This Week in Regulation for Broadcasters: April 17, 2021 to April 23, 2021

Broadcast Law Blog

Here are some of the regulatory developments of significance to broadcasters from the last week, with links to where you can go to find more information as to how these actions may affect your operations. At the FCC’s regular monthly Open Meeting, the Commissioners voted to adopt new rules mandating sponsorship identification of foreign government-provided broadcast programming.

This Week in Regulation for Broadcasters:  April 24, 2021 to April 30, 2021

Broadcast Law Blog

Here are some of the regulatory developments of significance to broadcasters from the last week, with links to where you can go to find more information as to how these actions may affect your operations. The FCC’s new rules that permit AM broadcasters to convert to all-digital operations became effective April 29.

This Week in Regulation for Broadcasters: April 3, 2021 to April 9, 2021

Broadcast Law Blog

Here are some of the regulatory developments from the last week of significance to broadcasters, with links to where you can go to find more information as to how these actions may affect your operations. The National Association of Broadcasters this week announced that its CEO, Gordon Smith, will be stepping down at the end of the year to be replaced by COO, and former head of Government Relations at the NAB, Curtis LeGeyt.

This Week in Regulation for Broadcasters: April 10, 2021 to April 16, 2021

Broadcast Law Blog

Here are some of the regulatory developments of significance to broadcasters from the last week, with links to where you can go to find more information as to how these actions may affect your operations. According to press reports, broadcasters should pencil in August 11, 2021 on their calendars for the next national test of the Emergency Alert System (EAS). Broadcast Law Blog article ).

Press 47

Important Dates for Broadcasters in 2019 – A Broadcaster’s Calendar

Broadcast Law Blog

While the shutdown of the Federal government delayed FCC activities in January, with the government back in business (hopefully for the long term), we have put together a Calendar of Important Dates for Broadcasters for 2019 , available here. While this is not a comprehensive list of all regulatory dates that a broadcaster can expect, and while there can be some changes in these dates as the year goes on, it does provide a start keeping you on top of your regulatory burdens.

Closing Out the Incentive Auction and TV Repack – FCC Reminds Broadcasters of End Dates for Submitting Invoices for Repacking Expenses

Broadcast Law Blog

The Commission’s staff this week issued a Public Notice reminding broadcasters that the reimbursement program for those broadcasters displaced by the repacking of the television band after the incentive auction is coming to an end. The FCC reminded broadcasters eligible for reimbursement (including certain FM stations and LPTV licensees – see our article here ) that deadlines to submit invoices for reimbursement will start in six months.

Important Dates for Broadcasters in 2019 – A Broadcaster’s Calendar

Broadcast Law Blog

While the shutdown of the Federal government delayed FCC activities in January, with the government back in business (hopefully for the long term), we have put together a Calendar of Important Dates for Broadcasters for 2019 , available here. While this is not a comprehensive list of all regulatory dates that a broadcaster can expect, and while there can be some changes in these dates as the year goes on, it does provide a start keeping you on top of your regulatory burdens.

FCC Incubator Order Becomes Effective Just as Third Circuit Hears Arguments on 2017 Order Relaxing FCC Broadcast Ownership Rules

Broadcast Law Blog

The Office of Management and Budget, acting pursuant to the Paperwork Reduction Act, has just approved the FCC’s broadcast incubator program , about which we wrote here. That approval makes the program effective. The program permits an established broadcaster to provide assistance to a new broadcaster (generally, a qualified small business) to enter the radio broadcast industry.

Preparing for the 2020 Elections – Our Updated Political Broadcasting Guide

Broadcast Law Blog

To help broadcasters sort out the confusing rules they need to follow in connection with such advertising, we have updated our Political Broadcasting Guide for Broadcasters (note that the URL for the updated version has not changed from prior versions, so your bookmarks should continue to work). In the upcoming months, I will be doing a number of seminars on these rules for various broadcast associations – watch for announcements on those in the coming months.

Updated Political Broadcasting Guide – Questions and Answers about Broadcasters’ Obligations During this Election Season

Broadcast Law Blog

To help broadcasters sort out the confusing rules about political advertising , we have updated our Political Broadcasting Guide for Broadcasters (note that the URL for the updated version has not changed from prior versions, so your bookmarks should continue to work). The revised guide is much the same as the one that we published two years ago, formatted as Questions and Answers to cover many of the issues that come up for broadcasters in a political season.

Comcast Beats Spanish-Language Broadcaster's Discrimination Complaint

THR, Esq. Entertainment & Media Law Blog

The FCC says that Liberman Broadcasting, owner of Estrella TV, isn't a “video programming vendor” and thus can't make its case. read more. THR, Esq. The Business Television Tech Business THR Online

Broadcasters Settle Copyright Dispute With FilmOn

THR, Esq. Entertainment & Media Law Blog

The development occurs after CBS, Fox, and NBC score a March victory at one appellate circuit with other decisions loomings. read more. THR, Esq. Business Television Tech Business THR Online

CBS 77

Biber on Broadcasting the Oscar Pistorius Trial

Media Law Prof Blog

Katherine Biber, University of Technology Sydney, Faculty of Law, is publishing Dignity in the Digital Age: Broadcasting the Oscar Pistorius Trial in Crime, Media, Culture 2018. Here is the abstract. Oscar Pistorius was tried for the murder of Reeva Steenkamp

RV that exploded in Nashville broadcast a message warning of imminent blast, police say

Communications And Entertainment Law Blog

RV that exploded in Nashville broadcast a message warning of imminent blast, police say

FilmOn Loses Against TV Broadcasters in DC

THR, Esq. Entertainment & Media Law Blog

A judge rejects the TV streamer's argument of being entitled to a compulsory license. read more. THR, Esq. The Business Television Tech Business THR Online

Congressional Letter to FCC on CALM Act Violations Puts Focus on FCC Enforcement Issues

Broadcast Law Blog

As we highlighted yesterday in our weekly summary of regulatory issues for broadcasters, last week saw a letter from Congresswoman Anna Eshoo to the FCC asking for the FCC to review the enforcement of the rules established by the CALM Act , which prohibits loud commercials on TV stations. We also noted the recent enforcement updates issued by the FCC reminding broadcasters of their obligations under FCC rules, including the one on sponsorship identification about which we wrote here.

Sinclair Broadcast Group Sued for Sexual Harassment and Retaliation

THR, Esq. Entertainment & Media Law Blog

Three former employees claim a Sinclair affiliate discriminates against women and ignored complaints about harassment. read more. THR, Esq. Business Home THR Online

Washington Issues for TV Broadcasters – Where Things Stand at the FCC

Broadcast Law Blog

There is never a shortage of Washington issues for broadcasters to consider, and the rapid pace of change since the new administration took over in January has made it even more difficult to track where all the issues stand. While we try on this Blog to write about many of the DC issues for broadcasters, we can’t always address everything that is happening. Every few months, my partner David O’Connor and I update a list of the legal and regulatory issues facing TV broadcasters.

February Regulatory Dates for Broadcasters

Broadcast Law Blog

Unlike many other months, there are not many comment filing deadlines for broadcasters in the month. For a list of some of the dates for the LUC periods, and the other regulatory dates that are coming up, please review our Calendar of Important Regulatory Dates for Broadcasters, available here. Other legal issues that broadcasters should keep in mind during the month include the cautions about last-minute Super Bowl promotions , about which we wrote here.

FCC v. Fox Broadcasting Transcript

Media Law Prof Blog

Fox Broadcasting. Here's a link to the transcript of oral argument in FCC v. Link courtesy of SCOTUSBlog

Fox 57

Legal Issues for Broadcasters – Updates on Pending Matters

Broadcast Law Blog

There are so many legal issues that facing broadcasters that it is sometimes difficult to keep up with them all. This Blog and many other activities that those at my firm engage in are meant to help our clients and other broadcasters keep up to date on all of the many regulatory challenges with which broadcasters must deal, while at the same time keeping up with their business operations. Of course, there are issues that radio broadcasters face as well.

Elimination of Requirement that Broadcasters Post Their Licenses Becomes Effective

Broadcast Law Blog

As we wrote here , at the FCC’s December meeting, the FCC was scheduled to adopt an order eliminating the requirement that broadcasters post a physical copy of their licenses and other instruments of authorization at their control points or transmitter sites. So there is now one less regulatory requirement for broadcasters to worry about.

ESPN, Fox Resist Handing Over Sports Broadcast Deals in Lawsuit by Former College Athletes

THR, Esq. Entertainment & Media Law Blog

Eriq Gardner Bill Russell is among the sports legends involved in a class action that initially focused on the exploitation of athletes in video games and has suddenly become a huge headache for all TV networks broadcasting NCAA sports. Television Television Business ESPN Fox Broadcasting Corporation Sports

ESPN 85

Sports Broadcaster Warner Wolf Sues Don Imus for Age Discrimination

THR, Esq. Entertainment & Media Law Blog

The 80-year-old says he was terminated upon pretextual reasons. read more. THR, Esq. Business Television Business THR Online

FCC Media Bureau Clarifies Broadcasters’ Negotiation Remedies

New Media and Technology Law

Broadcasters may invoke “Must Carry” status or seek to negotiate terms for “retransmission” under FCC rules requiring “good faith” negotiations. On August 26, 2016, the FCC Media Bureau ruled that broadcasters are limited to the first bucket above, the Must Carry/Retransmission Consent rules. ( In re Liberman Broadcasting, Inc. Under the Media Bureau’s ruling, broadcasters may look solely to the Retransmission Consent rules to regulate their carriage negotiations.

What’s Up With Music Rights for Broadcasters and Webcasters? – A Presentation on Pending Issues

Broadcast Law Blog

While this summer has perhaps not brought the big headlines in trade press about copyright issues involving broadcasters – particularly in the area of music rights – there still are many issues that are active. I addressed some of those issues in a presentation earlier this month at the Texas Association of Broadcasters Annual Convention.

Howard Stern Sued for Broadcasting Woman's Conversation With IRS

THR, Esq. Entertainment & Media Law Blog

An IRS agent called into the radio show and was put on hold. read more. THR, Esq. The Business Television Music Business THR Online

Agent 88

@jannarden gets the Lars Treatment from QuickHitz Broadcaster

Music Technology Policy

Remember that Canadian broadcasters are supposed to help foster Canadian artists, and most of them do. The broadcaster ban is so incredibly short sighted, surely there’s more to it? I just wanted to thank Steve jones for removing me from the #ampradio stations nation wide. Thank god.— — jann arden (@jannarden) August 08, 2014.

Political Broadcasting Issues to Consider Now for the 2020 Election Campaign

Broadcast Law Blog

With the first debate among these candidates scheduled for late June, it seems like we have a real election already underway – and it is time for broadcasters to start thinking about their political broadcasting obligations under FCC rules and the Communications Act , and beginning to make plans for compliance with those rules. In addition to our Political Broadcasting Guide, we wrote about other issues you should be considering in determining your lowest unit rates here.

British Copyright In Broadcasts

Media Law Prof Blog

Enrico Bonadio, City University London, has published The High Court Rules on 'Communication to the Public' and Infringement of Copyright in Broadcasts in the Journal of Intellectual Property Law & Practice, February 23, 2011. Here is the abstract. The High

TV Streamer Gets Huge Victory on Road to Compulsory License to Broadcast Networks

THR, Esq. Entertainment & Media Law Blog

FilmOn wins a potential landmark ruling — one that will set up a high-stakes appellate showdown with the broadcast establishment. read more. THR, Esq. The Business Television Business THR Online

Looking at Music Royalty Issues for Radio and TV Broadcasters

Broadcast Law Blog

Last week, I participated in a discussion about music royalties for broadcasters at the Texas Association of Broadcasters Annual Convention in Austin. These are the organizations that represent most commercial broadcasters in their negotiations with ASCAP, BMI and SESAC for public performance licenses for “musical works” or “musical compositions” – the underlying words and music to any song.

Aereo Beats Broadcasters in Big Appellate Ruling

THR, Esq. Entertainment & Media Law Blog

Broadcasters predicted that a victory for Barry Diller's Aereo would irreparably harm the TV industry, but the Ninth Circuit refuses to shut it down. read more. The Business THR, Esq. Television Business

TV 62

FCC Approves For the First Time 100% Foreign Ownership of US Broadcast Stations

Broadcast Law Blog

The FCC yesterday released its first decision approving 100% foreign ownership of a group of US broadcast stations. This comes after significant relaxation of the FCC’s interpretation of the foreign ownership limits which, less than 4 years ago, had been interpreted to effectively prohibit foreign ownership of more than 25% of a company controlling broadcast licensees (see our article here about the 2013 decision to relax the restrictive policy).

A Broadcaster’s Calendar of Important Regulatory Dates in 2016

Broadcast Law Blog

At the beginning of each year, we publish our broadcaster’s calendar of important dates – setting out the many dates for which broadcasters should be on alert as this year progresses. The Broadcasters Calendar for 2016 is available here. AM Radio FM Radio General FCC Internet Radio Noncommercial Broadcasting Political Broadcasting Programming Regulations Television broadcaster calendar

May Regulatory Dates for Broadcasters – Incentive Auction, ATSC 3.0 and Broadcast Deregulation

Broadcast Law Blog

But, just because there are none of these regular filings due, that does not mean that the month will be a quiet one for broadcasters on the regulatory front. What exactly this means is open to some question, as all TV stations can already offer some non-broadcast services through the excess capacity provided by their digital channel. The capacity to expand their offerings of non-broadcast services is one of the benefits for TV broadcasters advanced by advocates of the new ATSC 3.0

February Regulatory Dates for Broadcasters – EEO Reports, Webcasting Proceeding, FCC Meeting and Other Issues

Broadcast Law Blog

These are the royalties paid to SoundExchange by webcasters – including broadcasters who stream their signals on the Internet and through other digital platforms (see, for instance, our article here about how these royalties include streams played by Alexa and other smart speakers). There will no doubt be other important dates both to broadcasters generally and to specific stations.

Summaries of the Legal Issues Facing Radio and TV Broadcasters – Staying on Top of Your Regulatory Obligations

Broadcast Law Blog

Each quarter, my partner David O’Connor and I update a list of the legal and regulatory issues facing TV broadcasters. If you are trying to keep on top of all the other legal and regulatory issues TV broadcasters should be considering this fall, or if you are looking for the current status of specific proceedings potentially impacting TV broadcasters, check out our most recent updated summary, here. Of course, there are issues that radio broadcasters face as well.

Elimination of Requirement for Broadcasters to File Contracts and Agreements with the FCC Becomes Effective

Broadcast Law Blog

Back in October, the FCC eliminated the requirement that broadcasters file contracts and organizational documents with the Commission. General FCC filing of broadcasters contracts Modernization of Media Regulation Initiative online public inspection file station contracts and agreementsSee our post here for more details. That change became effective on January 22, 2019 , as noted in an FCC Public Notice released earlier this week.

CNN To Begin Broadcasting Again In Russia

Media Law Prof Blog

From the Hollywood Reporter: CNN has obtained a new license to broadcast in Russia. The network had stopped broadcasting in January because of new legislation that banned commercials on pay television. The license is for ten years

CNN 40

FCC Shuts Down Because of Government Funding Impasse – What Does It Mean for Broadcasters?

Broadcast Law Blog

But what does the shut-down really mean for broadcasters? The FCC clarified some of the questions broadcasters have in a Public Notice released Wednesday. Unlike in past shutdowns (see, for instance, our article here), the FCC website will remain up and generally will be operating, and the CDBS and LMS databases used for most broadcast applications will continue to function (though without any sort of tech support if an applicant has problems).

Understanding a Broadcaster’s Political Broadcasting Obligations Under FCC Rules – A Webinar Outlining the Requirements

Broadcast Law Blog

While many broadcasters’ thoughts are on holiday celebrations, the political process leading to the 2016 elections marches on. Last week, Bobby Baker, the head of the FCC’s Office of Political Programming and I conducted a webinar for broadcasters in 16 states on the legal issues that need to be considered in connection with the upcoming political season. For more information, check out our Political Broadcasting Guide , here.

A Companion to the History of American Broadcasting (Wiley, 2018) @joshshepperd

Media Law Prof Blog

New(ish): From August 2018: A Companion To the History of American Broadcasting (Aniko Bodroghkozy, ed., Wiley, 2018