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Category Archives: Television

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NAB Brings Court Challenge to Incentive Auction Rules – As Broadcasters Wait For More Details on the Auction Process

Posted in Digital Television, Incentive Auctions/Broadband Report, Low Power Television/Class A TV, Television
The FCC’s planned incentive auction, by which the Commission hopes to pay broadcasters to surrender some of their TV licenses so that these stations’ spectrum can be repurposed for wireless broadband uses, is almost impossible to define in a simple blog post.  The FCC issued its Order on the Incentive Auction process several months ago … Continue Reading

FCC Regulatory Fees Due On or Before September 23 – What’s New for This Year’s Fees?

Posted in AM Radio, FCC Fees, FM Radio, Low Power Television/Class A TV, Television
Right as everyone was preparing to leave town for the long weekend, the FCC issued its Report and Order on the regulatory fees for 2014, and also issued a Public Notice setting the deadline for paying those fees as 11:59 PM on September 23.  For broadcasters, the FCC also issued a Mass Media Fee Filing … Continue Reading

Comment Dates Set for Rulemaking on the Required Captioning of Online Video Clips – What is Being Considered?

Posted in Digital Television, Internet Video, On Line Media, Television, Website Issues
The Commission has set the date for comments on it Further Notice of Proposed Rulemaking on certain aspects of the captioning of Online Video clips.  We recently summarized the FCC action setting up compliance deadlines for the captioning of video clips taken from programs that are shown on TV with captions, and then repurposed for … Continue Reading

The Summer of Copyright Part 4 – The Department of Justice Reviews the ASCAP and BMI Consent Decrees – What Should Broadcasters and Music Services Know?

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio, Music Rights, On Line Media, Television
As we wrote in our previous articles on the music licensing issues being considered during this summer of copyright (here, here and here), one of the concerns driving many of the proposed reforms is the current demand of songwriters and publishing companies for a larger share of the music royalty pie.  In licensing the public … Continue Reading

August Regulatory Dates for Broadcasters – Renewals and EEO, and Comments on Multiple Ownership, Music Rights, New Class of FM, and Much More

Posted in FCC Fees, FM Radio, FM Translators and LPFM, General FCC, Incentive Auctions/Broadband Report, Intellectual Property, Internet Radio, License Renewal, Multiple Ownership Rules, Music Rights, Television
Time flies, and more regulatory requirements and comment deadlines in regulatory proceedings are upon us in the month of August.  The regular regulatory deadlines include license renewal for TV and LPTV stations in California, and EEO Public Inspection File yearly reports for stations in California, Illinois, North Carolina, South Carolina, and Wisconsin.  Noncommercial TV stations … Continue Reading

Comments on Quadrennial Review of FCC’s Broadcast Ownership Rules due Next Week – Local TV Ownership Issues Highlighted By GAO Report and Sinclair Acquisition Approval

Posted in Digital Television, Multiple Ownership Rules, Public Interest Obligations/Localism, Television
Next week, on August 6, the FCC will be taking the initial comments on its Quadrennial Review of the multiple ownership rules – looking at what limitations should be placed on the ownership of broadcast stations by one individual or company.  As we have written, this Review follows the FCC’s resolution of the last Quadrennial … Continue Reading

FCC Complaints Filed Against TV Stations for Not Identifying the True Sponsor of Political Ads

Posted in Payola and Sponsorship Identification, Political Broadcasting, Television
Public interest groups are actively watching broadcast political advertising which could make this a very interesting year for broadcasters.  The Sunlight Foundation, which only two months ago filed complaints against 11 television stations for alleged inadequacies in their online political files (see our summary here), has now filed two new complaints alleging that television stations … Continue Reading

FCC Asks for Comments on Extending Construction Permits for New Digital LPTV and TV Translator Stations Until September 2015 Digital Conversion Deadline

Posted in Digital Television, Low Power Television/Class A TV, Television
The FCC’s Media Bureau yesterday released a Public Notice asking for comment on a proposal to extend the construction deadline until September 1, 2015 for any construction permit for a digital LPTV station or a TV translator that will expire before that date.  September 1, 2015 is the deadline for all TV translators and LPTV … Continue Reading

FCC Adopts New Obligations to Caption Online Video Clips of TV Programs

Posted in Digital Television, Internet Video, On Line Media, Television, Uncategorized, Website Issues
The FCC on Friday voted to extend its rule about captioning TV video repurposed to the Internet so as to cover not only full television programs, but also clips of those programs.  While the rules already require that TV programming that is captioned when broadcast to be captioned when retransmitted in full over the Internet, the … Continue Reading

Not Dead Yet – Aereo Tries To Reinvent Itself By Arguing that it is a Cable System Entitled to Carry Television Stations Pursuant to the Statutory License

Posted in Cable Carriage, Digital Television, Intellectual Property, Internet Video, On Line Media, Television
The Supreme Court decision in the Aereo case seemed to be the end of the line for the service that was retransmitting television stations signals without consent, as it found that the broadcasters were entitled to an injunction to force Aereo to cease the public performance of their signals without consent.  In fact, Aereo itself … Continue Reading

FCC Fines Cable System $2.25 Million for Retransmitting TV Stations Without Consent

Posted in Cable Carriage, FCC Fines, Television
The FCC yesterday issued an order imposing a $2.25 Million fine on a set of companies that operated a system that retransmitted TV signals to households in large housing units in the Houston area.  The system had paid retransmission consent fees to the TV stations, then stopped doing so, claiming that it was changing so … Continue Reading

July Regulatory Dates for Broadcasters – New Captioning Obligations, Online Political File for Small TV Stations, Issues Programs List and Children’s Television Reports, and More

Posted in Children's Programming and Advertising, FCC Fees, General FCC, Internet Radio, Internet Video, License Renewal, Low Power Television/Class A TV, Multiple Ownership Rules, On Line Media, Political Broadcasting, Programming Regulations, Public Interest Obligations/Localism, Television
July brings a number of new regulatory dates for broadcasters – including the effective dates of two new compliance obligations for small market TV stations, as well as numerous routine regulatory filing dates.  July 10 brings one deadline for all broadcast stations – it is the date by which your Quarterly Issues Programs lists, setting … Continue Reading

FCC Extends Comment Deadline in Multiple Ownership Proceeding and Issues Updated Statistics on Minority Ownership of Broadcast Stations

Posted in EEO Compliance/Diversity, Multiple Ownership Rules, Television
The FCC has extended the time for filing comments in its ownership proceeding.  While comments on the new Quadrennial Review of the ownership rules had been set to be filed by July 7 (see our article here), the Commission has now extended the deadline until August 6 at the request of the Coalition for Smaller Market … Continue Reading

Supreme Court Finds Aereo Infringes on Broadcasters’ Public Performance Rights – Why the Court Got it Right

Posted in Intellectual Property, Internet Video, On Line Media, Television
The Supreme Court decided the Aereo case (decision here) and, if I can brag a little, the decision was pretty much what we predicted here after the oral argument – a relatively narrow decision finding that there is a public performance of the broadcast television signals retransmitted by Aereo as part of their service.  The … Continue Reading

FCC Orders Freeze on LPTV and TV Translator Displacement Applications, While Slightly Easing Freeze on Applications by Full Power TV Stations

Posted in Digital Television, Incentive Auctions/Broadband Report, Low Power Television/Class A TV, Television
The FCC has just imposed a freeze on the filing of displacement applications for LPTV and TV translator stations, as well as displacement applications for Class A TV stations.  A displacement application is one that is filed to preserve a secondary station’s operations when a full-power station makes changes in its technical facilities that would … Continue Reading

A Presentation on the Obligations of Small Market TV Broadcasters to Begin To Upload Their Political Files into Their Online Public File as of July 1

Posted in Political Broadcasting, Television
TV stations in markets outside of the Top 50, and stations in the Top 50 markets that are not affiliated with one of the Big 4 networks, need to begin to upload new material placed into their political files into their Online Public File as of July 1 – just a few weeks away.  David … Continue Reading

Odds and Ends – CALM Act Revisions, New Effective Date for Higher FCC Application Fees, and a Case Exploring the Reach of the FCC Character Policies

Posted in Digital Television, FCC Fees, General FCC, Public Interest Obligations/Localism, Television
In the last few weeks, while I was on vacation and otherwise occupied, there have been many big developments in the broadcasting and music industries that I’ll try to write about separately – including the release of the FCC’s Order setting up the first official outline of the television incentive auction process and the Department … Continue Reading

Effective Date of JSA Attribution Order and Comment Dates in New Broadcast Ownership Proceeding Set

Posted in Multiple Ownership Rules, Television
The FCC’s proceeding on its multiple ownership rules, adopting rules that make Joint Sales Agreements “attributable” (meaning that they “count” for multiple ownership purposes – one TV station can’t do one with another unless it can own that other station) and starting a new proceeding to review its other ownership rules, was adopted in late … Continue Reading

Effective Date of FCC Prohibition on Joint Negotiation of TV Retransmission Consent Agreements Announced

Posted in Cable Carriage, Multiple Ownership Rules, Television
In today’s Federal Register, the FCC is published its new rule on prohibiting the joint negotiation of retransmission consent agreements by stations that are not commonly owned.  According to the notice, “it is a violation of the duty to negotiate retransmission consent in good faith for a television broadcast station that is ranked among the … Continue Reading

NAB Files Court Challenge to FCC’s Shared Services Agreement Interim Policy

Posted in Multiple Ownership Rules, Television
The National Association of Broadcasters on Monday asked the US Court of Appeals for the District of Columbia to overturn the interim processing policy statement adopted by the FCC’s Media Bureau requiring that the FCC scrutinize every new Shared Services Agreement.  As we wrote last month, the FCC has decided that television Joint Sales Agreements … Continue Reading

FCC Application Fees Going Up By 8% – Effective June 6, 2014

Posted in AM Radio, FCC Fees, FM Radio, FM Translators and LPFM, Low Power Television/Class A TV, Television
On June 6, FCC application fees are going up by 8%.  The new fees were published in the Federal Register yesterday, here.  This Federal Register publication sets out all of the new fees.  To make sure that your applications are processed on a timely basis, be sure to pay the proper higher fees, starting on … Continue Reading

Complaints Filed against 11 TV Stations Alleging Deficiencies in their Online Political File – Warning to Stations, Your File is Being Watched!

Posted in On Line Media, Political Broadcasting, Television, Website Issues
The Campaign Legal Center and Sunlight Foundation filed FCC complaints against 11 major market TV stations across the country alleging that these stations had inadequate online political files.  The Center issued a press release about its filings, stating that these complaints “exposed widespread noncompliance with the disclosure requirements” of the law.  The press release went … Continue Reading

FCC Extends Comment Deadlines on Proceedings on Multilingual Emergency Information and Network Nonduplication/Syndicated Exclusivity Repeal, and Announces Incentive Auction Rules are on the Agenda for May 15 Meeting

Posted in Cable Carriage, Digital Television, Emergency Communications, Incentive Auctions/Broadband Report, Low Power Television/Class A TV, Television
Some quick items to update some of our recent articles.  The FCC has granted extensions of time to comment in two rulemaking proceedings, and released its tentative agenda for its next open meeting where it will adopt an initial order in the incentive auction proceeding.  That’s the proceeding that we most recently wrote about here … Continue Reading