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FCC Commissioner Meredith Baker Leaving FCC for NBC-Universal

FCC Commissioner Meredith Attwell Baker made the surprise announcement yesterday that she will leave the FCC on June 3 to become Senior Vice President of Government Affairs at NBC-Universal. Baker’s departure will leave Commissioner Robert McDowell as the only Republican Commissioner at the FCC for the time being. It is…

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FCC Asserts New Ex Parte Rules Not Intended as a Revenue Generator

Earlier today, the FCC wrapped up a seminar on complying with its new ex parte rules, which govern the public disclosures that must be made following a meeting with FCC personnel. The new rules are designed to increase the transparency of the FCC’s decision-making process, and go into effect in…

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Will Marijuana Ads Make License Renewals Go Up in Smoke?

Broadcasters don’t know it yet, but recent actions by the Department of Justice suggest that the federal government may be moving closer to raining on their upcoming license renewals. The reason? Medical marijuana advertising. While it seems like a recent phenomenon, the first state laws permitting medical marijuana go back…

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FCC Enforcement Monitor

Headlines: FCC Begins to Move on Pending Video News Release Complaints Failure to Monitor Tower Lighting Results in $12,000 Penalty Video News Releases Garner $4,000 Fines for Two Television Broadcasters After a flurry of complaints from advocacy groups a few years ago raised the issue at the FCC, the Commission…

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The FCC Takes Its Indecency Case to the Supreme Court, But Without Enthusiasm

Caught between a rock and the Second Circuit, the FCC hesitantly took the defense of its indecency policy to the Supreme Court today. The FCC filed a petition seeking the Court’s review of the Second Circuit’s decisions in indecency cases involving Fox and ABC programs. Last year, the Second Circuit…

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California Court Decision Applies CAN-SPAM Act to Social Media

As we all know, unsolicited spam email can be annoying and intrusive. In 2003, Congress enacted the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act to curb spam. As required by the Act, the FTC and FCC adopted rules that prohibit sending unwanted commercial messages without prior permission.…

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The iPad App Flap – What’s the Big Deal?

Ever since Time Warner Cable released an app that allows users to watch two or three dozen cable channels on iPads we’ve been barraged by press reports of litigation and plans of other multichannel providers to launch similar services. Cablevision has announced it’s launching a similar app that lets subscribers…

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Deadline to Obtain Interference Protection From White Spaces Devices Just Days Away

Last Fall, the FCC adopted final rules allowing Part 15 unlicensed Television Band Devices (TVBDs) to operate in “white spaces”, the slivers of unused spectrum in the television band. To find available slivers of spectrum, the TVBDs will consult a database that is intended to contain information about every use…

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FCC to Advertisers: Don’t Discriminate or We’ll Punish the Broadcasters

I wrote last week about the FCC’s announcement that broadcasters must certify in their license renewal applications that their advertising contracts have, since March 14, 2011, had a nondiscrimination clause in them. Specifically, broadcasters must certify that their “advertising sales agreements do not discriminate on the basis of race or…

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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: Florida FM Translator Fined $13,000 for Unauthorized Operations Latest Public Inspection File Violation Nets Upwardly Adjusted Fine Failure to Monitor…