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3/24/2009
This Advisory is intended specifically to help guide individuals and companies, that wish to distribute recorded music over the Internet for pleasure or profit, through the maze of licenses and royalties required for such “webcasting” activities. It discusses the recent settlement agreements entered into between SoundExchange and the Corporation for Public Broadcasting (“CPB”) and the National Association of Broadcasters (“NAB”). For certain commercial radio stations considering whether to take advantage of the NAB/SoundExchange settlement, April 2, 2009 is a critical “opt-in” deadline.

Music licensing has always been a complex and controversial subject. The rise of the Internet has served to take this complexity and controversy to a whole new level. The last several years have seen a multitude of developments in online music, both in the types and successes of music-related websites and in the laws and regulations governing music copyrights.

A PDF version of this entire article can be found at Licensing and Royalty Requirements for Webcasters: Details and Deadlines.

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March 2009
The next Children’s Television Programming Report must be electronically filed with the FCC and placed in stations’ local Public Inspection Files by April 10, 2009, reflecting programming aired during the months of January, February and March 2009.

Statutory and Regulatory Requirements

As a result of the Children’s Television Act of 1990 and the FCC Rules adopted under the Act, full power and Class A television stations are required, among other things, to: (1) limit the amount of commercial matter aired during programs originally produced and broadcast for an audience of children 12 years of age and younger; and (2) air programming responsive to the educational and informational needs of children 16 years of age and younger. Each of these requirements translates into the obligation to prepare supporting documents on a quarterly basis.

A PDF version of this entire article can be found at 2009 First Quarter Children’s Television Programming Documentation Advisory

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March 2009
The next FCC Form 388 DTV Quarterly Activity Station Report must be electronically filed via CDBS and placed in stations’ local public inspection files by April 10, 2009, reflecting information for the months of January, February, and March 2009.
As we have previously advised, on March 3, 2008, the FCC released a Report and Order outlining new requirements for the education of consumers regarding the February 17, 2009, transition to digital television service. As a result of this Public Notice, stations were required to ensure that they elected one of the compliance “Options” contained in the Report and Order and began airing DTV consumer education announcements pursuant to their chosen “Option” no later than Monday, March 31, 2008.

A PDF version of this entire article can be found at 2009 First Quarter FCC Form 388 DTV Quarterly Activity Station Report Advisory for Broadcast Stations.

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March 2009
The next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ local public inspection files by April 10, 2009, reflecting information for the months of January, February, and March 2009. 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, is not yet effective and thus will not have any effect on this first quarter public file requirement.

Content of the Quarterly List

The FCC requires each broadcast station to air a reasonable amount of programming responsive to signifi­cant community needs, issues, and problems as determined by the station. The FCC gives each station the discretion to determine which issues facing the community served by the station are the most signifi­cant and how best to respond to them in the station’s overall programming.

A PDF version of this entire article can be found at 2009 First Quarter Issues/Programs List Advisory for Broadcast Stations .

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March 2009
This Broadcast Station EEO Advisory is directed to radio and television stations licensed to communities in: Delaware, Indiana, Kentucky, Pennsylvania, Tennessee and Texas, and highlights the upcoming deadlines for compliance with the FCC’s EEO Rule.

April 1, 2009 is the deadline for stations licensed to communities in the States/Territories referenced above to place their Annual EEO Public File Report in the public inspection file and post the report on the station’s website, if applicable.

Under the FCC’s rule that became effective as of March 10, 2003, all radio and television station employment units (“SEUs”), regardless of staff size, must afford equal employment opportunity to all qualified persons and practice nondiscrimination in employment.

A PDF version of this entire article can be found at Broadcast Station EEO Advisory.

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March 2009
Commercial and noncommercial Radio stations licensed to communities in Texas must electronically file their Biennial Ownership Reports with the FCC by April 1, 2009. Commercial and noncommercial Television stations licensed to communities in the States of Delaware, Indiana, Kentucky, Pennsylvania, and Tennessee must also electronically file their Biennial Ownership Reports by the same deadline.
As radio and television stations in the same State/Territory file their renewals one year apart, broadcast stations in the above-referenced states which are not subject to the April 1, 2009, deadline will be required to file their Biennial Ownership Reports by April 1, 2010.

A PDF version of this entire article can be found at Biennial Ownership Reports Due By April 1, 2009, for Certain Radio and Television Broadcasters.

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March 2009

FCC Fines a Michigan Radio Station for Broadcasting a Telephone Conversation Without Prior Notice.

FCC Fines Pennsylvania Noncommercial Educational Television Station $2,500 for Airing Advertisements.

FCC Fines AM Radio Station $6,000 for Conducting a Contest Without Describing All Material Terms.

A PDF version of this entire article can be found at A FCC Enforcement Monitor.

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TVNewsDay
3/4/2009
To say that current economic conditions are challenging for broadcasters is akin to noting that the Ice Age was chilly.

Like many industries, consolidation and growth was fueled by the easy availability of capital, and now broadcasters struggling under the weight of reduced advertising sales and large debt payments must also struggle to meet their loan covenants.

For those of us involved in both the regulatory and transactional sides of the industry, 2009 threatens to be the year that bankruptcies, loan workouts and alternative financing arrangements exceed all other major transactions.

In working with both broadcasters and their creditors seeking to navigate these dark waters, we have crafted some basic “rules of the road” that make it easier to both assess and preserve your options going forward.

At the outset, the most obvious piece of advice — and advice that is too often ignored — is that in today’s difficult financial environment, broadcasters need to continually focus on their relationships with their lenders.

Rather than avoiding such conversations as the risk of violating a loan covenant grows, broadcasters should actively engage their lenders, even if they find such discussions uncomfortable.

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DTV Transition Date Officially Moved to June 12, 2009

February 2009
President Obama signed into law the DTV Delay Act that serves to move the digital television transition from February 17th to June 12th.
Irrespective of this delay, many stations will proceed with the termination of analog operation on February 17th. Additional information regarding the procedures for termination of analog service may be found in the group’s prior advisories on the subject, which may be accessed via the links provided below:

A PDF version of this entire article can be found at President Obama Signs DTV Delay Act Into Law.

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February 2009
On February 13, 2009, the FCC released a Report and Order implementing the DTV Delay Act. Pursuant to the Report and Order, the following authorizations are modified as noted:

  • Analog Television Licenses: expiration date extended from February 17, 2009, to June 12, 2009, (11:59:59 PM local time);
  • Post-Transition DTV Construction Permits: expiration date extended from February 17, 2009, to June 12, 2009, (11:59:59 PM local time);
  • Special Temporary Authority grants for analog reduction related to the DTV transition: expiration date extended from February 17, 2009 to June 12, 2009 (11:59:59 PM local time);
  • Special Temporary Authority grants for operation of pre-transition digital facilities at variance to pre-tran­sition license or construction permit: expiration date extended from February 17, 2009 to June 12, 2009, (11:59:59 PM local time);
  • Authority to commence post-transition digital operation: moved from February 18, 2009 to June 13, 2009, (12:00 AM local time).

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