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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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Is It Game Time or Gambling? Prize, Chance, Consideration, NCAA Tickets and Your Next Promotion

Anyone who has enjoyed March Madness knows that Lady Luck often intervenes in a team’s journey to the NCAA Final Four. But is getting to the game a literal roll of the dice for spectators too? The Seventh Circuit Court of Appeals in Chicago has recently ruled that a lawsuit…

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Senate Amends DISCLOSE Act to Delete Lowest Unit Charge Provisions

In my recent commentary on the Senate version of the DISCLOSE Act (Senate Disclose Act Bill Raises Serious Concerns For Broadcasters), I highlighted provisions related to the Lowest Unit Charge which had the potential to cause a very significant adverse impact on broadcast station revenues from federal election advertising. Senator…

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Senate Disclose Act Bill Raises Serious Concerns For Broadcasters

Last month, the House of Representatives passed the DISCLOSE Act (“Democracy is Strengthened by Casting Light on Spending in Elections Act”), H.R. 5175. The bill responds to the decision of the U.S. Supreme Court in Citizens United v. Federal Election Commission which held that corporations (and presumably unions and other…

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Stop the Presses! Federal Trade Commission Does Not Support Taxes on Broadcasters and Others to Help “Reinvent” Newspapers After All?

Earlier this week, FTC Chairman Jon Leibowitz began the FTC’s final workshop concerning the future of media “How Will Journalism Survive the Internet Age?” by dismissing as a ” non-starter” any chance that his agency would recommend new taxes to support or “save” journalism. In advance of this workshop, the…

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A $270,000 Reminder to Broadcasters on the Importance of Kidvid Compliance

I wrote a while back about the Downside of Downsizing, in which I noted an increasing number of calls from broadcasters who had trimmed their staffs to the bare minimum, only to belatedly discover that the remaining employees lacked either the experience or the time to ensure the station’s compliance…

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CARD Act Will Exempt Prepaid Phone Cards (Not Mobile Broadband/Internet Access)

5/18/2010 Prepaid “cards, codes and other devices” redeemable solely for telephone services are exempt from a new federal law that goes into effect August 22, 2010. However, if they can also be redeemed for related technology services, these products will (at least in most instances) be subject to provisions restricting…

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The DISCLOSE Act: Nothing Good for Broadcast, Cable, and Satellite Operators

When the U.S. Supreme Court overturned various restrictions on political spending by corporations in the Citizens United decision, it set off a flurry of activity in Washington. Many, including famously the President in his State of the Union address, derided the decision as opening the political process to the corrupting…

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DISCLOSE Act Released in Response to Supreme Court’s Citizens United Ruling; Senate Version Would Greatly Impact Broadcasters, Cable, and Satellite Television Operators

4/29/2010 Several members of Congress led by Senator Schumer and Congressman Van Hollen introduced today the “Democracy Is Strengthened by Casting Light On Spending in Elections” Act–the DISCLOSE Act. The House and Senate versions differ, with the Senate version vastly expanding eligibility for Lowest Unit Charge, reducing the Lowest Unit…