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July 2006
On July 24, 2006, the FCC released the text of the Further Notice of Proposed Rule Making (“FNPRM”) in the broadcast ownership proceeding that was adopted at the FCC’s June 21, 2006 agenda meeting. The FNPRM encompasses a number of docketed rule makings – a 2006 quadrennial regulatory review, the 2002 biennial regulatory review, cross-ownership of broadcast stations and newspapers, and rules and policies concerning local ownership of television stations and radio stations in the same market including the definition of radio markets. Basically, the FNPRM seeks comment on how the Commission should address the issues raised by the opinion of the U.S. Court of Appeals for the Third Circuit in Prometheus Radio Project v. FCC, 373 F.3d 372, 382 (3d Cir. 2004), cert. denied, 125 S. Ct. 2902 (2005) (“Prometheus”); whether the media ownership rules are “necessary in the public interest as the result of competition;” and whether they should be changed in any way. Comments in the proceeding are due by September 22, 2006 and reply comments by November 21, 2006.

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July 2006
The FCC’s new “junk fax” rules, which were adopted on April 6, 2006 pursuant to the Junk Fax Prevention Act of 2005 (“Fax Act”), will take effect on August 1, 2006.

The Commission’s junk fax rules generally prohibit for-profit, as well as non-profit, entities from sending facsimile “advertisements” — broadly construed — to recipients that have not given their “prior express invitation or permission.” Notwithstanding this general prohibition, the new rules provide that where the sender of a facsimile advertisement maintains an “established business relationship” (“EBR”) with the intended recipient, the advertisement will not be deemed “unsolicited.” The new rules also confirm that other forms of “prior express invitation or permission” will render the general prohibition inapplicable. To the extent that a sender transmits facsimile advertisements on a regular or even occasional basis, it should be aware of the requirements of the new rules.

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July 2006
The Commission recently rescinded the license grants and cancelled the underlying construction permits of two low power television stations in California. The FCC discovered that the licensee of the two stations falsely certified in its license application that “all terms, conditions, and obligations” set forth in the underlying construction permit had been met.

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July 2006
This advisory is directed to television stations with locally-produced programming whose signals were carried by at least one cable system located outside the station’s DMA or by a satellite provider which provided service to at least one viewer outside the station’s DMA. You are eligible to file royalty claims for compensation with the United States Copyright Office in Washington, DC. These filings are due by July 31, 2006.

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By Kathryn R. Schmeltzer, Lauren Lynch Flick and Paul A. Cicelski

July 2006
This Broadcast Station EEO Advisory is directed to radio and television stations licensed to communities in California, Illinois, North Carolina, South Carolina, and Wisconsin and highlights the upcoming deadlines for compliance with the FCC’s EEO rule.

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