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November 2008
All commercial and noncommercial educational digital television broadcast station licensees and permittees must file FCC Form 317 to report whether their stations provided ancillary or supplemental services at any time during the twelve-month period ending on the preceding September 30. The FCC Form 317 is due by December 1, 2008. Electronic filing of FCC Form 317 is mandatory. Paper versions will not be accepted for filing unless accompanied by an appropriate request for waiver.

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Posted in: Television
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10/1/2008
On September 30, the U.S. Senate approved the Webcaster Settlement Act of 2008, a bill giving SoundExchange and webcasters authority to finalize an agreement on performance royalty rates. The bill amends section 114 of the Copyright Act to give SoundExchange until February 15, 2009, to reach a deal over the statutory royalties owed by Internet radio stations, and other non-interactive online music services, to performers and sound recording copyright owners (generally record labels) when their music is performed publicly by means of a digital transmission. The legislation, which was passed by the House of Representatives on September 27, is expected to be signed into law by President Bush.

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10/1/2008
On November 20, 2002, the FCC released a Second Report and Order and Third Notice of Proposed Rulemaking (the “Second R&O”) in which it adopted new equal employment opportunity rules and policies for broadcasters and for multi-channel video programming distributors (the “EEO Rule”). A complete copy of this EEO Rule as it relates to broadcasters is attached hereto as Attachment A.

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September 2008
The FCC released a Declaratory Order on Friday, September 26, 2008, making it clear that the television station cable carriage elections that must be made by October 1, 2008 will determine a station’s carriage rights throughout the entire 2009-2011 carriage election cycle.

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9/24/2008
On Tuesday, September 23, 2008, the Recording Industry Association of America (RIAA), the Digital Media Association (DiMA), the National Music Publishers’ Association (NMPA) and several songwriters’ associations announced the details of a landmark deal on mechanical royalties for interactive music streaming and limited music downloads.

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Posted in: Internet & Online and Radio
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September 2008
The next FCC Form 388 DTV Quarterly Activity Station Report must be filed via CDBS and placed in full-power television stations’ local public inspection files by October 10, 2008, reflecting information for the months of July, August, and September.

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Posted in: Television
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September 2008
The next Children’s Television Programming Report must be filed with the FCC and placed in stations’ local Public Inspection Files by October 10, 2008, reflecting programming aired during the months of July, August and September.

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September 2008
Commercial and noncommercial Radio stations licensed to communities in Iowa and Missouri must file their Biennial Ownership Reports with the FCC by October 1, 2008. Commercial and noncommercial Television stations licensed to communities in the States of Alaska, Florida, Hawaii, Oregon and Washington and in the Territories of American Samoa, Guam, Northern Mariana Islands, Puerto Rico and the U.S. Virgin Islands must also file their Biennial Ownership Reports by the same deadline.

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September 2008
This Broadcast Station EEO Advisory is directed to radio and television stations licensed to communities in: Alaska, Florida, Hawaii, Iowa, Missouri, Oregon, Washington, as well as American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands, and highlights the upcoming deadlines for compliance with the FCC’s EEO Rule.

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September 2008
The next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ local public inspection files by October 10, 2008, reflecting information for the months of July, August and September. The FCC’s action adopting the new program report Form 355, which is intended to replace the Quarterly Issues/Programs Lists for full-power and Class A television stations, will not have any effect on this third quarter public file requirement.

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