DOJ Makes Comments Public on Potential Modifications of ASCAP and BMI Consent Decrees – Almost 900 Comments Filed!

By |2019-09-13T11:05:27-05:00September 13th, 2019|Legal News|

The Department of Justice’s Antitrust Division is, as we reported here and here, conducting a review of the consent decrees which govern ASCAP and BMI. Comments were filed in August, and those comments have now been posted to the Division’s website and are available for review here (they are organized alphabetically in groups of 100... Continue Reading…

New Concerns About Ads for E-Cigs and CBD

By |2019-09-12T10:10:33-05:00September 12th, 2019|Legal News|

We’ve written many times about the legal concerns about advertising for various vices – including e-cigs (see, for instance, our article here) and CBD (see for instance our articles here and here). The issues with these products never seem to go away, and in recent days, they have become even more pronounced. On e-cigs and... Continue Reading…

How Far Does the FCC Authority Over False EAS Alerts Go? Could Online Programming be Subject to its Reach?

By |2019-09-11T10:55:51-05:00September 11th, 2019|Legal News|

On the anniversary of the events of September 11, 2001, we should all be thankful for the work of the nation’s first responders. Broadcasters and other members of the electronic communications industries play a part in the response to any emergency – including through their participation in the Emergency Alert System (EAS). In recent weeks,... Continue Reading…

Now Available: Political Broadcasting 2019: A Refresher Course Webinar

By |2019-09-10T11:01:46-05:00September 10th, 2019|Legal News|

With Federal, state, and local elections on the horizon (to say nothing of FCC license renewals), it’s a good time to brush up on the FCC’s political broadcasting rules. This webinar, presented in collaboration with the Colorado Broadcasters Association, and led by Fletcher, Heald & Hildreth attorneys Dan Kirkpatrick and Frank Montero, and featuring special...… Continue Reading

Proposed $272,000 FCC Fine Against CBS for False EAS Alert Tone Raises Intriguing First Amendment Debate

By |2019-09-09T22:12:01-05:00September 9th, 2019|Legal News|

Earlier today, the FCC released a Notice of Apparent Liability for Forfeiture against CBS for false EAS alerting, which is FCC-speak for “CBS, tell us why we shouldn’t fine you $272,000 for airing a fake EAS alert tone.”  We’ve written on a number of occasions about FCC fines for airing false EAS alert tones (see, […]

FCC Issues Reminder of September 23 Deadline for ETRS Form Three Reporting on Nationwide EAS Test Results

By |2019-09-09T11:15:52-05:00September 9th, 2019|Legal News|

Last week, the FCC issued Public Notice reminding all broadcasters and other EAS participants of the obligation to file their ETRS Form Three report by September 23. That form provides details about a station’s participation in the August 7 Nationwide EAS Test (see our article here about the test and the required ETRS filings) –... Continue Reading…

Effective Date of New Rules for Email Notices of Retransmission Consent/Must Carry Elections October 29, 2019

By |2019-09-09T11:14:03-05:00September 9th, 2019|Legal News|

Just before Labor Day, the FCC published in the Federal Register the new rules regarding notice of Must Carry and Retransmission Consent elections. Those rules, as we summarized in more detail here, provide that, before the next election cycle deadline on October 1, 2020, TV stations need to provide notice in their online public files... Continue Reading…

With Regulatory Fees Due by September 24, FCC Releases Fact Sheets for Broadcasters’ Fee Filings

By |2019-09-06T10:33:59-05:00September 6th, 2019|Legal News|

The FCC yesterday released several fact sheets detailing how the regulatory fees due to be paid by September 24 of this year should be paid.  For broadcasters, perhaps the most important is the Media Bureau Regulatory Fees Fact Sheet.  This sheet sets out specific information about how to determine the amount of the fees to... Continue Reading…

FCC Reaches Two Consent Decrees Imposing Substantial Fines on TV Stations for Violations of the Children’s Television Rules in the Last Renewal Cycle

By |2019-09-06T10:31:07-05:00September 6th, 2019|Legal News|

The FCC’s recent action reforming many of the rules governing the broadcast of TV programming serving the educational and informational needs of children will go into effect on September 16 (see our articles here and here). Yet, at the same time as it was announcing the process by which these rules will be implemented (see... Continue Reading…

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