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Articles Posted by Scott R. Flick

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Breaking In the EAS System

In its various incarnations — CONELRAD, the Emergency Broadcast System, the Emergency Alert System, and soon, the EAS CAP system — America’s public warning system has much in common with a vintage automobile that has been taken out of the garage only for short trips. In those short trips (mostly…

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FCC Enforcement Monitor

Pillsbury’s communications lawyers have published FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others. This month’s issue includes: Cable Operator Subject to $25,000 Fine for EAS and Signal Leakage Violations Late-filed Renewals Garner $26,000 Fine Interfering Signal Leakage…

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FCC Overturns 298 Prior Closed Captioning Waivers

In a decision that may cause a fair amount of chaos for program producers, television stations, and cable systems, the FCC yesterday released an Order overturning 298 previously granted closed captioning waivers. According to the Order, the FCC granted only three temporary waivers in the period between 1996, when the…

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The Smoke Thickens for Both Radio and TV on Marijuana Ads

Both TV and radio stations are learning that medical marijuana can give you a bad headache. However, everyone, including the Department of Justice, currently seems uncertain as to the long-term prognosis for stations that aired medical marijuana ads. As I wrote here last week, leading to a number of articles…

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Medical Marijuana Advertising Becomes a Definite Liability for Broadcasters and Other Media

In what became one of our more heavily circulated posts, I wrote a piece back in early May entitled “Will Marijuana Ads Make License Renewals Go Up in Smoke?” It noted that the Department of Justice was showing signs of abandoning its “live and let live” policy toward medical marijuana…

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FCC Enforcement Monitor

Pillsbury’s communications lawyers have published FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others. This month’s issue includes: Low Power Broadcaster’s Defiance Results in $7,000 Upward Adjustment Unauthorized Post-Sunset Operations Lead to $4,000 Fine for AM Station Belligerence…

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Time for Cable and Satellite Carriage Elections, and the Stakes Have Never Been Higher

October 1, 2011 marks the triennial deadline for full power television stations (and a few lucky qualifying LPTV stations) to send their written must-carry or retransmission consent elections to each of the cable and satellite providers serving their market. The elections made by this October 1st will govern a station’s…

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Spectrum Fees and the Urban Legend of Free Spectrum

In the past few days, details have emerged from the White House regarding the funding sources being proposed to cover the cost of the American Jobs Act. In the government’s search for cash, it should surprise no one that in addition to broadcast spectrum auction language (which seems to be…

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The FCC Makes Its Indecency Case at the Supreme Court, But Has the Court Already Shown Its Cards?

The FCC today filed its Brief at the U.S. Supreme Court defending its actions against Fox and ABC programming it found to be indecent. In the case of Fox, the alleged indecency was celebrity expletives uttered during the 2002 and 2003 Billboard Music Awards, while ABC was fined for rear…