Here are some of the regulatory developments of significance to broadcasters from the past two weeks, with links to where you can go to find more information as to how these actions may affect your operations.
Even with the holidays upon us, regulation never stops. There are numerous regulatory dates in December to which broadcasters need to keep in mind. Furthermore, as the 2024 presidential campaign is already underway, there are political advertising deadlines to watch out for. Here are some of the upcoming deadlines:
December 1 is the filing deadline for Biennial Ownership Reports by all licensees of commercial and noncommercial full-power TV/AM/FM stations, Class A TV stations, and LPTV stations. The reports must reflect station ownership as of October 1, 2023 (see our article here on the FCC’s recent reminder about these reports). The FCC has been pushing for stations to fill these out completely and accurately by the deadline (see this reminder issued by the FCC last week), as the Commission uses these reports to get a snapshot of who owns and controls what broadcast stations, including information about the race and gender of station owners and their other broadcast interests (see our article from 2021 about the importance the FCC attaches to these filings). Continue Reading December Regulatory Dates for Broadcasters – Biennial Ownership Reports, Annual EEO Public File Reports, LPFM Filing Window, LUC Political Windows for 2024 Election, and More
Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations.
Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations.
Monday was the 85th anniversary of the Mercury Players broadcast of the Orson Welles production of The War of the Worlds – a radio broadcast that seemingly scared many Americans into thinking that the country was under attack by Martians, that my home state of New Jersey had been overrun, and that the rest of the country would soon follow. There has been much media coverage of that broadcast in the last week. Ten years ago, on its 75th anniversary, we wrote an article that is worth revisiting now, with some edits to look at more recent activity that might bear on any repeat of The War of the Worlds controversy.
On the 75th anniversary of The War of the Worlds broadcast, PBS’s American Experience ran a great documentary about the production – talking about Orson Welles’ decision to delay an announcement that the program was a fictional production, not a real invasion, long after his network superiors ordered that announcement because the network phone lines were tied up with anxious callers. Also tied up were the phone lines of emergency responders, and the broadcast supposedly caused people to leave their homes to flee the path of the oncoming invaders. The PBS program talked about how the FCC opened an investigation into the program, and how Congress demanded that laws be passed to prevent such a broadcast from happening again. Essentially, through some well-publicized apologies by Welles and others involved in the program, and a promise by the network to take steps to prevent it from happening again, the FCC closed its investigation, and no law was passed by Congress. Even though the government did not act 75 years ago, it is interesting to look at how the FCC has changed since that time, and why such a broadcast would not fly under FCC rules today.Continue Reading Orson Welles’ War of the Worlds Turns 85 – Could the Panic It Caused Happen Today?
Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations.
Readers of the Broadcast Law Blog are familiar with the potential trademark claims that may arise from the use of SUPER BOWL® (see here) or FINAL FOUR® in advertising or promotions (see here and here). I was recently asked, in light of the various “WORLD SERIES OF ____” marks that are being used for sports or activities other than baseball, whether there is a similar risk with using WORLD SERIES® in advertising or promotions during this time of year.
The short answer is yes.
The first use of “World Series” for the US professional sports championship took place in 1903, if not earlier. However, it was not until 1987 that the Office of the Commissioner of Baseball (“MLB”) began seeking federal registration for “World Series” trademarks. The applications were based on use of the marks before 1986. (Use of a trademark without registration can create “common law” marks, which are enforceable, but the owner of the mark does not have the presumptions of ownership and validity that accompany trademarks registered on the Principal Register of the US Patent and Trademark Office.)
Today, MLB owns a number of registered marks for “WORLD SERIES” in words, in a stylized format or with a design. MLB’s rights in “WORLD SERIES” marks are strong. Indeed, MLB appears to own all of the registrations for WORLD SERIES-formative marks for goods or services relating to baseball tournaments and merchandise, including COLLEGE WORLD SERIES®, WOMEN’S COLLEGE WORLD SERIES® and HIGH SCHOOL WORLD SERIES®, notwithstanding the fact that those events are run by the NCAA or other sports organizations. (see here and here). Although it is probably not obvious to the average fan, MLB owns these marks and licenses the respective trademarks to the actual tournament operators. The fact that MLB has made these arrangements reflects how seriously MLB takes protecting its WORLD SERIES® mark and how strong those rights are – up to a point.Continue Reading Unauthorized Use of WORLD SERIES in Advertising or Promotions? Strike One, Strike Two … !!
On paper, this October appears to be a busy month for regulatory deadlines. But the lack of congressional action to fund the federal government for the coming year (or “continuing resolutions” adopted to allow government agencies to function at their current levels) is making a federal government shutdown appear inevitable. If a government shutdown does occur, the FCC, the FTC, and the Copyright Office may also shutdown – which, as with previous shutdowns, may result in many of the regulatory deadlines discussed below being delayed.
According to the August 2023 FCC Shutdown Plan, if a potential lapse in appropriations is imminent, the FCC will determine whether and for how long prior year funds will be made available to continue all agency operations during a lapse. To date, however, the FCC has not stated whether it plans to remain open – and if so, for how long – if a government shutdown does occur. Details from the FCC and other agencies should be released shortly given the shutdown that may well occur this weekend.
Until we receive such guidance, the tentative October regulatory deadlines for broadcasters are provided below. Even if the government does shut down, these dates will likely be rescheduled for soon after the funding issue is resolved. So, let’s look at the upcoming deadlines. Continue Reading October Regulatory Dates for Broadcasters – Nationwide EAS Test, Annual EEO Public File Reports, Retransmission Consent Elections, Biennial Ownership Reports, and More (If the Government is Open)
Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations.
Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations.
