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Articles Posted by Scott R. Flick

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Broadcasters and Cable Operators Find Something They Can Agree On: an EAS CAP Extension

With the Fox-Cablevision carriage dispute grabbing headlines, and the cable and broadcast industries preparing for battle in Congress and at the FCC over retransmission issues, you would be hard pressed to find common ground between these two media players. However, I have seen it, and it is now on file…

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Client Alert: Comment Dates Set in FCC Proceeding Transitioning Low Power Television Stations to Digital Operations

The FCC’s Further Notice of Proposed Rulemaking seeking comment on the conversion of low power television stations from analog to digital operation was published in the Federal Register today. Comments on the FCC’s proposals are due on December 17, 2010, with reply comments due on January 18, 2011. Although Congress…

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Client Alert: President Signs the 21st Century Communications and Video Accessibility Act, Creating Wide-Ranging Video Programming Accessibility Requirements Intended to Assist Those with Disabilities

Last week, Congress passed the Twenty-First Century Communications and Video Accessibility Act of 2010 (the “Act”) which, among other things, reinstates the FCC’s former Video Description rules for television broadcasters, extends closed captioning of video programming to the Internet, and requires the FCC to examine methods of increasing the accessibility…

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Client Alert: Effective Immediately, FCC Requires FRN and Password to File Form 398, the Quarterly Children’s Programming Report

After we published our Advisory reminding licensees of the deadline to electronically file the Quarterly Children’s Television Programming Report on FCC Form 398 for the Third Quarter of 2010, the FCC disclosed that it has modified its electronic filing system to require the entry of a Federal Registration Number (“FRN”)…

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White Spaces and the FCC: A Decision Behind It and a Challenge Ahead

The FCC today released an order refining, but largely reaffirming, its earlier decision to allow unlicensed devices to operate in the TV band as long as they do not cause interference to existing users such as TV stations and wireless microphone operators. While many refer to this spectrum as “white…

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Broadcast Station EEO Advisory

9/22/2010 This Broadcast Station EEO Advisory is directed to radio and television stations licensed to communities in: Alaska, American Samoa, Florida, Guam, Hawaii, Iowa, Mariana Islands, Missouri, Oregon, Puerto Rico, Virgin Islands and Washington, and highlights the upcoming deadlines for compliance with the FCC’s EEO Rule. Introduction October 1, 2010…

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2010 Third Quarter Issues/Programs List Advisory for Broadcast Stations

September 2010 The next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ local public inspection files by October 10, 2010, reflecting information for the months of July, August and September, 2010. Content of the Quarterly List The FCC requires each broadcast station to air a reasonable amount of…

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EAS False Alerts in Radio Ads and Other Reasons to Panic

One of the great things about being a communications lawyer is the wide array of issues you deal with over the course of a day. Contract lawyers negotiate contracts, and litigators litigate, but communications lawyers negotiate contracts, litigate, argue government policy, and generally are thrown into the breach whenever a…

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Performance Tax Anxiety

Having spent a good portion of last week on the road and on conference calls talking about the latest Performance Tax developments, I heard a lot from broadcasters on the subject. For those blissfully unaware of this legislative battle, the recording industry has been seeking a financial parachute from broadcasters…

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FCC Releases Final Regulatory Fee Amounts

July 2010 FCC Eliminates Earlier Proposed Fee Reductions for Radio and Sets Hefty Increases for UHF Television Stations Last week, just as broadcasters were finishing up with their new Biennial Ownership Report filings, the FCC released its final order setting the annual regulatory fee amounts stations must pay for Fiscal…