We usually think of the FCC as the agency that sets the details of the broadcast disclosure obligations for political candidate’s TV ads. But the Federal Election Commission has its own rules for political advertising that are binding on the candidates, rather than on the stations. But because these ads run on broadcast stations, stations… Continue Reading
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More Podcast Legal Issues – Remembering Sponsorship Identification
Posted in On Line Media, Payola and Sponsorship Identification, PodcastingIn recent weeks, we’ve written about a number of legal issues that need to be considered in connection with podcasting – getting releases from guests, making sure that ownership of the podcast is clear, and considering music royalties. Another issue that I discussed in my presentation on legal issues for broadcasters entering the podcast industry… Continue Reading
Google Announces Programmatic Buys of Audio Ads – Looking at Legal Issues with Programmatic Sales
Posted in Advertising Issues, Internet Radio, On Line Media, Payola and Sponsorship Identification, Political BroadcastingLast week, it was announced that Google through its DoubleClick platform, would be offering programmatic buying opportunities for advertisers looking to place audio ads into online streams. While that system is initially being rolled out among the big digital audio services, if it or other similar platforms are expanded more broadly, it could bring more… Continue Reading
Moving Broadcast Political Advertising Rules to the Online World – NY State Adopts a New Law While Congress Considers Online Political Advertising Disclosures, and the FEC Considers Enhanced Online Sponsorship Identification
Posted in Internet Radio, Internet Video, On Line Media, Payola and Sponsorship Identification, Political Broadcasting, Website IssuesWith high profile primaries in numerous states and similar elections last week, and more coming over the next few months in preparation for the November election, broadcasters are dealing with the legal issues that arise with on-air advertising that either promotes or attacks candidates and which addresses other important matters that will be decided in… Continue Reading
Legal Issues for the Broadcaster in Digital and Social Media Advertising
Posted in Advertising Issues, Children's Programming and Advertising, Digital Radio, Internet Radio, Internet Video, On Line Media, Payola and Sponsorship Identification, Privacy, Website IssuesLast week, Aaron Burstein of our law firm and I conducted a webinar for several state broadcast associations on legal issues in digital and social media advertising. As broadcasters become more active in the digital world, whether it be through social media platforms like Facebook and Twitter, or by posting their content online through their… Continue Reading
Washington Legal Issues for TV Broadcasters – Where Things Stand in the New Year
Posted in Cable Carriage, Children's Programming and Advertising, Digital Television, EEO Compliance/Diversity, Emergency Communications, General FCC, Incentive Auctions/Broadband Report, Indecency, Low Power Television/Class A TV, Multiple Ownership Rules, Payola and Sponsorship Identification, Political Broadcasting, Programming Regulations, Public Interest Obligations/Localism, TelevisionIt’s a new year, and a good time to reflect on where all the Washington issues for TV broadcasters stand at the moment, especially given the rapid pace of change since the new administration took over just about a year ago. While we try on this Blog to write about many of the DC issues… Continue Reading
Proposed $13,376,200 Fine Illustrates FCC Concern over Sponsorship Identification Issues
Posted in FCC Fines, Payola and Sponsorship Identification, TelevisionThe FCC, apparently not in a holiday mood, yesterday released a Notice of Apparent Liability proposing a $13,376,200 fine against Sinclair Broadcast group for alleged violations of the sponsorship identification requirements of Section 317 of the Communications Act and Section 73.1212 of the FCC rules. The FCC alleges that program segments contained in news broadcasts… Continue Reading
FTC Puts “Influencers” on Notice: Disclose Marketing Relationships in Social Media Posts
Posted in On Line Media, Payola and Sponsorship Identification, Website IssuesBroadcasters and advertisers should take note of the more than 90 warning letters that the FTC sent out this week as a reminder of the need to disclose material sponsorship connections in social media promotions and endorsements. The FTC has since 2009 announced a policy that any online content for which anything of value has… Continue Reading
Undoing the Past – New FCC Rescinds Rulings on Noncommercial Ownership Reports, Political Broadcasting Sponsorship Disclosure and Shared Services Agreements
Posted in Multiple Ownership Rules, Noncommercial Broadcasting, Payola and Sponsorship Identification, Political Broadcasting, TelevisionWith the change in administration at the FCC, there are opportunities for certain actions to be taken very quickly, without going through the full process of a rulemaking requiring public notice of the proposed rule change and time for public comment. At the end of this last week, we saw the FCC’s Media Bureau take… Continue Reading
Advertise Like Santa Is Watching – 6 Holiday Advertising/Marketing Tips to Help You Stay Off The Naughty List
Posted in Advertising Issues, Children's Programming and Advertising, Intellectual Property, Music Rights, On Line Media, Payola and Sponsorship Identification, Programming Regulations, Trademark, Website IssuesIt’s the holiday season, and many of us are turning our thoughts to celebrating with friends and family. It is also high season for shopping, which means the airwaves, social media, websites and print pages are full of opportunities to buy, sell, and advertise. Whether you consider that to be a feature or a bug,… Continue Reading
Legal Issues in Digital and Social Media – Identifying the Landmines for Broadcasters and Other Media Companies – A Video Webinar
Posted in Advertising Issues, Appearances, Children's Programming and Advertising, Intellectual Property, Internet Radio, Internet Video, Music Rights, On Line Media, Payola and Sponsorship Identification, Privacy, Trademark, Website IssuesAlmost every week, we write about some legal issue that arises in digital and social media – many times talking about the traditional media company that did something that they shouldn’t have done in the online world, and ended up with some legal issues as a result. Two weeks ago, I conducted a webinar, hosted… Continue Reading
Legal Issues for Broadcasters – Updates on Pending Matters
Posted in AM Radio, Appearances, Cable Carriage, Digital Television, EEO Compliance/Diversity, Emergency Communications, FM Radio, FM Translators and LPFM, General FCC, Incentive Auctions/Broadband Report, Low Power Television/Class A TV, Multiple Ownership Rules, Music Rights, Payola and Sponsorship Identification, Political Broadcasting, Programming Regulations, Public Interest Obligations/Localism, TelevisionThere are so many legal issues that facing broadcasters that it is sometimes difficult to keep up with them all. This Blog and many other activities that those at my firm engage in are meant to help our clients and other broadcasters keep up to date on all of the many regulatory challenges with which… Continue Reading
Updated Political Broadcasting Guide – Questions and Answers about Broadcasters’ Obligations During this Election Season
Posted in Advertising Issues, AM Radio, FM Radio, Payola and Sponsorship Identification, Political Broadcasting, TelevisionTo help broadcasters sort out the confusing rules about political advertising, we have updated our Political Broadcasting Guide for Broadcasters (note that the URL for the updated version has not changed from prior versions, so your bookmarks should continue to work). The revised guide is much the same as the one that we published two… 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, TelevisionIt’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
$540,000 FCC Penalty for Cumulus Station Missing Formal Sponsorship Identification on Issue Ad Campaign
Posted in FCC Fines, Payola and Sponsorship Identification, Political BroadcastingThe FCC yesterday released, and trumpeted, a Consent Decree reached with Cumulus Radio for a violation at one of its New Hampshire stations where full sponsorship identification announcements were not made on issue ads promoting an electric company’s construction project in New Hampshire. In the Consent Decree, Cumulus agreed to pay a $540,000 penalty to… 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, TelevisionThe 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
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 BroadcastingA 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
April Regulatory Dates for Broadcasters – Including Quarterly Issues Programs and Children’s Television Reports; Comments In Proceedings Including One on Digital Auxiliaries; and More Incentive Auction Seminars
Posted in Broadcast Auctions, Children's Programming and Advertising, EEO Compliance/Diversity, FM Radio, General FCC, Incentive Auctions/Broadband Report, License Renewal, Noncommercial Broadcasting, Payola and Sponsorship Identification, Programming Regulations, Public Interest Obligations/Localism, TelevisionApril is one of those months with many routine FCC obligations. Quarterly Issues Programs lists need to be in your public file by the 10th of the month. This is an obligation for all full-power broadcast stations – commercial or noncommercial. Similarly, all TV stations have an obligation to submit their Children’s Television Reports on… 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 RegulationsA 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
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, TelevisionEach 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
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 RegulationsOn 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
The Election is Over, But the Complaints Keep Coming – Should Michael Bloomberg Have Been Identified as the True Sponsor of an Ad Run by his PAC?
Posted in Payola and Sponsorship Identification, Political Broadcasting, TelevisionEven though the election is over, political broadcasting issues have not stopped. Yesterday, the same groups (the Campaign Legal Center, Common Cause, and the Sunlight Foundation) that had previously objected to the sponsorship identification of issue ads funded by PACs with a limited donor base have struck again. This time, they have filed a complaint with… Continue Reading
Another FCC Complaint about the True Sponsor of a PAC Political Ad – What’s a Station to Do?
Posted in Payola and Sponsorship Identification, Political BroadcastingJust a month ago, the FCC denied complaints alleging that Washington DC TV stations had not adequately identified the true sponsor of political ads sponsored by a political action committee. When that decision came down – denied on procedural grounds by the Commission – we warned that it opened the door to more complaints in… 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 BroadcastingGet 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