Broadcast Law Blog

OCTOBER 18, 2018

Earlier this month, the FCC announced another of its regular EEO audits , though this time it’s just for cable systems and other MVPDs who, like broadcasters, have EEO obligations. The FCC will audit 5% of all broadcasters and cable companies each year to assess their EEO compliance, so be prepared in case you are next. Broadcasters were last audited in June (radio stations only – see our article here ), so their turn will come again.

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THR, Esq. Entertainment & Media Law Blog

SEPTEMBER 7, 2012

Nexstar Broadcasting fails to convince a judge that its carriage agreement with TWC limits its local stations to local markets only. Television CBS Time Warner Cable Businessread more. The Business NBC THR, Esq.

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Broadcast Law Blog

MAY 27, 2016

At its open meeting earlier this week, the FCC adopted a Notice of Proposed Rulemaking proposing changes to the public file rules for both broadcasters and cable systems. For commercial broadcasters, the FCC proposed to eliminate the requirement that they include in their public file copies of letters and emails to the station concerning station operations. What do these proposals mean for broadcasters?

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Media Law Prof Blog

MARCH 19, 2015

As part of its revamping of Canadian telecommunications and broadcasting, the CRTC will tell the country''s cable industry that it must offer subscribers a $25 monthly option that would include local channels as well as some channels such as the

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Broadcast Law Blog

MARCH 22, 2017

In a decision released this week , the 9 th Circuit Court of Appeals overturned a District Court decision (about which we wrote here ) that had found that a video service provided by Aereokiller was a “cable system” as defined by Section 111 of the Copyright Act. The issue in the case is whether the broad definition of a cable system included in Section 111 would include an over-the-top system such as that offered by Aereokiller.

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Broadcast Law Blog

JUNE 30, 2016

While TV broadcasters can enjoy an incentive auction respite in July as attention shifts to the “forward auction” where we will see whether wireless carriers come up with enough money to fund the $86,422,558,704 (plus $1.75 All broadcast stations, radio and TV, commercial and noncommercial, need to place into their public files by the 10 th of the month, their Quarterly Issues Programs lists.

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Broadcast Law Blog

JANUARY 28, 2016

The FCC today adopted rules to require that the public inspection files of radio stations (and of cable television systems and operators of satellite radio and television companies) to put their public inspection files online. According to today’s public notice , political broadcasting material only needs to be uploaded on a going forward basis upon the effective date of the new rules (i.e.

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Broadcast Law Blog

FEBRUARY 17, 2015

The FCC has finally had published in the Federal Register its Notice of Proposed Rulemaking proposing to extend the online public file obligations to radio, satellite radio, cable operators and satellite TV providers. AM Radio Cable Carriage FM Radio Political Broadcasting Public Interest Obligations/Localism online political file online public inspection file

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Broadcast Law Blog

MAY 31, 2011

This past week, the FCC released its Notice of Proposed Rulemaking, looking to adopt rules to implement the statute for over-the-air television broadcast stations, cable systems, satellite, and other multichannel video programming providers. The NPRM raises a broad array of implementation issues, ranging from deciding exactly which broadcast stations and which MVPDs are subject to its terms, to the establishment of safe harbors for technical compliance.

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Broadcast Law Blog

JULY 18, 2016

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.

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Broadcast Law Blog

SEPTEMBER 6, 2018

In modern political elections, where PACs, Super PACs and other non-candidate interest groups are buying much political advertising time, broadcasters need to remember that these spots don’t require lowest unit rates. Various advertising sales packages, and how they are factored into lowest unit rate calculations, also seem to lead to many questions by broadcasters. Advertising Issues Political Broadcasting lowest unit charge lowest unit rate political window

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Broadcast Law Blog

MARCH 29, 2016

FilmOnX, that Aereo copycat service that seeks to deliver the signals of over-the-air television stations to consumers’ computers for a fee, has lost another round in its attempt to be recognized as a cable system. In reaching its decision, the Illinois court looked at the definition of a cable system in the Copyright Act.

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JetLawBlog

JANUARY 6, 2010

Last week, Fox Broadcasting Company threatened to drop its signal from Time Warner Cable and Bright House on the eve of some of the nation’s most anticipated college bowl games. The ban would have also affected Fox’s cable channels, such as the Food Network. However, since the mid-1990s the Big Four have become increasingly dependent upon licensing fees charged to cable providers. Isn’t it time for some form of government regulation over pricing in the cable industry?

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Broadcast Law Blog

OCTOBER 9, 2014

The FCC has just announced another of its regular EEO audits , though this time it’s just for cable and satellite television systems, which also have EEO obligations (see the FCC Public Notice and list of affected systems here ). The FCC will audit 5% of all broadcasters and cable companies each year to assess their EEO compliance, so be prepared in case you are next. Our Broadcast Regulatory Calendar here , has dates for EEO reporting obligations for other states.

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Broadcast Law Blog

OCTOBER 17, 2016

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.

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Broadcast Law Blog

APRIL 30, 2010

While the announced goal of the legislation is aimed at disclosure of the individuals and companies who are trying to impact the political process, the draft legislation, if adopted would have significant impact on broadcasters and cable companies , including potentially extending lowest unit rates and reasonable access to Federal political party's campaign committees (and not just the candidates themselves). This change may be a positive for broadcasters.

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Broadcast Law Blog

JULY 29, 2016

This includes the portal for filing cable and satellite royalty claims , which will be unavailable 5 p.m. Claims by broadcast TV stations and others for royalties for the carriage by satellite TV and cable systems of programming to which they own the copyright are due on August 1 (technically the claims are due by the end of July but, as July 31 is Sunday, that deadline defaults, according to the CRB site here , to August 1).

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Broadcast Law Blog

DECEMBER 30, 2015

The FCC appears poised to decide what to do with its proposals for an online public inspection file for radio stations, and for cable and satellite TV systems. AM Radio Cable Carriage FM Radio General FCC Political Broadcasting Programming Regulations Public Interest Obligations/Localism Website Issues online political file online public inspection file

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Broadcast Law Blog

OCTOBER 14, 2009

As we've written before , the FCC every year aims to randomly audit 5% of all broadcast stations and multichannel video programming distributors (MVPDs) to assure their compliance with the Commission's EEO rules. Today, the Commission issued another one of these audit lists - this time for MVPDs, principally cable systems. No broadcasters are on the list - this time.

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Broadcast Law Blog

MARCH 6, 2019

March is one of those unusual months in the broadcast regulatory cycle, where there are no routine EEO public file obligations, and no quarterly filing obligations or other regularly scheduled regulatory deadlines. But, starting next month, there will be a whole new set of deadlines about which broadcasters need to be concerned, as April 1 is when the first pre-filing announcements for broadcast license renewals will begin , signaling the start of the 3-year long radio renewal cycle.

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Broadcast Law Blog

MAY 30, 2019

The license renewal cycle, about which we have been warning broadcasters for at least the last year (see, for instance, our posts here , here and here ), is now upon us. The FCC’s June meeting is light on broadcast matters. To look ahead at some of the other upcoming deadlines, see our Broadcaster’s Calendar, here.

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Broadcast Law Blog

APRIL 29, 2016

May is one of those off months in which there are not the kind of routine filings that pop up in most other months – no EEO Public File Reports, no quarterly issues programs lists or children’s television reports, no Biennial Ownership Reports for noncommercial stations (which will soon disappear anyway when noncommercial stations transition to the same biennial report deadline as commercial broadcasters – see our articles here and here ).

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THR, Esq. Entertainment & Media Law Blog

NOVEMBER 17, 2015

The cable news channel also wants the many prominent members of TVEyes' service to sign click-wrap agreements. And much, much more. read more. THR, Esq. The Business Television Tech Business THR Online

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Broadcast Law Blog

SEPTEMBER 28, 2015

October is one of those months where the regulatory stars align, when not only do broadcasters in many states have EEO Public File report obligations, but also Quarterly Issues Programs Lists need to be placed in the public files of all commercial and noncommercial stations, and Quarterly Children’s Television Reports need to be filed at the FCC and placed in the public files of television stations.

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Broadcast Law Blog

JULY 11, 2014

The Supreme Court decision in the Aereo case seemed to be the end of the line for the service that was retransmitting television stations signals without consent, as it found that the broadcasters were entitled to an injunction to force Aereo to cease the public performance of their signals without consent. Admittedly, their argument that they qualify as a cable system under the Copyright Act has some appeal.

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Broadcast Law Blog

DECEMBER 7, 2015

The DC Court’s decision was the exact opposite of a decision reached in July by a California court which found that FilmOn did fit within the definition of a cable system as set out by the Copyright Act (see our summary of that decision here ). For purposes of determining the royalty fee under subsection (d)(1), two or more cable systems in contiguous communities under common ownership or control or operating from one headend shall be considered as one system.

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Broadcast Law Blog

AUGUST 25, 2017

Summer is coming to an end, but the legal obligations never take a vacation, and September brings another list of regulatory deadlines for broadcasters. While the month is one of those without the usual list of EEO Public File obligations or quarterly FCC filing obligations, there still are a number of other regulatory deadlines for which broadcasters need to be prepared.

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THR, Esq. Entertainment & Media Law Blog

AUGUST 2, 2013

John McCain, R-Ariz, to back a bill that broadcasters and the MPAA oppose: "Forcing people to buy things they don''t want to get what they do want is un-American." Senator Richard Blumenthal, D-Conn, tells THR why he joined Sen. read more. THR, Esq. Television Politics Tech Business

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Broadcast Law Blog

JANUARY 28, 2015

As in any month, February has many impending deadlines for broadcasters and media companies – many routine regulatory obligations as well as some that are specific to certain proceedings. A guide to many of the regular FCC filing deadlines can be found in our Broadcasters Calendar available here. In February, all sorts of activities are planned around the broadcast incentive auction. And we can always expect other actions to arise that will be of relevance to broadcasters.

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Broadcast Law Blog

MARCH 31, 2016

April brings the whole panoply of routine regulatory dates – from the need to prepare EEO Public File and Noncommercial Ownership Reports in some states, to Quarterly Issues Programs lists for all full-power broadcast stations and Quarterly Children’s Television Programming Reports for all TV stations. So let’s look at some of the specific dates that broadcasters need to remember this coming month. For more on these routine regulatory dates, see our Broadcasters Calendar, here.

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Broadcast Law Blog

JANUARY 7, 2015

Each year, at about this time, we pull out the crystal ball and make predictions of the issues affecting broadcasters that will likely bubble up to the top of the FCC’s agenda in the coming year. But here is our try at listing at least some of the issues that broadcasters should expect from Washington in the coming year. In addition, watch these pages for our calendar of regulatory deadlines for broadcasters in the next few days. General Broadcast Issues.

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Broadcast Law Blog

FEBRUARY 16, 2010

The New York Times just ran an article on the number of radio and television commentators who are also potential political candidates , speculating on whether the appearance of these candidates on TV and cable talk shows, and on radio programs, give them an advantage in their future political careers. But it is also evident in the almost daily parade of potential candidates on radio, TV and cable talk programs.

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New Media and Technology Law

SEPTEMBER 6, 2016

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.

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Broadcast Law Blog

JANUARY 12, 2016

It’s that time of the year when we need to dust off the crystal ball and make predictions about the legal issues that will impact the business of broadcasters in 2016. We’ll start today with issues likely to be considered by the FCC, and we’ll write later about issues that may arise on Capitol Hill and elsewhere in the maze of government agencies and courts who deal with broadcast issues. General Broadcast Issues. Foreign Ownership of Broadcast Stations.

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Broadcast Law Blog

JANUARY 7, 2014

It is the beginning of another year – and a time to look ahead to look ahead at what broadcasters should expect from Washington in the coming year. In addition, watch these pages for our calendar of regulatory deadlines for broadcasters in the next few days. Issues unique to radio and TV, and those that could affect the broadcast industry generally, are addressed below. General Broadcast Issues.

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Broadcast Law Blog

JANUARY 15, 2015

Whether to treat Internet video providers by the same rules that apply to cable and direct broadcast satellite systems is the subject of a Notice of Proposed Rulemaking released by the FCC just before Christmas, notice of which was published in the Federal Register today , setting the comment dates on the proposal. And the FCC has defined a TV channel as one comparable to what is delivered by broadcast TV. It would seem that some rules that apply to cable and satellite (e.g.

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Broadcast Law Blog

APRIL 30, 2015

But, as with any month, that does not mean that there are no dates of concern for broadcasters – as there are certain compliance deadlines and other important dates of which broadcasters need to be aware in the upcoming month. Here is our summary of some of the dates that broadcasters should be watching in the upcoming month.

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Broadcast Law Blog

AUGUST 5, 2015

For one, we will soon be seeing details for submitting the regulatory fees that are due from all commercial broadcasters (and most other commercial entities regulated by the FCC) before the end of September. Details on all of these standard regulatory deadlines are available in our Broadcaster’s Regulatory Calendar, here.

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Broadcast Law Blog

DECEMBER 29, 2015

While January starts off with some regulatory deadlines that apply to all broadcasters – Quarterly Issues Programs lists must be placed in a station’s public file by the 10 th of January – there are many other dates that come due this month, dates to which broadcasters need to pay careful attention. For TV broadcasters, the incentive auction deadlines for filing their Form 177 applications to participate in the auction are due on or before January 12.

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Broadcast Law Blog

JULY 21, 2015

The Judge in the FilmOn case interpreted Section 111’s definition of a “cable system” in a technically agnostic manner – in a manner that we feared was possible in our earlier article on the subject. By doing so, he decided that previous decisions defining a cable system as requiring specific technical facilities were incorrect. We also discussed that issue in our article on Aereo’s attempt to qualify as a cable system.

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Broadcast Law Blog

JANUARY 8, 2016

Last week, we noted that an order acting on the FCC’s proposal to adopt a requirement for an online public file for radio, cable and satellite had been prepared and was circulating among the FCC commissioners for their review. AM Radio FM Radio On Line Media Political Broadcasting Public Interest Obligations/Localism online political file online public inspection file

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Broadcast Law Blog

SEPTEMBER 9, 2016

September 29 will be a big day for broadcasters and other media companies when the FCC holds its next open meeting. In the tentative agenda for that meeting released on Thursday , the FCC identified several issues that deal with the media including two big items on video issues – the decision as to what to do about the Commission’s proposals to open the cable set top box to competing systems, and a new proposal designed to promote sources of independent programming for video distributors.

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Broadcast Law Blog

OCTOBER 30, 2015

See our Broadcaster’s Calendar , here , for information about the states where stations have such obligations. Those reports submit a snapshot of broadcast station ownership as of October 1, so they can be filed at any time in November. On a non-FCC matter, we wrote here about the November 20 deadline for commercial radio broadcasters to opt into the Radio Music License Committee settlement of their antitrust lawsuit with SESAC.

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