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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…

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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…

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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…

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Client Alert: FCC Proposes Rules to Reinstate and Expand Video Description Obligations for Television Stations

On March 3, 2011, the FCC released a Notice of Proposed Rulemaking (“NPRM”) setting forth proposed rules to implement the video description requirements contained in the Twenty-First Century Communications and Video Accessibility Act of 2010 (“CVAA”), which became law in October 2010. The CVAA mandates that the FCC take a…

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Client Advisory: A Look at the Decision Enjoining ivi TV From Streaming Broadcast Content on the Internet

On February 22, 2011, US District Court Judge Naomi Reice Buchwald of the Southern District of New York issued a 59-page decision enjoining ivi TV, Inc. from streaming the programming of various network-affiliated television stations on the Internet without their permission. The judge’s opinion articulates a basic principle of copyright…

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Perspectives on the FCC’s First Broadcast Spectrum Reallocation Rulemaking

More than two months after the FCC released a Notice of Proposed Rulemaking proposing preliminary steps to reallocate and reassign television broadcast spectrum for wireless broadband, the government machinery has finally announced comment deadlines: March 18 for initial comments and April 18 for replies. This is the first of several…