Broadcast Law Blog

DECEMBER 21, 2016

The New York State Court of Appeals, the state’s highest court, has ruled that there is no public performance right in pre-1972 sound recordings in the state of New York. The decision ( available here in a version subject to revision) was reached after the US Court of Appeals certified the question to the state court as being necessary to resolve the appeal of a US District Court decision which had found such a right to exist in a lawsuit brought by Flo & Eddie of the band the Turtles agains

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Broadcast Law Blog

DECEMBER 20, 2016

It’s the holiday season, and many of us are turning our thoughts to celebrating with friends and family. It is also high season for shopping, which means the airwaves, social media, websites and print pages are full of opportunities to buy, sell, and advertise. Whether you consider that to be a feature or a bug, this is the time to be especially vigilant about doing advertising right.

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Broadcast Law Blog

DECEMBER 19, 2016

Last week, the full FCC issued a decision upholding the license renewal grant of a Pacifica-owned radio station in New York. A listener was complaining that the station broadcast favorable statements about an individual who had shot a police officer. The FCC first noted that the listener had not provided details of the statement, but further stated that the FCC is not allowed to censor the content selected by broadcasters to air on their stations.

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Broadcast Law Blog

DECEMBER 22, 2016

In the last year, noncommercial broadcast stations , both radio and TV, have been filing their Biennial Ownership Reports on FCC Form 323-E every other year, on the anniversary date of the filing of their license renewal applications. This meant that, every other month noncommercial stations in a few states had to submit those reports, with the radio stations in a state submitting them one year and the TV stations in that state the next (as the renewal terms for radio and TV are off by one year

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Broadcast Law Blog

DECEMBER 20, 2016

As we wrote here , the FCC has requested comments on a petition for reconsideration of the elimination of the UHF discount – which had counted UHF stations as reaching only half of their market in assessing an owner’s compliance with the National Ownership Rules for TV. These rules limit an attributable owner from having an interest in TV stations that reach more than 39% of the national television audience.

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