Broadcast Law Blog

Broadcast Law Blog

Category Archives: Advertising Issues

Subscribe to Advertising Issues RSS Feed

As The Golden Super Bowl Approaches, Be Aware of The NFL’s Efforts to Protect Its Golden Goose from Unauthorized Ads and Promotions

Posted in Advertising Issues, Intellectual Property, Trademark
With the Super Bowl fast approaching, broadcasters and other media companies are planning advertising and promotions around the big game.  Here is some advice to broadcasters from Mitchell Stabbe, a lawyer from my firm who has spent over 30 years counseling businesses on trademark issues, about legal cautions to consider in finalizing your plans: In addition to… Continue Reading

What Washington Has in Store for Broadcasters in 2016 – Looking at the Legal Issues that the FCC Will Be Considering in the New Year

Posted in Advertising Issues, AM Radio, Broadcast Auctions, Cable Carriage, EEO Compliance/Diversity, Emergency Communications, FM Radio, FM Translators and LPFM, General FCC, Indecency, Internet Video, Low Power Television/Class A TV, Multiple Ownership Rules, Noncommercial Broadcasting, On Line Media, Payola and Sponsorship Identification, Political Broadcasting, Programming Regulations, Public Interest Obligations/Localism, Television
It’s that time of the year when we need to dust off the crystal ball and make predictions about the legal issues that will impact the business of broadcasters in 2016.  While we try to look ahead to identify the issues that are on the agenda of the FCC and other government agencies, there are… Continue Reading

Understanding a Broadcaster’s Political Broadcasting Obligations Under FCC Rules – A Webinar Outlining the Requirements

Posted in Advertising Issues, Political Broadcasting
While many broadcasters’ thoughts are on holiday celebrations, the political process leading to the 2016 elections marches on. Last week, Bobby Baker, the head of the FCC’s Office of Political Programming and I conducted a webinar for broadcasters in 16 states on the legal issues that need to be considered in connection with the upcoming… Continue Reading

More Complaints Filed Against TV Stations for Allegedly Not Disclosing the True Sponsor of PAC Ad on Political Issues

Posted in Advertising Issues, Payola and Sponsorship Identification, Political Broadcasting, Television
The Sunlight Foundation, along with Common Cause and the Campaign Legal Center, have filed with the FCC complaints against 18 TV stations claiming that these stations violated the FCC’s sponsorship identification rules by not identifying former New York City mayor Michael Bloomberg as the true sponsor of issue ads bought by the Independence USA political… Continue Reading

Political Broadcasting Issues that Radio and TV Stations Should Be Thinking About Now As We Approach a Very Active Election Season

Posted in Advertising Issues, Political Broadcasting
With the broadcast and cable news (and the monologs of TV talk show hosts) already dominated by discussions of the 2016 elections, broadcasters thoughts may be turning to that election and the expected flood of money that may come into the political process.  We are, after all, only two months away from the first ballots in… Continue Reading

Contest Rule Revisions Published in the Federal Register for Paperwork Reduction Act Review – Effective Date Not Until at Least December

Posted in Advertising Issues, AM Radio, FCC Fines, FM Radio, General FCC, Programming Regulations, Television
Today, the FCC published notice in the Federal Register of the adoption of the new simplified rules for publicizing the material rules for contests conducted by broadcasters. This publication was for purposes of review by the Office of Management and Budget under the Paperwork Reduction Act, a review necessary before any new rules requiring any… Continue Reading

FCC Revises Broadcast Contest Rules – Allows Disclosure of Material Rules on the Internet

Posted in Advertising Issues, AM Radio, FCC Fines, FM Radio, Television, Website Issues
The FCC yesterday agreed to modernize its contest rules, allowing broadcasters to publicize the material terms of a contest that is conducted by a station through posting those rules on an Internet website, rather than requiring that the material rules be read on the air often enough so that a listener is likely to have… Continue Reading

FCC Chairman Details Issues Coming Soon for Broadcasters – Review of Retransmission Consent, Network Nonduplication, AM Improvements, and Contest Rules

Posted in Advertising Issues, AM Radio, Cable Carriage, Digital Radio, Digital Television, FM Radio, Programming Regulations, Television, Website Issues
In an article posted on the FCC’s blog yesterday, FCC Chairman Tom Wheeler listed four actions that would soon be coming out of the FCC to address broadcast issues. For TV, these include looking at what constitutes “good faith negotiations” in the retransmission consent context, and whether to do away with the FCC’s network nonduplication… Continue Reading

How Broadcasters Could Have Big Liability For Texts And Calls under The FCC’s Recent Order on The Telephone Consumer Protection Act (TCPA)

Posted in Advertising Issues, FCC Fines, General FCC, Privacy
The FCC recently issued a Declaratory Ruling and Order on the Telephone Consumer Protection Act (TCPA) – and that order highlights many issues with broadcasters who use texts or outbound automated calls to the mobile devices of viewers and listeners. In fact, today the FCC released a Notice of Apparent Liability proposing to fine a… Continue Reading

Does a Local Business Need Licenses from ASCAP, BMI and SESAC to Play My Radio or TV Station on Their Premises?

Posted in Advertising Issues, AM Radio, Broadcast Performance Royalty, FM Radio, Intellectual Property, Internet Radio, Music Rights, Television
Twice this morning, I was faced with the question of whether a business needs a license to play a radio or TV station on their premises, once in a story in one of the broadcast trade publications (see the article here, in the You Can’t Make This Up column toward the bottom of the article)… Continue Reading

Keeping Our Campaigns Honest Act Proposes that FCC Require Disclosure of Significant Donors to Entities That Sponsor Issue Ads

Posted in Advertising Issues, Payola and Sponsorship Identification, Political Broadcasting
A bill introduced in the House of Representatives last week proposes that the FCC be required to amend its sponsorship identification rules to require not just the name of the sponsor of an ad addressing “a controversial issue of public importance,” but also the names of any “significant donors” to the sponsor. This bill is… Continue Reading

FCC Asks for Comment on Radio Broadcasters Proposal for Moving Online Some Sponsorship Identifications

Posted in Advertising Issues, Music Rights, Payola and Sponsorship Identification, Programming Regulations
A group of radio broadcasters have asked the FCC to agree to waive some provisions of the current sponsorship identification rules of the FCC to permit stations that have sponsored music or sports programming to move some of the required sponsorship identification online (the request is available here). This is to provide listeners with a… Continue Reading

March Madness is a Trademarked Term – Use Caution in Using it in Advertising and Promotion

Posted in Advertising Issues, Intellectual Property, Programming Regulations
We are in March, which means that the minds of many turn to basketball, specifically March Madness as the NCAA hosts its annual championship tournament to crown college basketball’s national champion. And many broadcasters want to take advantage of the tournament to promote their stations or the products of their sponsors. Because of this inclination,… Continue Reading

Comments Sought by FCC on Political Broadcasting Lowest Unit Rate Implications of Last In First Out Pricing

Posted in Advertising Issues, Political Broadcasting
In a Public Notice issued yesterday, the FCC asked for comments from the public on whether broadcast stations should be able to enforce “Last In, First Out” (“LIFO”) pricing against political candidates in election races.  During the 45 days before a primary election or the 60 days before a general election, for advertising buys by… Continue Reading

More Big Penalties for Use of EAS Tones in Non-Emergency Programming

Posted in Advertising Issues, Emergency Communications, FCC Fines, Programming Regulations, Public Interest Obligations/Localism
The FCC seems to be making another statement – releasing one decision upholding two very large fines against major cable programmers for improper use of EAS tones in ads for a movie, while just two days later releasing another decision approving a consent decree with a broadcaster imposing a penalty and monitoring conditions for using… Continue Reading

Beware of the Trademark and Copyright Issues in Ads and Promotions Involving the Super Bowl

Posted in Advertising Issues, Intellectual Property, Programming Regulations
With the college football champion now decided, and the NFL league championships this coming weekend to decide this year’s Super Bowl teams, it’s that time when we post our warning about being careful with using the phrase “Super Bowl” in your promotions and commercials.  Both copyright and trademark issues can arise at Super Bowl time. … Continue Reading

What Washington Has in Store for Broadcasters in 2015 – Part 1, What’s Up at the FCC

Posted in Advertising Issues, AM Radio, Broadcast Auctions, Cable Carriage, Digital Television, EEO Compliance/Diversity, FM Radio, FM Translators and LPFM, General FCC, Incentive Auctions/Broadband Report, Indecency, Low Power Television/Class A TV, Multiple Ownership Rules, Noncommercial Broadcasting, Payola and Sponsorship Identification, Political Broadcasting, Programming Regulations, Public Interest Obligations/Localism, Television
Each year, at about this time, we pull out the crystal ball and make predictions of the issues affecting broadcasters that will likely bubble up to the top of the FCC’s agenda in the coming year.  While we try each year to throw in a mention of the issues that come to our mind, there… Continue Reading

A Week of Emergency Alert System Actions at the FCC – Fines Including One for $46,000 for EAS Tones in a Commercial, and Reviews of Best Practices for the System

Posted in Advertising Issues, Emergency Communications, FCC Fines, Programming Regulations
Perhaps Sunday’s anniversary of Pearl Harbor made the FCC want to make this week one which concentrated on emergency communications issues, or perhaps it is just a coincidence.  But the FCC has been active in the past 7 days dealing with emergency communications related items for broadcasters.  On Wednesday, it issued a consent decree by… Continue Reading

TV Station Agrees to $115,000 FCC Fine for Not Identifying Sponsor of Program Promoting a Sale at Auto Dealership

Posted in Advertising Issues, FCC Fines, Payola and Sponsorship Identification, Programming Regulations
On Friday, the FCC released an Order and Consent Decree by which Journal Broadcasting agreed to pay a fine of $115,000 and to enter into a compliance program to settle complaints that it had not adequately identified that a program aired on its Las Vegas TV station was sponsored by a local car dealership.  According… Continue Reading

FCC Declines to Allow Experimentation with Noncommercial Underwriting Rules

Posted in Advertising Issues, Noncommercial Broadcasting
The FCC yesterday issued an order declining to allow experimentation with the noncommercial underwriting rules that was requested by the licensee of noncommercial radio stations in the Phoenix area.  The licensee had asked the FCC for permission to conduct a three year experiment by relaxing the underwriting rules in certain ways to determine the effect… Continue Reading

What’s a Broadcaster to Do When a Candidate Complains About the Truth of an Attack Ad? – Dealing with Ads from Non-Candidate, Third-Party Organizations

Posted in Advertising Issues, Political Broadcasting
As we move into the final weeks of the election season, and races heat up, there are always issues about attack ads and what a station needs to do when they receive a “take-down” notice from a candidate who is being attacked. We recently wrote about candidate ads, and the “no censorship” provision of Section… Continue Reading

Questions about the Truth of Political Ads, What’s a Broadcaster to Do When a Candidate Complains About an Attack Ad? – The No Censorship Rule for Candidate Ads

Posted in Advertising Issues, Political Broadcasting
Every election season there is the same refrain from candidates who are attacked in political ads run on broadcast stations – that ad is unfair and the broadcaster who is running it should take it off the air.  Sometime, that request is sent by a lawyer with threats to bring legal actions if the broadcaster… Continue Reading

The Political Window Opens Tomorrow – A Refresher on the Basics of Lowest Unit Charge

Posted in Advertising Issues, Political Broadcasting
With the lowest unit charge window for the November elections kicking into effect tomorrow (September 5), we thought that it was a good idea to review the basics FCC rules and policies affecting those charges. With each election seemingly breaking spending records from prior cycles, your station needs to be ready to comply with all… Continue Reading

Identification of Sponsors of Non-Candidate Political Ads May Be More Controversial This Election Season as FCC Suggests that Broadcasters May Need to Determine Who is Behind Third Party Ads

Posted in Advertising Issues, Payola and Sponsorship Identification, Political Broadcasting
Get ready for more challenges to issue ads that you may be receiving this election season.  The FCC’s Media Bureau today released a brief decision on the Sunlight Foundation’s complaint petition against two TV stations concerning the proper sponsorship identification for ads by Political Action Committees.  We wrote about those complaints when they were filed… Continue Reading