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Court of Appeals Finds Prohibition on Political Ads on Noncommercial Stations Unconstitutional

A panel of the United States Court of Appeals for the Ninth Circuit in San Francisco today ruled, in a 2 – 1 decision, that the long-standing prohibition on the carriage of paid political and issue advertising by noncommercial television and radio stations is unconstitutional and may no longer be…

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FCC’s Motive for Demanding Copies of TV Station Public Files Confirmed

Late last month I wrote about a strange occurrence at a number of TV stations that were visited by FCC inspectors demanding that the station make a copy of its entire public inspection file in 24-48 hours and provide that copy to the FCC. I commented at the time that…

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Equipment Vendors Will Be Making CALM Act Noise at NAB Show

The clock is ticking away the minutes until December 13, the effective date of the FCC’s new Commercial Advertisement Loudness Mitigation Act (CALM Act) rules. TV broadcasters and multichannel video programming distributors (MVPDs) attending the upcoming NAB Show in Las Vegas will be looking for the equipment necessary to meet…

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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: A discussion of a number of forfeitures issued by the FCC fining individuals up to $25,000 for operating unlicensed radio…

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Online or Out of Line? FCC Requests Copies of Entire Public Files

As the FCC’s proceeding to require television stations to place their public inspection files (including their political files) online heats up, life is becoming strange for a number of television stations around the country. In a move presumably connected with the online public file proceeding, FCC inspectors have appeared at…

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Revamped EAS Rules Go Into Effect April 23

Earlier today, the FCC’s Fifth Report and Order revising the Part 11 EAS Rules and codifying the obligation that EAS Participants be able to process alert messages formatted in the Common Alerting Protocol (CAP) was published in the Federal Register. As a result of today’s Federal Register publication, the primary…

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Retransmission Without an Agreement Is an Expensive Mistake

As those who follow our interactive calendar are aware, I spoke last week as a representative of broadcasters on a retransmission panel at the American Cable Association Annual Summit. The ACA’s membership is predominantly smaller cable system operators, and because of that, the ACA has been very vocal in Washington…

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FCC Declares Open Season on Television License Renewal Applications

The FCC today issued a Public Notice officially launching the television station license renewal cycle. The Public Notice, however, also contains an unusual new request. Specifically, the FCC asks that television station licensees or their counsel log into their accounts in the FCC’s Consolidated Database System (CDBS) and update the…

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A Reprieve–and a Lesson–for Class A TV Stations?

I wrote in February about a sudden deluge of nearly identical FCC decisions, all released on the same day, proposing to revoke the Class A status of sixteen LPTV stations for failure to timely file all of their Form 398 children’s television reports. While I noted at the time that…

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Spectrum Auction Legislation Becomes Law, But Now What?

Following many months of debate and after trying several potential legislative vehicles, the House and Senate finally enacted spectrum auction legislation as part of the bill to extend payroll tax cuts for another year. It was signed by the President last week, and for those following the process for the…