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Articles Posted by Scott R. Flick

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Paying the Piper: Avoiding Payola/Plugola Violations and Minimizing Liability

August 2009 The volatile combination of broadcast employees concerned about their income and job security, and cash-strapped businesses looking for cheap and effective ways to promote themselves in difficult economic times, creates an unusually fertile ground for payola and plugola violations. Complicating matters are state efforts to prohibit “payola” activities…

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FY 2009 Annual Regulatory Fees’ Current Payment Deadline: September 22, 2009

August 2009 In its assessment letters to regulatees, the Commission has announced that full payment of all applicable Regulatory Fees for Fiscal Year 2009 must be received no later than September 22, 2009. On August 11, 2009, the final FY 2009 Annual Regulatory Fee Schedule was published in the Federal…

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Internet Radio Royalty Dispute Reaching End–For Now

Recent Settlements and Court Rulings Bring Clarity to Royalty Landscape 8/18/2009 The long-running battle over royalties owed by webcasters–companies that broadcast music over the Internet–took several significant leaps towards conclusion last month with important developments both inside and outside of the courtroom. Spurred by the Webcaster Settlement Act of 2009,…

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FCC Sets Annual Regulatory Fees for 2009; Payment Deadline Expected in September

August 2009 The FCC has released its final schedule of Annual Regulatory Fees for FY 2009. It is expected that those fees will become due and payable sometime in September. We will issue a further Client Advisory as soon as the Commission issues a Public Notice announcing the applicable deadline.…

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Latest 9th Circuit Decision on Wireless Facilities Leaves Key Questions Unanswered

8/4/2009 Practitioner comment on T-Mobile USA, Inc. v. City of Anacortes (No 08-35493, slip op. (9th Cir. July 20, 2009), available at 2009 WL 2138980). The Telecommunications Act of 1996 (“TCA”) was enacted with goals that were at once complementary and contradictory–to increase competition and facilitate rapid deployment of new…

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Reminder: Biennial Ownership Reports Are Due August 1, 2009 for Select Noncommercial Educational Radio and Television Stations

July 2009 As we recently reported, the FCC has altered the schedule for the filing of Biennial Ownership Reports by commercial broadcast stations. Those Reports must now be filed by November 1, 2009 and by the same date every two years thereafter. However, the staggered schedule for the filing of…

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Advisory–Biennial Ownership Reports: Filing Deadline Changes to Nov. 1, 2009 for All Radio and TV Stations Nationwide

July 2009 The FCC has altered the schedule for the filing of Biennial Ownership Reports by commercial broadcast stations. August 1, 2009 is no longer the deadline for commercial radio stations in California, North Carolina, and South Carolina, or for commercial television stations in Illinois and Wisconsin to file their…

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Drawing the Line: A Guide to Avoiding Illegal Content for the On-Air Performer

7/16/2009 As the sources of content available to the public proliferate, attracting and retaining an audience grows more challenging. A common strategy is to use provocative or “attention-getting” on-air elements to increase station awareness among media-saturated listeners and viewers. However, stations must be mindful of the numerous legal restrictions on…

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Broadcast Station EEO Advisory

July 2009 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. Introduction August 1, 2009 is the deadline for certain broadcast stations licensed…

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FCC Announces Filing ‘Windows’ for New Digital-Only LPTV, TV Translator Stations in Rural Areas (Beginning August 25, 2009) and Nationwide (Beginning January 25, 2010)

7/1/2009 This week, the FCC issued a Public Notice announcing that it is finally lifting the freeze on the filing of new low power television (“LPTV”) and television translator stations. First, on August 25, 2009, the FCC will begin accepting applications for stations in “rural areas” for: (1) new digital-only…