Broadcast Law Blog

Broadcast Law Blog

Tag Archives: advertising regulation

Some PACs Stop Running “Electioneering Communication” Ads to Avoid Reporting Requirements

Posted in Advertising Issues, Political Broadcasting
In recent days we have seen political action committees (PACs) claiming they are "prohibited" from running political ads in primary states due to "new rules" regarding "electioneering communications."  As explained below, these claims are incorrect.  What they are really doing is trying to avoid the need to reveal the identity of their contributors, following a US District Court decision … Continue Reading

MARCH MADNESS: An Unusual Case of Reverse Confusion

Posted in Advertising Issues, Intellectual Property
As we wrote about last year around this time, MARCH MADNESS is a term that is protected by trademark law.  It is owned by the March Madness Athletic Association (MMAA), a joint venture between the NCAA and the Illinois High School Athletic Association (IHSA).   The IHSA was actually first to begin using this mark to describe its high school basketball … Continue Reading

FCC Confirms $4000 Fine For Televising Video News Release Without Sponsorship ID

Posted in Payola and Sponsorship Identification
  The FCC has issued a Forfeiture Order, confirming a $4000 fine levied against a Minneapolis TV station for airing a video news release ("VNR") without sponsorship identification.  This case was previously discussed in our March 25th blog entry, when the Commission issued a Notice of Apparent Liability ("NAL") against the station for this violation.  The primary lesson to … Continue Reading

A Full Five Person FCC – What’s Next For Broadcasters?

Posted in Advertising Issues, General FCC, Public Interest Obligations/Localism
For the first time since the term of FCC Commissioner Tate expired and Chairman Martin resigned, the FCC will be back to full strength with the Senate’s approval of new FCC Commissioners Mignon Clyburn and Meredith Attwell Baker.  What issues of importance to broadcasters will the Commission, now headed by Chairman Julius Genachowski, take up in coming months?   The … Continue Reading

Does the FCC’s Approval of the Clear Channel Transfer of Control Provide a Window Into the Future?

Posted in Advertising Issues, Multiple Ownership Rules, Public Interest Obligations/Localism
Last week, the FCC approved the long-pending application for the transfer of control of Clear Channel Broadcasting from its public shareholder to several private equity funds. Even though the application had been pending at the FCC for over a year, the Commission’s decision was notable for the paucity of issues that were discussed. The decision approves the … Continue Reading

Advertising Issues on Washington’s Agenda for 2008

Posted in Advertising Issues
As 2007 wound to an end, advertising issues figured prominently on the agenda of Washington agencies, including both the FCC and the FTC.  While the FCC is looking at specific regulatory requirements governing broadcast advertising, the FTC is investigating the privacy issues raised by advertising conducted by on-line companies.  In November, the FTC held a two day … Continue Reading