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).

FCC Seeks Comments on Univision Request to Exceed 50% Foreign Ownership

Broadcast Law Blog

The FCC this week released a Public Notice soliciting comments on the request of Univision, which owns US radio and TV stations, to have foreign ownership that exceeds 50%. As we wrote here , the FCC previously permitted foreign ownership of up to 49% of the company. With a restructuring of its investors, the company is now seeking permission for foreign investors to own up to 70% of the company.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

U.S. Supreme Court: Foreign Produced copies are subject to First Sale Doctrine

Gordon P. Firemark

Supreme Court Ruling protects student's right to sell foreign purchased copies for profit. Supreme Court, in an opinion by Justice Breyer, ruled that foreign-made copies of works protected under the U.S. Supreme Court: Foreign Produced copies are subject to First Sale Doctrine is a post from: Law Offices of Gordon P. On March 19, 2013, the U.S. Copyright Act are subject to the “First Sale Doctrine” The decision comes as a blow to U.S.

Rut Roh: @LibraryCongress Hoster Cloudflare Discloses “Incorrect” Submissions to Treasury Dept. Office of Foreign Assets Control For Blacklist Payments by Narcotraficante

Music Technology Policy

As reported by Mengqi Sun in the Wall Street Journal, 8Chan and Library of Congress hosting provider Cloudflare amends IPO documents on September 10 to disclose to the Treasury Department’s Office of Foreign Assets Control violations of U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) and U.S. export control and similar foreign laws and regulations, including the U.S. Cloudflare Uncategorized Office of Foreign Asset Control Treasury Department

FCC Updates Foreign Ownership Compliance Policies for Broadcast Companies

Broadcast Law Blog

At the FCC’s open meeting last week, the Commission adopted new policies for assessing and computing foreign ownership of broadcast companies – particularly such ownership in public companies. The rules adopted last week were principally an outgrowth of the petition for declaratory ruling filed by Pandora which sought FCC approval, in connection with its acquisition of a radio station, for foreign ownership of greater than 25%.

FCC Decision Illustrates Details of the Application of FCC Foreign Ownership Approval Requirements

Broadcast Law Blog

In a decision released yesterday , the FCC issued a “remedial declaratory ruling” finding the change in control of stock in a company that owned broadcast stations did not offend the public interest, and that the approval of foreign ownership in the company that controlled broadcast stations above 25% (but capped at 49%) that was issued last year could stay in effect. Multiple Ownership Rules Public Interest Obligations/Localism alien ownership foreign ownership of US broadcast stations

FCC Decision Illustrates Details of the Application of FCC Foreign Ownership Approval Requirements

Broadcast Law Blog

In a decision released yesterday , the FCC issued a “remedial declaratory ruling” finding the change in control of stock in a company that owned broadcast stations did not offend the public interest, and that the approval of foreign ownership in the company that controlled broadcast stations above 25% (but capped at 49%) that was issued last year could stay in effect. Multiple Ownership Rules Public Interest Obligations/Localism alien ownership foreign ownership of US broadcast stations

Asked & Answered: protection of work against foreign infringement

Gordon P. Firemark

So, in most cases, submissions to foreign production companies present no greater risk than to U.S. The problem is that it may be harder and more expensive to pursue copyright infringement in foreign courts. Q: As most writer’s work is filed with either the WGA or copyrighted through the USPTO, how does one protect their work from an overseas company asking to see your screenplay?

Foreign Speakers After "Citizens United"

Media Law Prof Blog

Massaro, University of Arizona College of Law, has published Foreign Nationals, Electoral Spending, and the First Amendment in the Harvard Journal of Law and Public Policy (2011). Toni M. Here is the abstract. The Court in January of 2010 rocked

This Week in Regulation for Broadcasters:  June 12, 2021 to June 18, 2021

Broadcast Law Blog

The FCC published its final rules on sponsorship identification requirements for foreign government-provided programming.

FCC Approves Up to 49% Foreign Ownership of Univision – What Guidance is Provided to Potential Foreign Investors in US Broadcast Stations?

Broadcast Law Blog

In a decision released yesterday , the FCC issued a Declaratory Ruling permitting certain identified foreign companies and individuals to own up to 40% of the voting interests in Univision, and allowed aggregate foreign ownership of up to 49% of the equity of the company. Thus, this decision provides a good basis for determining what issues any potential foreign investor in a US broadcast station would face, particularly when investing in a public US company.

FCC Changes in Rules on Computation of Foreign Ownership of Broadcast Stations Now Effective

Broadcast Law Blog

Last year, the FCC made some modifications in its assessment of foreign ownership of companies with broadcast interests, relaxing some of their compliance rules to take account of the realities of the current public stock trading marketplace – realities that, using the FCC’s old policies, made determinations of the level of foreign ownership in any company difficult.

This Week in Regulation for Broadcasters: August 7, 2021 to August 13, 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.

Final CFIUS Regulations Impact Foreign Non-Control Investment Transactions Involving Critical Technologies/Infrastructure or Sensitive Data

New Media and Technology Law

In 2018, Congress passed the Foreign Investment Risk Review Modernization Act ( FIRRMA ) to modernize the Committee on Foreign Investment in the United States ( CFIUS ). CFIUS is chaired by the Secretary of the Treasury and is empowered to review certain transactions involving foreign investment in the U.S. Prior to the enactment of FIRRMA, the authority of CFIUS to conduct national security reviews of foreign investment in the U.S.

China 40

SAG settles foreign levies class action

THR, Esq. Entertainment & Media Law Blog

By Matthew Belloni The Screen Actors Guild has reached a tentative settlement of the class action lawsuit accusing it of withholding millions of dollars of overseas distribution revenues from members, the last of the major guilds to make a deal.

This Week in Regulation for Broadcasters:  September 11, 2021 to September 17, 2021

Broadcast Law Blog

We mention the foreign government sponsorship identification rules in one of our weekly updates, here and the court case, here.

FCC Seeks Comment on Another Request for Foreign Ownership of Broadcast Stations Above 25%

Broadcast Law Blog

Unlike the petitions about which we wrote last month, this case does not involve a situation where the foreign owners are defined. Instead, the company is a public company, and thinks that, from time to time, its foreign ownership might exceed 25%. It seeks permission for foreign ownership to go as high as 49.99%. General FCC Multiple Ownership Rules Public Interest Obligations/Localism alien ownership foreign ownership of US broadcast stations

SAG-AFTRA Responds to Foreign Royalties Lawsuit

THR, Esq. Entertainment & Media Law Blog

A new suit apparently charges the union with failing to properly disburse about $110 million received from foreign collection societies. read more. Ed Asner The Business THR, Esq. SAG-AFTRA Labor Business

AFTRA 40

U.S. Government Working to Settle Foreign Corruption Claims Over 'Wolf of Wall Street'

THR, Esq. Entertainment & Media Law Blog

Red Granite is in discussions with the Justice Department to resolve one component of the 1MDB Malaysian corruption case. read more. THR, Esq. Business Movies Business THR Online

Supreme Court Upholds Copyright Protection For Foreign Works

Current Trends

Supreme Court decision released this week in Golan v Holder maintained copyright protection for millions of works created by foreign authors. Before 1989, many foreign authors’ works became public domain for not fulfilling requirements in the U.S. copyright protection for works published by foreign authors primarily between 1923 and 1964. The U.S.

Coyle on the SPEECH Act and the Enforcement of Foreign Libel Judgments in the United States

Media Law Prof Blog

Coyle, University of North Carolina School of Law, is publishing The SPEECH Act and the Enforcement of Foreign Libel Judgments in the United States in the Yearbook of Private International Law. John F. Here is the abstract. This essay for

DISTRIBUTION 101 – Foreign Sales Agents

Entertainment Law Resources Blog

So while foreign sales have been expanding quickly, domestic sales have grown modestly. Indeed, for many independent filmmakers, even today, 90% or more of their revenue is derived from foreign sales. Editing for censorship purposes, television broadcast and changes made for a foreign language release, such as adding subtitles and translating the title and dialogue, is permissible.

This Week in Regulation for Broadcasters:  September 4, 2021 to September 10, 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.

Supreme Court Rules Against Putting Foreign Works Back in Public Domain

THR, Esq. Entertainment & Media Law Blog

Constitution's promise to promote arts and sciences gives Congress the right to enter into an international treaty allowing foreign right-holders to restore copyright authority on some works that were previously in the public domain. Eriq Gardner In a 6-2 decision, the high court finds that the U.S.

Why Do They Hate Us? - By Mona Eltahawy | Foreign Policy

Communications And Entertainment Law Blog

By Mona Eltahawy | Foreign PolicyWhy Do They Hate Us? -

Plaintiffs Fire Back in SAG-AFTRA Foreign Levies Lawsuit

THR, Esq. Entertainment & Media Law Blog

They file documents alleging that SAG-AFTRA wove an “extreme web” to steal performers’ money and warn darkly that the “court has not hesitated to incarcerate union officials” who don’t perform their duties properly or who commit misconduct. read more. Ed Asner The Business THR, Esq. SAG-AFTRA Labor Business

AFTRA 63

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

Broadcast Law Blog

The four television network affiliates groups have asked the FCC to clarify its new rules for sponsorship identification of programming paid for or produced by foreign governments or their representatives.

Two Hollywood Producers Can't Escape Foreign Bribery Penalty

THR, Esq. Entertainment & Media Law Blog

An appeals court won''t overturn the money that a judge ordered the organizers of the prestigious Bangkok International Film Festival to pay in restitution. read more. The Business International Movies THR, Esq. Business

Foreign Ownership of US Broadcast Stations Suddenly the Rage? – FCC Seeks Comments on Two Proposals for Alien Ownership to Exceed 25%, Including One for 100% Australian Ownership

Broadcast Law Blog

In the last two days, the FCC has asked for public comment on two proposals for foreign ownership of US broadcast stations where that ownership would exceed 25% of the company – a limit that has for decades been seen as the upper end of ownership by foreign nationals. With this background, does the release of these two requests for comment signal any movement from the FCC on foreign ownership issues?

FCC to Consider Allowing Increased Foreign Ownership of Broadcast Stations at Its November Meeting

Broadcast Law Blog

At its November 14 meeting, the FCC is tentatively scheduled to consider the relaxation of its limits on the ownership of broadcast stations by foreign entities or citizens. In the modern financial world, where companies are often owned by many diverse investors (or funds with widely diverse ownership), these rules can be very burdensome in assuring compliance and managing the potential investment in US broadcast operations by foreign sources of capital. .

Philippines Mass Media Law and Foreign Ownership Rules

Media Law Prof Blog

Diane Alferez Desierto, Yale Law School, has published "Restriction and Rhetoric: A Critique of the Constitutional Prohibition Against Foreign Ownership in Philippine Mass Media," forthcoming in the Journal of Applied Economy. The total prohibition against foreign

Judge: DGA Is Reporting on Foreign Levies as Required

THR, Esq. Entertainment & Media Law Blog

The court finds that the guild is complying with a settlement agreement, dismissing plaintiff counsel’s argument that more information should be required. read more. The Business SAG WGA DGA THR, Esq. SAG-AFTRA Labor Business

DGA 62

Vivendi 'Satisfied' With Court Decision to Dismiss Claims by Foreign Shareholders

THR, Esq. Entertainment & Media Law Blog

securities law against foreign companies. Eriq Gardner , George Szalai The case is part of a debate about whether investors can use U.S. courts to pursue legal claims under U.S. read more. THR, Esq. The Business Business Vivendi

FCC Sets Comment Dates on Proposal to Relax Restrictions on Foreign Ownership in Companies Holding US Broadcast Station Licenses – What Is the FCC Proposing?

Broadcast Law Blog

The FCC two years ago issued a Declaratory Ruling confirming that it would allow broadcasters to have foreign ownership (in a licensee’s parent company) of greater than 25%, overturning what was widely viewed as the Commission’s prior reluctance to approve that degree of foreign ownership of broadcast stations (see our article here for a summary of the FCC’s 2013 action). foreign propaganda on US airwaves).

BlackBerry’s Continuing Struggle with Foreign Governments

JetLawBlog

The news out of the United Arab Emirates and Saudi Arabia threatening to ban BlackBerry Messenger because of concerns that the countries cannot adequately monitor messages has been big news in the business and technology world over the last few weeks. Following on the heels of that announcement, India is currently in a standoff with Research in Motion (RIM), the maker of the BlackBerry.

RIM 49

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

In addition to these two items, the FCC also says that it will resolve the proposals to make the FCC’s foreign ownership rules for broadcasting more like those applicable to non-broadcast companies , easing some of the procedural restrictions that made it difficult for non-US investors to become owners of US broadcast stations. Finally, the FCC is poised to rule on its proposal to relax the restrictions on foreign ownership of broadcast stations.

Supreme Court Upholds Copyright Protection For Foreign Works

Current Trends

Supreme Court decision released this week in Golan v Holder maintained copyright protection for millions of works created by foreign authors. Before 1989, many foreign authors’ works became public domain for not fulfilling requirements in the U.S. copyright protection for works published by foreign authors primarily between 1923 and 1964. The U.S.

A Change in the FCC's Broadcast Foreign Ownership Rules In the Near Future?

Broadcast Law Blog

Two weeks ago, comments were filed in the Commission’s proceeding examining whether to adopt a more relaxed view of the foreign ownership provisions of the Communications Act (see our article about that proceeding here ). While the Communications Act limits foreign ownership in communications licensees to 20% (or 25% of a licensee holding company), the Act also allows the Commission to allow greater foreign ownership if it would not adversely affect the public interest.

Hollywood Foreign Press Suffers Setback in Publicist Lawsuit

THR, Esq. Entertainment & Media Law Blog

Alex Ben Block A judge has ruled that dual suits by former PR rep Michael Russell and the charity Stars for a Cause can go forward. read more. THR, Esq. THR, Esq. The Business Movies HFPA Golden Globes

FCC Allows More Than 25% Foreign Ownership of Broadcast Stations – Instructions for Investors are to Be Developed

Broadcast Law Blog

Last week, the FCC issued a declaratory ruling concluding that its long-standing policies on foreign ownership of broadcast stations were misunderstood – “clarifying” its policy to make clear that, if alien ownership exceeds 25% of the holding company of a licensee, it may in fact be permissible. Nevertheless, last week’s decision made clear that foreign ownership levels in broadcast holding companies beyond the 25% threshold were possible, but much else was left unclear in the decision.

Pandora Files First Petition for Declaratory Ruling Under FCC’s Liberalized Foreign Ownership Rules for Broadcast Stations

Broadcast Law Blog

In November, the FCC changed its policy regarding the foreign ownership of broadcast stations. In its decision, about which we wrote here , it agreed to entertain applications seeking “ alien ownership ” exceeding the 25% limit for foreign ownership of broadcast stations that had previously been in place. ASCAP did not assert that Pandora was, in fact, controlled by alien owners or even that there were foreign companies with substantial ownership interests in Pandora.

EMI Sued In Foreign Royalties Dispute With Monkees Songwriter

THR, Esq. Entertainment & Media Law Blog

The music publisher won a similar case against Duke Ellington''s family last year read more. Music THR Online THR, Esq. The Monkees Business

Google’s Charm Offensive Comes to Senate IP Subcommittee

Music Technology Policy

As the sole connection to a foreign government whose practices are evidently intended to inform the Subcommittee, Ms. News from the Goolag pirate punter Uncategorized Copyright Law in Foreign Jurisdictions: How are other countries handling digital piracy