At its July 2019 Open Meeting this week, the FCC voted to make several changes to its Children’s Television Programming rules. It released its final Order adopting the changes this afternoon. Although characterized by Commissioner O’Rielly as “modest” changes, the revised rules are likely to alter television broadcasters’ compliance efforts in several significant respects, including […]
In a very important proceeding we summarized here, the Department of Justice’s Antitrust Division is reviewing the antitrust consent decrees that govern ASCAP and BMI – the decrees that require that these performing rights organizations treat similarly situated licensees (and artists) in the same way and which allow a Court to review the reasonableness of...… Continue Reading
The FCC earlier last week posted on its Blog an article from the Chief of its Public Safety and Homeland Security Bureau about state EAS plans, stressing how important these plans are to making sure that any emergency message conveyed through an EAS alert is properly transmitted to all who are supposed to receive it,...… Continue Reading
On June 7, 2019, the Federal Communications Commission (“FCC” or the “Commission”) released a Report and Order (“R&O”) revising the Commission’s rules under which independent programmers may lease cable TV channels to retransmit their programming (“Leased Access Rules”). Leased Access has rarely been used, due to concerns by both cable operators and programmers, and the...… Continue Reading
Capitol Hill We continue to expect that House Democrats will pass their “Leading Infrastructure for Tomorrow’s America Act” (LIFT America Act) infrastructure proposal, however, any deal with President Trump on infrastructure remains on hold. The House bill includes $45 billion in broadband funding – $30 billion in reverse auction funds to be administered by the...… Continue Reading
We have written several articles (see our articles here and here) about the regulation of CBD and the risks inherent in the broadcast of advertisements for these products. CBD is in a legal limbo, as the Farm Act of 2018 took hemp products with less than .3% THC off the list of prohibited drugs on...… Continue Reading
Let’s get this out of the way: this blog post is going to include an unseemly, in my mind, profane, even obscene, term. I’m just going to put it out there up front, even though I think it’s one of the worst things you can say. And no, the First Amendment doesn’t protect it. It’s...… Continue Reading
I was one of many who traveled (in my case, on foot) to the United States Supreme Court on April 22, 2019 to watch oral arguments in the case of Food Marketing Institute, Inc. v. Argus Leader. I was there because two of my clients joined an amicus brief in support of the newspaper’s fight...… Continue Reading
When the FCC initiated its most recent EEO audits, we mentioned that the Commission was planning a rulemaking to review the effectiveness of its EEO rules for broadcasting and multi-channel video operators. The FCC’s Notice of Proposed Rulemaking seeking to review these rules has now been released. This review was prompted by complaints raised in...… Continue Reading