Another EEO Audit – This Time for Cable – Reminds Broadcasters to Observe Their EEO Obligations

Broadcast Law Blog

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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Judge Won't Stop Time Warner Cable from Retransmitting 'Distant' CBS, NBC Signals

THR, Esq. Entertainment & Media Law Blog

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.

FCC Proposes to Eliminate Public File Obligations – No More Letters from the Public for Broadcasters, No Cable Headend Information for Cable Systems?

Broadcast Law Blog

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?

CRTC Moving To Lower Cable Costs For Canadians

Media Law Prof Blog

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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Court of Appeals Rules that Over-the-Top Video Service is Not a Cable System Entitled to Statutory License to Retransmit TV Station Programming

Broadcast Law Blog

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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July Regulatory Dates for Broadcasters – FM Translators for Class A and B AMs; Quarterly Issue Programs and Children’s Television Reports; Comments on EAS, Letters from the Public and Regulatory Fees, Cable Royalty Claims; and More

Broadcast Law Blog

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.

FCC Adopts Online Public File Requirements for Radio, Satellite and Cable – To be Effective for Large Market Radio Later This Year

Broadcast Law Blog

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.

Comment Dates Set on FCC Proposal to Extend Online Public File Obligations to Radio, Cable, and Satellite

Broadcast Law Blog

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

FCC Seeks Comments on Implementation of CALM Act Regulating Loud Commercials on Broadcast and Cable Television

Broadcast Law Blog

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.

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.

Broadcasting and Cable Political Window Begins September 7 For November Elections – A Refresher on the FCC’s Lowest Unit Charge Rules

Broadcast Law Blog

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

Another Loss for FilmOnX in its Quest to Be Recognized as a Cable System Entitled to Rely on Statutory License to Retransmit TV Signals

Broadcast Law Blog

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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FOX Near-Blackout Calls Attention to Cable Regulation

JetLawBlog

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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FCC Continues EEO Audits, This Time Just For Cable and Satellite Television Systems – A Reminder for Broadcasters to Keep Up EEO Compliance and Paperwork

Broadcast Law Blog

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.

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.

The Impact of the Proposed DISCLOSE Campaign Reform Act on Broadcasters and Cable Operators - Lowest Unit Rates and Reasonable Access for Political Parties, On Line Political File, FCC Audits and More

Broadcast Law Blog

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.

Copyright Office Filing System to be Down This Weekend – Warning About the Deadline for Filing Royalty Claims by TV Stations for Copyrighted Programming Used By Cable and Satellite TV

Broadcast Law Blog

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).

Will the Proposal for an Online Public File for Radio and Cable and Satellite TV Be Adopted Soon?

Broadcast Law Blog

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

Another FCC EEO Audit - This Time for Cable Systems, Not Broadcasters

Broadcast Law Blog

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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March Regulatory Dates for Broadcasters – Preparing for License Renewal Tops the List

Broadcast Law Blog

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.

June Regulatory Dates for Broadcasters – License Renewal, EEO Reports, Reg Fee Comments, Ownership Appeal Argument and More

Broadcast Law Blog

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.

May Regulatory Dates for Broadcasters – Incentive Auction, Comments on EAS, ATSC 3.0 and Set Top Boxes

Broadcast Law Blog

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 ).

In Lawsuit, Fox News Demands No Sharing of Clips Until 72 Hours After Broadcast

THR, Esq. Entertainment & Media Law Blog

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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October Regulatory Dates for Broadcasters – Many Routine Filings for All Broadcasters, Incentive Auction Actions, and More

Broadcast Law Blog

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.

Not Dead Yet – Aereo Tries To Reinvent Itself By Arguing that it is a Cable System Entitled to Carry Television Stations Pursuant to the Statutory License

Broadcast Law Blog

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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DC Court Finds FilmOn X Internet TV Service is Not a Cable System and Cannot Rely on Statutory License to Retransmit Over-the-Air TV Signals

Broadcast Law Blog

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.

September Regulatory Dates for Broadcasters – Including Reg Fees, Nationwide EAS Test, Must-Carry Letters, Lowest Unit Rate, Translator and Repack Deadlines and GMR License Extension

Broadcast Law Blog

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.

A La Carte Bill's Co-Sponsor: Cable Consumers Want Freedom of Choice (Q&A)

THR, Esq. Entertainment & Media Law Blog

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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February Regulatory Dates for Broadcasters – TV Renewals, EEO Reports, Lots of TV Incentive Auction Activity, OTT MVPD and Contest Comments, and Last-Minute January Deadlines for Webcasting

Broadcast Law Blog

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.

April Regulatory Dates for Broadcasters – Quarterly Issues Programs Lists and Children’s Television Reports and Much More

Broadcast Law Blog

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.

What Washington Has in Store for Broadcasters in 2015 – Part 1, What’s Up at the FCC

Broadcast Law Blog

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.

When Potential Candidates Like Sarah Palin, Mike Huckabee, and Harold Ford Are On Radio, TV and Cable - FCC Issues?

Broadcast Law Blog

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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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 Washington Has in Store for Broadcasters in 2016 – Looking at the Legal Issues that the FCC Will Be Considering in the New Year

Broadcast Law Blog

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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What’s Up in Washington For Broadcasters in 2014? — Part 1, FCC Issues

Broadcast Law Blog

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.

FCC Regulation of Internet Video? – Dates Set for Comments on Treating Over-the-Top Video Providers like Cable and Satellite TV

Broadcast Law Blog

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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May Regulatory Dates for Broadcasters – Including EEO Mid-Term Reports, FM Auction, Emergency Communications Compliance, TV Market Modification Comments and More

Broadcast Law Blog

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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August Regulatory Dates for Broadcasters – While Incentive Auction Dominates the News, Other Dates to Watch

Broadcast Law Blog

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.

January Regulatory Dates for Broadcasters – Quarterly Issues Programs Lists and Children’s Television Reports, Incentive Auction, FM Translators for AM Stations, Webcasting Fees, LUR Windows and More

Broadcast Law Blog

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.

A Compulsory License for Internet TV Platforms to Retransmit Broadcast TV? One US District Court Considering FilmOnX Seems to Think So

Broadcast Law Blog

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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Confirmed – The FCC Will Act to Require Online Public File for Radio, Satellite and Cable This Month

Broadcast Law Blog

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

September FCC Meeting To Be a Big One for Media Companies – Set Top Boxes, Foreign Ownership of Broadcast Stations and Promotion of Independent Programming

Broadcast Law Blog

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.

November Regulatory Dates for Broadcasters – Incentive Auction and Biennial Ownership Report Preparation, Reg Fee Comments, Music Issues, Text to Speech Emergency Information and More

Broadcast Law Blog

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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