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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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Performance Tax Anxiety

Having spent a good portion of last week on the road and on conference calls talking about the latest Performance Tax developments, I heard a lot from broadcasters on the subject. For those blissfully unaware of this legislative battle, the recording industry has been seeking a financial parachute from broadcasters…

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Client Alert: FCC Announces Comment Dates in Rural Health Care Broadband Proceeding

The FCC has opened a rulemaking proposing reforms to its broadband health care initiatives for rural and tribal areas. The FCC’s Notice of Proposed Rulemaking originally released in July was published in the Federal Register today, which establishes the deadline for submitting Comments and Reply Comments in the proceeding. Comments…

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Client Advisory: FCC Issues Two Notices of Proposed Rulemaking to Implement STELA

The FCC is moving quickly to implement the Satellite Television Extension and Localism Act of 2010 (STELA). STELA is the latest law to extend and update the original Satellite Home Viewer Act of 1998, allowing direct to home satellite carriers to deliver the signals of local television stations to subscribers.…

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Client Alert: FCC Sets August 31, 2010 Deadline for Payment of FY 2010 Annual Regulatory Fees

The FCC has announced that full payment of all applicable Regulatory Fees for Fiscal Year 2010 must be received no later than August 31, 2010. As mentioned in a July 9, 2010 Report and Order, the Commission will mail assessment notices to licensees/permittees reflecting payment obligations for FY 2010, but…

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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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Let Them Eat Fees: Broadcasters and the Spectrum Measurement and Policy Reform Act

At a recent presentation on legislative matters affecting the communications industry, I noted that broadcasters, while lately feeling much under siege, should not underestimate their part in the digital future. It is true that the government wants broadcasters’ spectrum (the National Broadband Plan), cable operators want broadcasters’ programming, ideally for…

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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…