In light of today’s decision by the US Court of Appeals for the Second Circuit invalidating the FCC’s indecency policy, it would be hard to justify writing about anything else. From my first days as a young lawyer screening programs before they were aired (I still remember assessing the legalities…
We are frequently asked by broadcasters during the political season whether they are required to provide political candidates with free spot availabilities because they are running “free” or “no charge” spots for commercial advertisers. These spots, of course, are really not free at all. They have a cost, but it…
One of many questions persisting since the release of the FCC’s National Broadband Plan has been “what is the impact on low power television stations?” Officially, the NBP’s call for repurposing television broadcast spectrum was not to affect LPTV stations, as the NBP indicated that LPTV stations would not be…
The FCC announced in April 2009 its intent to implement a new version of its biennial Ownership Report form, and to require that all commercial broadcast stations file a new Ownership Report with the FCC by November 1 of odd-numbered years. Since that time, the FCC has had to delay…
Earlier this week, FTC Chairman Jon Leibowitz began the FTC’s final workshop concerning the future of media “How Will Journalism Survive the Internet Age?” by dismissing as a ” non-starter” any chance that his agency would recommend new taxes to support or “save” journalism. In advance of this workshop, the…
Not only broadcast stations, but churches, schools, concert venues, live theater, film productions, business presenters, sporting events, and motivational speakers will have to change the way they operate, starting this weekend. As we wrote in a Client Advisory back in January, the FCC set June 12th, 2010–the anniversary of the…
If you are a Fox affiliate, your fax machine (if you still have one) probably has a message on it from the FCC waiting for you, courtesy of the latest struggle between Fox and the FCC over indecency enforcement. In a Notice of Apparent Liability released today, the FCC states…
I wrote a while back about the Downside of Downsizing, in which I noted an increasing number of calls from broadcasters who had trimmed their staffs to the bare minimum, only to belatedly discover that the remaining employees lacked either the experience or the time to ensure the station’s compliance…
There is a growing need for tower space as wireless technologies proliferate, and the potential profits to be made by tower owners leasing space for these new technologies has resulted in the growth of companies whose sole business is to own and manage towers. However, managing towers is not a…
The U.S. Supreme Court today announced that it is declining to hear Cablevision’s challenge to the must-carry rules, letting stand a Second Circuit ruling upholding the validity of the 1992 rules. Approximately 40% of broadcast stations rely on must-carry to ensure carriage on their local cable systems, with the remainder…