Legal News

September Regulatory Dates for Broadcasters – Annual Regulatory Fees; Nationwide EAS Test; Comment Dates on FM Translator Interference, Audio Competition, Children’s Television Requirements, and Reimbursement for LPTV and FM Repacking Costs; and More

By David Oxenford|2018-08-27T09:04:21-05:00August 27th, 2018|Legal News|

While September is one of those months with neither EEO reports nor Quarterly Issues Programs or Children’s Television Reports, that does not mean that there are no regulatory matters of importance to broadcasters. Quite the contrary – as there are many deadlines to which broadcasters should be paying attention. The one regulatory obligation that in...… Continue Reading

Comments Due September 26 on FCC Proposals for LPTV, TV Translator and FM Reimbursement of Costs Incurred By Incentive Auction Repacking – What Are the Issues to be Addressed?

By David Oxenford|2018-08-26T10:26:29-05:00August 26th, 2018|Legal News|

In Monday’s Federal Register, publication is scheduled for the FCC’s Notice of Proposed Rulemaking on reimbursing LPTV stations, TV translators and FM radio stations (both full-power and FM translator stations) for costs they incur because of the TV incentive auction and the resulting repacking of the TV spectrum. The publication in the Federal Register means...… Continue Reading

More Podcast Legal Issues – Getting Releases From Interview Subjects

By David Oxenford|2018-08-24T10:26:13-05:00August 24th, 2018|Legal News|

In recent weeks, I’ve written about my presentation at the Podcast Movement Convention on legal issues for broadcasters who are thinking about podcasting, and followed up with an article warning any company with employees or contractors creating podcasts or other digital media projects to be sure to clarify who owns the content that is created....… Continue Reading

Comments Due September 24 on Audio Competition Report – Setting the Stage for Radio Ownership Reform?

By David Oxenford|2018-08-23T11:17:06-05:00August 23rd, 2018|Legal News|

The state of the audio industry will no doubt be a crucial consideration in the next Quadrennial Review of the FCC’s ownership rules, expected to start late this year or early next. But, before that Review begins, the FCC has been tasked by Congress to write a report on the state of competition in the...… Continue Reading

Copyright Enters the Twilight Zone: (A Series of Controversial Decisions May Not Be All that They Seem: Part One)

By Kevin Goldberg|2018-08-23T09:00:29-05:00August 23rd, 2018|Legal News|

[Editor’s Note: This is the first of a two-part episode on three copyright decisions issued by federal courts in 2018 that relate to the use of photos in news reporting; the second part will be posted next week.] Picture for a moment a man. Not an ordinary man by any stretch. This man is Tom...… Continue Reading

FCC Postpones DIRS Exercise to Sept. 13 Due to Hurricane Lane

By FHH Law|2018-08-22T10:43:33-05:00August 22nd, 2018|Legal News|

As we reported yesterday, the FCC was set to conduct a voluntary DIRS exercise Aug. 23 – Aug. 24. However, due to the possible activation of the DIRS for Hurricane Lane set to hit Hawaii this week, the FCC has postponed the DIRS exercise until Sept. 13. The FCC will send out additional information in...… Continue Reading

FCC Proposes Rules for Distributing Repack Funds to LPTV, TV Translator, and FM Stations; Part II: FM Stations

By Dan Kirkpatrick|2018-08-22T08:18:41-05:00August 22nd, 2018|Legal News|

(Editor’s Note: If you’re looking for information on LPTV and TV Translators review Part One here.) Back in March 2018, Congress passed the Reimbursement Expansion Act (REA), which allocated additional funds to be used to reimburse broadcasters involuntarily affected by the post-incentive auction repacking of television stations. In addition to providing additional money for full-power...… Continue Reading

DIRS Exercise Happening This Week (Aug. 23-24)

By FHH Law|2018-08-21T15:54:12-05:00August 21st, 2018|Legal News|

On Aug. 15 many broadcast stations received an e-mail from the FCC regarding a Disaster Information Reporting System (DIRS) exercise scheduled for later this week: Aug. 23-24. The DIRS keeps track of the status of both broadcast and non-broadcast communications facilities during natural disasters, including whether a facility is operating, the availability of electric power,...… Continue Reading

Court of Appeals Finds That Digital Remasters of Pre-1972 Sound Recordings Likely Do Not Result in New Copyrighted Work That Would Bring These Songs under Federal Law – Reversing District Court Decision

By David Oxenford|2018-08-21T11:18:07-05:00August 21st, 2018|Legal News|

Two years ago, a District Court Judge, in a case brought against a broadcaster alleging that the broadcaster owed money under California state law for playing pre-1972 sound recordings, dismissed the suit finding that the broadcaster was playing digitized versions of those songs, created after 1972, which were covered under Federal copyright law (we wrote...… Continue Reading