order to be thorough. There are 20 schedules to be addressed with this form so good organizational skills and attention to detail are essential. It may seem like a daunting task but there's a bright side.

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RMLC Files Antitrust Suit Against SESAC - What Does It Mean For Broadcasters?

Broadcast Law Blog

Last week, the Radio Music License Committee (“RMLC” – see our article about the RMLC ), filed a complaint in US District Court for the Southern District of New York against SESAC, arguing that SESAC is a monopoly and should be treated like ASCAP and BMI. RMLC is asking that SESAC be subject to an antitrust consent decree as are these two bigger collection societies.

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Recordkeeping Techniques for Paralegals

The Paralegal Resource

Paralegals do all the research and follow up; without their dedicated work; cases would not be won for the law firm. With so much information to research and verify, they need to keep records of all that they do. There are several recordkeeping techniques that can be used.

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CALM Act Waiver Requests Due By October 12

Broadcast Law Blog

This Friday (October 12) is the deadline for requesting a waiver under the FCC’s Commercial Advertisement Loudness Mitigation (“CALM”) Act implementing procedures, intended to combat "loud commercials." We wrote about the implementing rules and the obligations of television stations to come into compliance with the standards set out in the rules, adopting a protocol that seeks to maintain consistency between commercials and surrounding programs, here.

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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.

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Paralegal's Role at Trial

The Paralegal Resource

The role of a paralegal is crucial in the success of a trial attorney. The job of a paralegal includes but is not limited to trial preparation, interviewing witnesses, and preparing documents, files, and exhibits. Considering the fact that the paralegal assumes responsibility for many of the tedious tasks normally often performed by various members of the legal team, it?

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FCC Commissioner Proposes Review of the AM Band to Make it More Competitive - What Can Be Done?

Broadcast Law Blog

At the NAB Radio Show, Commissioner Ajit Pai delivered an address discussing a number of topics, including a proposal for the FCC to undertake a study of AM radio and to come up with a plan to make that service more competitive. We cover many topics here on the Broadcast Law Blog, and often write about changes in service for FM radio and television, as well as the digital media, but it seems that our coverage of AM mirrors the FCC’s attention to the service in the last few years – re

Laws 40
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Chaffetz Bill Introduced in House of Representatives to Adopt 801(b) Standard for Internet Radio Royalty Decisions of Copyright Royalty Board - What's It All About?

Broadcast Law Blog

The recent introduction of a bill by Congressman Jason Chaffetz offers proposals for reform of the operations of the Copyright Royalty Board – reforms that many in the Internet Radio industry have hailed as promising real change in the way that royalty decisions for webcasters have been made. While some webcasters seem to think that relief is at hand, in fact, the bill has simply been introduced into Congress co-sponsored by four congressmen, so it has a long way to go before it can be ado

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Early October Regulatory Requirements - Quarterly Issues Programs Lists, Children's TV Reports, Captioning of Internet Programs, Noncommercial Ownership Reports, EEO and Renewal Obligations

Broadcast Law Blog

October is a very important month in the regulatory world, and broadcasters need to be aware of the regulatory deadlines that have already arisen this month, or which will come up in the next few days. This week, TV Newscheck published our latest summary of the state of many of the most significant legal issues facing TV broadcasters at the FCC and in Congress.

Legal 40
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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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Summary Judgment Preparation

The Paralegal Resource

While paralegals complete a variety of important tasks related to court cases, perhaps the most significant responsibility delegated to these professionals is drafting a motion for summary judgment. Crafting a document that properly explains a firm's intention to seek summary judgment must be done with care to increase the chances of success.

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Another Music Royalty Deal By Clear Channel and a Record Company - Why Broadcaster Deals With Record Companies May Be a Good Thing

Broadcast Law Blog

Last week, we wrote about the recently announced deal between Big Machine Records and Entercom Communications. The day after we posted that article, Clear Channel announced another label deal - this time with Glassnote Entertainment Group, the home of bands including Mumford & Sons and Phoenix. As with its Big Machine deal, the public releases suggest that the label agreed to lower digital performance royalties in exchange for a royalty on over-the-air performances by the company.