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December 2006
Topics include:

  • FCC Upholds Fines Assessed Against Broadcasters for Violating Radio Frequency Radiation Maximum Permissible Exposure Limits
  • FCC Fines Kentucky Radio Station for Violating the Commission’s Antenna Structure, Public Inspection File, and Emergency Alert System Rules

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December 2006

The digital world can seem confusing and intimidating to those who want to “broadcast” music over the Internet, but moving into cyberspace also presents exciting new opportunities. There are myriad ways that music is used on the Internet. There are companies that operate Federal Communications Commission (“FCC”) licensed radio stations that “stream” their over-the-air programming simultaneously on the Internet. There are also companies that deliver their program material directly on the Internet. For purposes of this discussion, both types of Internet users are called “webcasters.”

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November 2006
Topics include:

  • FCC Fines Puerto Rico Radio Station $15,000 for Violating Antenna Structure and Public Inspection File Rules, and Failing to Operate Within the Terms of Its License
  • FCC Admonishes Florida Radio Station for Public Inspection File Violation
  • FCC Takes Action to Enforce Environmental and Historic Preservation Rules

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November 2006

This Broadcast Station EEO Advisory is directed to radio and television stations licensed to communities in: Alabama, Colorado, Connecticut, Georgia, Maine, Massachusetts, Minnesota, Montana, New Hampshire, North Dakota, Rhode Island, South Dakota, and Vermont and highlights the upcoming deadlines for compliance with the FCC’s EEO rule.

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November 2006
On November 14, 2006, FCC Commissioner Adelstein issued a statement commending The Center for Media Democracy and Free Press for its continued study regarding video news releases (VNRs). The Commission has described VNRs as “essentially prepackaged news stories, that may use actors to play reporters and include suggested scripts to introduce the stories.” This advisory briefly outlines the current law regarding the broadcast of VNRs and alerts broadcasters to the need for caution in this area.

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November 2006
This Advisory provides a review of political broadcasting rules of the FCC.

In this Advisory, of particular note are new regulations imposed on political broadcasting by the Bipartisan Campaign Reform Act (“BCRA”) of 2002, popularly known as “McCain-Feingold.” BCRA contains several provisions that affect the way stations handle their political advertising. On December 10, 2003, the Supreme Court reviewed BCRA, and left intact all of the provisions of the law that apply to broadcasters.

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November 2006
On November 20, 2002, the FCC released a Second Report and Order and Third Notice of Proposed Rulemaking (the “Second R&O”) in which it adopted new equal employment opportunity rules and policies for broadcasters and for multi-channel video programming distributors (the “new EEO Rule”). A complete copy of the new EEO Rule as it relates to broadcasters is attached.

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November 2006
In an effort to reduce the risk of reversal by the United States Court of Appeals for the Second Circuit, the FCC successfully persuaded the Court to allow it to pull back and review four indecency decisions. Earlier this week, the FCC announced the outcome of that review. The “F-word” is still very problematic. A five-second delay mechanism may not be enough to establish a legal defense. There is a tip-of-the-hat toward the First Amendment in the context of news programs but only that. And the procedural hurdle that the FCC has thrown up against blanket indecency complaints is probably only a temporary setback for national organizations intent upon “cleaning up the airwaves.”

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By Kathryn R. Schmeltzer and Jarrett S. Taubman
November 2006
Sample questions include:

  • What is the source of the Commission’s authority to limit “obscene,” “indecent,” and “profane” program material?
  • What FCC regulations prohibit “obscene” or “indecent” program material?
  • What Commission regulations prohibit “profane” program material?
  • What about the First Amendment?
  • Why aren’t cable and satellite subject to the same regulations?

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