ESPN Argues No Obligation to Tennis Analyst After Racial Controversy

THR, Esq. Entertainment & Media Law Blog

Tennis analyst Doug Adler is suing ESPN for wrongful termination after he said something during a Venus Williams match that some perceived to be a racial slur. read more. THR, Esq. Business Television Business THR Online

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Entertainment Law Asked & Answered – Does an Actor’s Agent have an Obligation to Tell the Actor about all Job Offers?

Gordon P. Firemark

In this Asked & Answered video, I answer a common question if an actor’s agent have an obligation to tell the actor about all job offers. Does an actor’s agent have an obligation to tell the actor about all job offers?

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Roger Ailes Claims Gretchen Carlson Evading Contract, Confidentiality Obligations

THR, Esq. Entertainment & Media Law Blog

The former anchor ignored an arbitration provision in her multi-million dollar contract in order to "tar" Ailes' reputation, the CEO claims. read more. THR, Esq. Television Television THR Online

October Regulatory Dates for Broadcasters – Quarterly Issues Programs and Children’s Television Reports, EEO Obligations, Repacking Reports and More

Broadcast Law Blog

The beginning of a calendar quarter always brings numerous regulatory obligations, and October is one of those months with a particularly full set of obligations. TV stations have the additional quarterly obligation of filing with the FCC by October 10 their Quarterly Children’s Television Reports, Form 398. EEO obligations also arise for stations in a number of states. We wrote about that obligation here.

Asked & Answered: What obligations when author is dead and publisher can’t be found?

Gordon P. Firemark

Q: If there is a book or books where the author/s are no longer alive or exists and the publisher no longer holds a copyright/patent and/or is defunct — what are my legal or ethical obligations regarding any living relatives (if any) to the original author/s…?

5 Questions on the Meaning of the FCC’s Recent Ruling on Online Recruiting – How Does it Change a Broadcaster’s EEO Obligations?

Broadcast Law Blog

The recent FCC decision stated that a broadcaster can now rely solely on online sources to meet the wide dissemination obligation. This decision does not end all other EEO obligations imposed by the FCC rules. The Indiana Broadcasters Association recently asked me 5 questions about that new decision to highlight some of the other obligations that still arise under the FCC’s EEO rules. Some have suggested that the remaining FCC EEO outreach obligations are no longer necessary.

FCC Reminder to Video Programming Distributors – Including Broadcasters – on Accessibility Obligations

Broadcast Law Blog

The public notice serves as a good refresher on all of the obligations of video programmers designed to make emergency information available to members of the viewing audience who may have auditory or visual impairments that may make this information harder to receive. What are these obligations? See our articles here , here and here about this obligation. See our post here on this obligation.

Reminder: A Broadcaster’s FCC EEO Obligations

Broadcast Law Blog

With the Martin Luther King Day holiday just passed, it seems appropriate to review the FCC’s EEO rules , which look to promote broad access to broadcast employment opportunities.

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

Broadcast Law Blog

In the past few months, I have been a part of a number of seminars on these rules (see, for instance, this article for the slides outlining a broadcaster’s obligations from one such presentation). 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).

FCC Releases Order on Online Public Inspection File – Answering Questions about Compliance with Radio’s New Obligations

Broadcast Law Blog

Our initial article about the decision was based on the FCC’s press release on the decision and comments made at the FCC meeting at which the obligation was adopted. The FCC has now released the full-text of the decision (available here) and that order contains many new nuggets of information about the new obligations about which stations need to be aware. Note that only commercial stations have an obligation to maintain these letters as part of their public file.

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

For cable systems, the FCC proposed to eliminate the obligation to include in their file documents disclosing the location of their headend. Most of the broadcaster focus has been on the proposal to delete the obligation that commercial broadcasters keep a correspondence folder in their public inspection file for letters and emails from the public commenting on the operation of the station (the requirement has never applied to noncommercial broadcasters).

Federal Omnibus Spending Bill Includes CLOUD Act – Outlines Obligations of Providers to Turn over Electronic Communications Stored Overseas and Procedures to Quash for Comity Purposes

New Media and Technology Law

In some cases, a provider that is storing the data of a foreign subject on servers overseas may be under conflicting legal obligations (e.g., In the flurry of deal-making that resulted in a 2,232-page funding bill released Wednesday, lawmakers negotiated the inclusion of “The Clarifying Lawful Overseas Use of Data Act” (often referred to as the “CLOUD Act”) (see page 2,201 of the bill text).

FCC Reminds Small Market TV That Political File Goes Online As of July 1, No FCC Review of the Obligations Seems Imminent

Broadcast Law Blog

Later this year, that obligation is extended to all TV stations. This public notice is interesting in that it reminds broadcasters of their obligations, without taking into account the inquiry begun by the Commission last June. General FCC Political Broadcasting Public Interest Obligations/Localism Television online political file online public inspection file

December Regulatory Dates for Broadcasters – Ownership and EEO Reports, Retransmission Consent and Foreign Ownership Rulemaking Comments, Incentive Auction and Accessibility Obligations

Broadcast Law Blog

Hopefully, most broadcasters have already completed this filing obligation, as FCC electronic filing systems have been known to slow as a major deadline like this comes closer. See our article here on Mid Term EEO report obligations. For details on this obligation, see our article here. For details of the filing obligation and the webinar, see our article here. That obligation took effect at the end of November. See our summary of those obligations here.

August Regulatory Dates for Broadcasters – New Fees, EAS Registration Requirement, EEO Obligations and More

Broadcast Law Blog

As we enter the last full month of summer, when many are already looking forward to the return to the more normal routines of autumn, regulatory obligations for broadcasters don’t end. Even if you are trying to squeeze in that last-minute vacation before school begins or other Fall commitments arise, there are filing deadlines this month, as well as comment deadline in an FCC proceeding dealing with broadcasters’ public inspection file obligations.

TV Public Interest Obligations and Online Public Inspection File on Agenda for Next FCC Meeting

Broadcast Law Blog

Similar obligations were also proposed for radio but never adopted. And, as any TV rules may well shape future obligations for radio operators, all broadcasters need to be paying attention to the decisions reached and the suggestions made in the Further Notice of Proposed Rulemaking. Form 355 License Renewal Programming Regulations Public Interest Obligations/Localism enhanced disclosure online public file public interest obligations public service obligations

FCC Seeks Comments on Expanding Online Public File Obligations to Radio and to Cable and Satellite Television Operators

Broadcast Law Blog

The FCC has asked for public comment on whether it should extend the online public inspection file obligation to radio , and also whether it should adopt an online public file obligation for cable television and satellite television operators. The FCC now asks for comments on whether that day has come, and radio broadcasters should be subject to the same obligations.

July Regulatory Dates for Broadcasters – New Captioning Obligations, Online Political File for Small TV Stations, Issues Programs List and Children’s Television Reports, and More

Broadcast Law Blog

July brings a number of new regulatory dates for broadcasters – including the effective dates of two new compliance obligations for small market TV stations, as well as numerous routine regulatory filing dates. And there are other new obligations for smaller TV stations that are effective this month. For smaller TV stations, July brings the requirement that they comply with obligations that have already been in place for larger stations.

June Regulatory Dates for Broadcasters – EEO Public File Reports and Form 397, CALM Act Compliance Obligations, Incentive Auction Actions, Comments on Reg Fees and LPFM Rules, and More

Broadcast Law Blog

June brings some standard obligations for broadcasters in a number of states with anniversaries of their license renewal filing, plus the return of an obligation that we have not seen in 4 years- the obligations of radio stations in certain states to file an FCC Form 397 Mid-Term EEO Report. First, let’s look at the standard recurring obligations. TV Stations also have CALM Act obligations that go into effect on June 4.

SoundExchange Fees Don't Cover SESAC Obligations

Broadcast Law Blog

More than one broadcaster has asked me why they have any obligation to SESAC when they are already paying SoundExchange for the music that they stream. In fact, SoundExchange and SESAC are paid for different rights, and thus the payments to SoundExchange have no impact on the obligations that are owed to SESAC.

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

Broadcast Law Blog

With Lowest Unit Charge windows either open or to open this month in Iowa and New Hampshire, and windows opening in South Carolina and Nevada in the first week in January, stations need to be paying attention to their political obligations. Even though political windows are not yet open in other states, stations in these other states nevertheless need to pay attention to their political obligations.

FCC Requires that TV JSAs be Filed By November 28, and Releases Guide to Filing Obligations

Broadcast Law Blog

Nevertheless, the filing requirement has now passed review by the Office of Management and Budget under the Paperwork Reduction Act, and the FCC this week announced that the obligation to submit existing JSAs to the Commission (and to either make them available in each station’s public file or include them in the list of contracts in the file that can be provided upon request) will be effective November 28. Licensees should be aware of those obligations.

FCC Seeks Comments on Online Political File for TV Stations - Should Obligations Be Changed or Expanded?

Broadcast Law Blog

General FCC On Line Media Political Broadcasting Programming Regulations Public Interest Obligations/Localism Website Issues online political file online public inspection file political disclosure sponsorship of political ads It has been almost a year since the FCC adopted rules for an online public inspection file for television stations.

FCC Clarifies Public File Obligations for Identifying Issues and Sponsors for Political Ads – Admonishes Numerous TV Stations for Violations

Broadcast Law Blog

In cases where a station initially is given the name of a single official of a sponsoring entity, or where the station otherwise has a reasonable basis for believing that the information initially provided is incomplete or inaccurate, the station is obligated to inquire whether there are any other officers or members of the executive committee or of the board of directors of such entity.

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

Broadcast Law Blog

While none of these articles or presentations can be comprehensive, these slides and the TV NewsCheck update, at least give you a quick overview of the many issues that broadcasters should be watching to stay on top of their legal obligations. Each quarter, my partner David O’Connor and I update a list of the legal and regulatory issues facing TV broadcasters. That list of issues is published by TVNewsCheck and is available on their website, here.

Formal Proceedings to Begin to Revise Rules for Broadcasters’ On-Air Contests and Expand the Online Public File Obligations to Radio, Cable and Satellite

Broadcast Law Blog

So it would seem likely that most radio companies will not be looking at implementing these obligations until the latter part of next year. Cable and satellite also have political advertising obligations very similar to TV stations (though the reasonable access rules for Federal candidates do not apply to cable operators).

FCC Grants Certain TV Stations Limited Waiver from Online Public File Obligations for Documents from Prior Renewal Terms

Broadcast Law Blog

This decision does not relieve stations from all obligations to post materials from prior renewal terms, as described below. The waiver does not relieve stations from the obligation to post these or other documents back to the last granted renewal. Advertising Issues License Renewal On Line Media Programming Regulations Public Interest Obligations/Localism Television license renewal processing delay online public inspection file quarterly issues programs lists

Mandatory Captioning of IP Delivered Clips of TV Programs? The FCC Seeks Information About Extending Internet Video Captioning Obligations

Broadcast Law Blog

Closed captioning of video programming repurposed to the Internet has been an obligation of television stations for over a year. In a Public Notice released this week, the FCC asked whether the obligation to caption television programming transmitted through IP technologies should be extended to clips of such programming as well. Thus, the Commission is asking if this is the time to look at an extension of the obligations.

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Remember Children’s Television Compliance Obligations – The FCC Does Not Forget

Broadcast Law Blog

With the obligation of television stations to file the quarterly Children’s Television Reports on FCC Form 398 by Monday (as the usual January 10 date is on a weekend) and the simultaneous requirement to place into their online public file documentation of compliance with the commercial limits in Children’s programming , it is worth reminding stations of the seriousness with which the FCC continues to view its children’s television rules.

FCC Adopts New Obligations to Caption Online Video Clips of TV Programs

Broadcast Law Blog

While the full text of the FCC’s decision has not yet been released, from the discussion at the FCC meeting and from its Public Notice about the rules, the outlines of the newly imposed obligations seem fairly clear. Also, there are some limitations on the obligations for posting of video clips that do not apply to the captioning obligations for full-length programs.

Changes in FCC Rules on Third-Party Fundraising By Noncommercial Stations Effective Now – Except for the New Disclosure and Paperwork Obligations

Broadcast Law Blog

While the obligation to include this information in the public file is not yet effective, it is likely that at some point this requirement will be approved, so stations ready to take advantage of the new fundraising flexibility should retain this information.

Virginia Court Dismisses Webcaster’s Suit Concerning Geofencing Workaround to Copyright Royalty Obligations

New Media and Technology Law

We previously wrote about a Virginia federal magistrate judge’s report recommending dismissal of a declaratory judgment action brought by several radio stations asking the court to rule that webcasts limited in scope via geofencing technology to 150 miles from the site of the transmitter should be exempt from liability for copyright royalties under section 114 of the Copyright Act.

Using Text Messages in Promotions and Contests? – $8,500,000 Settlement Provides Reminder to Make Sure You are Aware of TCPA Obligations

Broadcast Law Blog

While much of this attention seems to suggest that this is a new obligation, we wrote about this issue last year , warning broadcasters of the potential for big liability if they did not pay attention to the requirements of the rules. In the last few days, the trade press has been full of stories about a settlement of a lawsuit brought against a large broadcaster for alleged violations of the Telephone Consumer Protection Act (“TCPA”). Given that the settlement was for $8.5

October Regulatory Dates for Broadcasters – Quarterly Issues Programs Lists and Children’s Television Reports, EEO Obligations, Noncommercial Biennial Ownership Reports, and Incentive Auction Comment Deadlines

Broadcast Law Blog

All broadcasters, commercial and noncommercial, have an obligation to complete their Quarterly Issues Programs lists and place them into their public inspection filed by October 10. For TV stations, the 10 th also brings the obligation to submit Quarterly Children’s Television Reports on Form 398 to the FCC (as the 10 th falls on a Federal holiday, you may be able to file on the 11 th , but consult your legal advisor for details on that deadline).

FCC Issues Reminder on Form 397 EEO Mid-Term Reports – Filing Obligations Begin on June 1 for Radio Stations in DC, Maryland, Virginia and West Virginia

Broadcast Law Blog

The FCC yesterday issued a reminder to stations about this obligation. The Public Notice does address two situations that arise in a limited number of cases – specifically (1) how do employment groups that reach across state lines into states with different EEO deadlines handle these filings, and (2) what about groups that include both radio and TV stations, which even in the same state have filing obligations that are one year apart.

FCC Proposes Revised Rules for Online Public File - Including Political File - and Discusses the Public Interest Obligations of TV Stations

Broadcast Law Blog

But these requirements are not gone, as the Commission has adopted a Further Notice of Proposed Rulemaking asking to reinstate an obligation for an online public file, and a Notice of Inquiry is apparently circulating at the FCC that would propose a substitute for the Form 355. Form 355 Programming Regulations Public Interest Obligations/Localism Television online public file political file public interest service of broadcasters shared services agreement sponsorship identification

NAB Requests Extension of May Obligation for TV Stations to Convert Emergency Information from Text to Speech

Broadcast Law Blog

The FCC two years ago adopted a rule requiring that television stations that provide emergency information visually (e.g. through open captions or crawls), outside of news programming, convert that emergency information into audio and run that audio on SAP channels (secondary audio programming channels – usually used for Spanish language translations of English-language programs). That rule required that TV stations be ready to do that conversion by May 26.

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April FCC Obligations for Broadcasters - Renewals, EEO, Quarterly Issues Programs Lists, Captioning of Live or Near-Live Online Programming, FM Translator Filings, an FM Auction and Comments on Alien Ownership

Broadcast Law Blog

April is one of those months in which many FCC obligations are triggered for broadcasters. There are the normal obligations, like the Quarterly Issues Programs lists , that need to be in the public file of all broadcast stations, radio and TV, commercial and noncommercial, by April 10. And there are renewal obligations for stations in many states, as well as EEO Public File Reports that are due to be placed in station's public files and on their websites.

A Presentation on the Obligations of Small Market TV Broadcasters to Begin To Upload Their Political Files into Their Online Public File as of July 1

Broadcast Law Blog

David O’Connor of my firm and I conducted a webinar for television broadcasters from 7 states last week, where we discussed this new obligation for smaller TV stations, and talked about what documents are supposed to go into the political file. As we wrote in April , the FCC has already reminded broadcasters of this new obligation as of July 1, and there does not appear to be any potential that the obligation will be changed between now and the July 1 effective date.

FCC Deadlines in January - Quarterly Issues Programs Lists, Children's Program Reports, Comments on TV Online Public File and Public Interest Obligation Proposals, FM Window and More

Broadcast Law Blog

See our advisory on the Quarterly Issues Programs Lists, here , and also our advisory on Children's Television obligations , including Form 398, that needs to be filed at the FCC by January 10, along with a public file report documenting compliance with the limitations on commercial advertising in children's programming.