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…
Comm Law Center
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…
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…
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.…
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…
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…
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…
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…
Broadcasters Catch a Break on License Renewal Advertising Certification
Pity the post office. Even its federal brethren have abandoned it. Today the FCC announced that, with the beginning of the broadcast license renewal cycle fast approaching, it will not be sending its traditional postcard reminders to broadcast licensees. It did say, however, that it would email reminders to broadcasters…
Client Advisory: FCC Adopts Order in its Proceeding to Promote Rural Radio Service
As we reported previously, the Federal Communications Commission (FCC) issued a Notice of Proposed Rulemaking (NPRM) in 2009 which requested comment on a number of proposals to modify its allotment criteria. In particular, the NPRM sought to restrict the ability of rural radio stations to move into Urbanized Areas. The…