April, 2009

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Internet Radio Royalty Reminders - April 30 is the Last Date to Elect Small Webcaster Agreement and for Broadcasters to Pay Past Fees, and Don't Forget the Recordkeeping Obligations

Broadcast Law Blog

We recently wrote about the agreements between SoundExchange and various groups of webcasters, which became effective under the terms of the Webcasters Settlement Act. These rates act as a substitute for the rates set by the 2007 Copyright Royalty Board decision setting Internet radio royalties for the use of sound recordings in the period from 2006-2010.

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Noncommercial FM and the Disappearing Channel 6 TV Station - the FCC Clarifies the Relationship

Broadcast Law Blog

The FCC today issued a long-awaited public notice , clarifying the relationship between FM educational stations and the analog Channel 6 TV stations that have or will be disappearing after the digital transition. As we've written before, the question of whether noncommercial FM stations could seek improvements in their facilities based on the imminent disappearance of the Channel 6 stations has been pending for quite some time.

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Reminder: New FCC Application Fees Go Into Effect Today

Broadcast Law Blog

Last month, we warned readers that the FCC application fees were going up. And today is the day that the new fees take effect. So, if you are planning an FCC filing today or at any time in the future, remember to pay those higher fees - or face the risk of having your application bounced by the FCC for insufficient payments. And, while we are on the subject of fees, the agenda for next month's FCC meeting calls for a Notice of Proposed Rulemaking on the regulatory fees that stations pay each yea

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FCC Gives No Special Consideration to Noncommercial Broadcasters Who Violate the Rules - Colleges Pay Attention to Your Radio Station!

Broadcast Law Blog

In a decision fining a noncommercial radio station $7200 for failure to have several year's worth of quarterly issues programs lists in its public inspection file , the FCC specifically stated that it does not have a reduced scale for fines for noncommercial broadcasters. Instead, noncommercial station licensees, like the college that was involved in this case, have to justify a reduction in the amount of a fine based on financial hardship by providing a financial statement for the licensee itse

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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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Another FCC Fine For Not Following Contest Rules - Disclose Any Benefits that Loyal Listeners May Get

Broadcast Law Blog

Last week, the FCC fined yet another broadcaster for violations of its contest rules , issuing a fine of $4,000 to a station that had not disclosed to its listeners all of the material terms of a contest that it conducted on the air. In this case, the station promised a give-away of three cars, but in reality it was only awarding to winners a two-year lease for the cars, not actual ownership of the vehicles.

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Another Fine For Contest Rules - Disclose Any Benefits that Loyal Listeners May Get

Broadcast Law Blog

Last week, the FCC fined yet another broadcaster for violations of its contest rules , issuing a fine of $4,000 to a station that had not disclosed to its listeners all of the material terms of a contest that it conducted on the air. In this case, the station promised a give-away of three cars, but in reality it was only awarding to winners a two-year lease for the cars, not actual ownership of the vehicles.

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A New Look for the Broadcast Law Blog

Broadcast Law Blog

This weekend, the Broadcast Law Blog is scheduled for a makeover, with a new look that goes with the new Davis Wright Tremaine website and other changes in our firm's branding materials. But, for our loyal readers, the look may change, but the content will remain the same - covering legal issues and developments of interest and importance to broadcasters , webcasters and other media companies.

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A New Look for the Broadcast Law Blog

Broadcast Law Blog

This weekend, the Broadcast Law Blog is scheduled for a makeover, with a new look that goes with the new Davis Wright Tremaine website and other changes in our firm's branding materials. But, for our loyal readers, the look may change, but the content will remain the same - covering legal issues and developments of interest and importance to broadcasters , webcasters and other media companies.

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FCC Clarifies Rules on Extension of Broadcast Construction Permits Upon Sale to Qualified Entity

Broadcast Law Blog

As part of its order in it proceeding to encourage diversity in broadcast ownership , the FCC adopted a number of new rules , including a rule allowing parties holding construction permits for new broadcast stations to sell those permits to " qualified entities." The buying qualified entity would then then get 18 months to construct the new station, even if the construction permit would otherwise expire in less than 18 months.

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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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Copyright Royalty Board Asks for Further Comments on Costs of Census Recordkeeping for Internet Radio Services

Broadcast Law Blog

In January, the Copyright Royalty Board asked for comments as to whether it should require " census reporting " of all sound recordings that are used by a digital service subject to the statutory royalty. This would replace the current requirement that services need only report on the sound recordings used for two weeks every calender quarter.

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Copyright Royalty Board Asks for Further Comments on Costs of Census Recordkeeping for Internet Radio Services

Broadcast Law Blog

In January, the Copyright Royalty Board asked for comments as to whether it should require " census reporting " of all sound recordings that are used by a digital service subject to the statutory royalty. This would replace the current requirement that services need only report on the sound recordings used for two weeks every calender quarter.

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FCC Clarifies Rules on Extension of Broadcast Construction Permits Upon Sale to Qualified Entity

Broadcast Law Blog

As part of its order in it proceeding to encourage diversity in broadcast ownership , the FCC adopted a number of new rules , including a rule allowing parties holding construction permits for new broadcast stations to sell those permits to " qualified entities." The buying qualified entity would then then get 18 months to construct the new station, even if the construction permit would otherwise expire in less than 18 months.

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When are a Bunch of Towers Really a Tower Farm - Only the FCC Knows for Sure

Broadcast Law Blog

A recent FCC decision shows how important it is for an applicant for a construction permit for a new or modified broadcast station, which entails the construction of a new tower , to take all steps set out on the the environmental worksheets associated with FCC Form 301 before certifying that the tower will not create environmental issues. In the recent case, the FCC did not find that any actual environmental issues existed with the applicant's proposed construction of a new tower, but it nevert

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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When are a Bunch of Towers Really a Tower Farm - Only the FCC Knows for Sure

Broadcast Law Blog

A recent FCC decision shows how important it is for an applicant for a construction permit for a new or modified broadcast station, which entails the construction of a new tower , to take all steps set out on the the environmental worksheets associated with FCC Form 301 before certifying that the tower will not create environmental issues. In the recent case, the FCC did not find that any actual environmental issues existed with the applicant's proposed construction of a new tower, but it nevert

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Congressman Boucher to NAB - Accept Performance Royalty - How Much Would It Cost?

Broadcast Law Blog

The week, Congressman Rick Boucher , a member of both the House of Representatives Commerce and Judiciary Committees , told an audience of broadcasters at the NAB Leadership Conference that they should accept that there will be a performance royalty for sound recordings used in their over-the-air programming and negotiate with the record companies about the amount of a such a royalty.

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Congressman Boucher to NAB - Accept Performance Royalty - How Much Would It Cost?

Broadcast Law Blog

The week, Congressman Rick Boucher , a member of both the House of Representatives Commerce and Judiciary Committees , told an audience of broadcasters at the NAB Leadership Conference that they should accept that there will be a performance royalty for sound recordings used in their over-the-air programming and negotiate with the record companies about the amount of a such a royalty.

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NPR to Conduct Study of Interference Issues from Increased HD Radio Power

Broadcast Law Blog

NPR Labs has announced that it is going to conduct a further study, financed by the Corporation for Public Broadcasting, of the potential of interference from a proposed increase in the power of HD Radio operations. Last year, NPR had raised issues with the proposal by Ibiquity and a number of commercial broadcasters for power increases in the digital radio operations of FM radio stations.

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Dangers of Digital "Reporting": Legal Risks and Unreliable Transcripts

In the world of legal proceedings, the choice between a certified stenographer and digital "reporting" holds significant implications. Certified stenographers go through rigorous training and testing and stand as the gold standard for accuracy in capturing every word. Their expertise ensures a reliable record, a crucial foundation for legal cases.

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NPR to Conduct Study of Interference Issues from Increased HD Radio Power

Broadcast Law Blog

NPR Labs has announced that it is going to conduct a further study, financed by the Corporation for Public Broadcasting, of the potential of interference from a proposed increase in the power of HD Radio operations. Last year, NPR had raised issues with the proposal by Ibiquity and a number of commercial broadcasters for power increases in the digital radio operations of FM radio stations.

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Noncommercial FM and the Disappearing Channel 6 TV Station - the FCC Clarifies the Relationship

Broadcast Law Blog

The FCC today issued a long-awaited public notice , clarifying the relationship between FM educational stations and the analog Channel 6 TV stations that have or will be disappearing after the digital transition. As we've written before, the question of whether noncommercial FM stations could seek improvements in their facilities based on the imminent disappearance of the Channel 6 stations has been pending for quite some time.

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FCC Proposes to Encourage Rural Radio By Making it More Difficult to Move Radio Stations to Urban Areas

Broadcast Law Blog

Rural communities – do their radio stations need government protection? The FCC seems to think so, proposing a series of new rules and policies that restrict the ability of the owners of rural radio stations to move their stations into Urban areas. These rules would make it harder for entrepreneurs to do “ move in” applications – taking stations from less populated areas and moving them to communities where they can serve larger populations in nearby cities.

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FCC to Require New Ownership Reports from all Commerical Broadcasters on November 1

Broadcast Law Blog

At its meeting today, the FCC decided to revamp its Ownership Report filing process - requiring all stations to file Biennial Ownership Reports on FCC Form 323 on November 1 of this year - even stations that have just filed those reports in the normal course in the last few months. All stations will have to file every two years thereafter - on November 1 of every other year.

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Optimizing Contract Management and Enhancing Team Collaboration: Insights from a Legal Operations Perspective

Speaker: Adina Marta Newman

Learn about a world of effective contract management and seamless teamwork across departments in this upcoming webinar from Cobblestone Software. You'll discover practical strategies and tips that legal professionals can use to streamline contract processes and enhance collaboration, making significant impact across legal and corporate departments. Join us as we show how you can supercharge contract processes, improve team communication, and take your contributions to the next level.

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FCC to Require New Ownership Reports from all Commerical Broadcasters on November 1

Broadcast Law Blog

At its meeting today, the FCC decided to revamp its Ownership Report filing process - requiring all stations to file Biennial Ownership Reports on FCC Form 323 on November 1 of this year - even stations that have just filed those reports in the normal course in the last few months. All stations will have to file every two years thereafter - on November 1 of every other year.

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Supreme Court Upholds FCC Process in Deciding Fleeting Expletives Were Indecent, But Sends the Case Back to Court of Appeals to Decide Constitutionality

Broadcast Law Blog

In a decision released today, the US Supreme Court upheld the FCC determination that fleeting expletives in the televised broadcasts of the Golden Globes and Billboard Music Awards violated the FCC's indecency rules. In this case, called Federal Communications Commission v Fox Television Stations, Inc., the Supreme Court overturned the decision of the Second Circuit Court of Appeals, which had found the FCC decision to be arbitrary and capricious.

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