Broadcast Law Blog

Broadcast Law Blog

Tag Archives: Internet Video

The Courts Continue To Split on Streaming TV Services – As Boston Court Denies TV Broadcasters Request for an Injunction Against Aereo

Posted in Cable Carriage, Digital Television, Intellectual Property, Internet Video, On Line Media
The battle over services that record and stream over-the-air TV without compensation to TV broadcasters has become even more confusing, with a US District Court judge in Boston denying an injunction to stop the Aereo service in Massachusetts in a suit brought by Hearst Corporation, which owns a local TV station. This decision comes on the… Continue Reading

DC Court Issues Injunction Against FilmOn X for Its Aereo-Like TV-Streaming Service – Increasing Legal Confusion Over TV Public Performance Rights

Posted in Digital Television, Intellectual Property, Internet Video, On Line Media, Television
The US District Court in Washington DC issued a decision earlier this month, enjoining the operation of the television streaming service FilmOn X throughout the United States – except within the Second Circuit (covering NY) where the US Court of Appeals reached a contrary decision in connection with Aereo – a very similar service. Both of these… Continue Reading

Aereo Court Decision Permits Internet Streaming of TV Programs Without Royalties – Undermining the Public Performance Right?

Posted in Cable Carriage, Digital Television, Intellectual Property, Internet Video, Music Rights, On Line Media, Television, Website Issues
We’ve written extensively about copyright issues for audio services, but the big copyright decision that recently made headlines is a TV issue, though one that could have an impact on audio as well. That was the Second Circuit decision in the Aereo case – upholding a lower court decision allowing a company to retransmit over-the-air TV signals… Continue Reading

April FCC Obligations for Broadcasters – Renewals, EEO, Quarterly Issues Programs Lists, Captioning of Live or Near-Live Online Programming, FM Translator Filings, an FM Auction and Comments on Alien Ownership

Posted in Broadcast Auctions, EEO Compliance/Diversity, FM Translators and LPFM, General FCC, Internet Video, License Renewal, Noncommercial Broadcasting, On Line Media, Programming Regulations, Public Interest Obligations/Localism, Television, Website Issues
April is one of those months in which many FCC obligations are triggered for broadcasters. There are the normal obligations, like the Quarterly Issues Programs lists, that need to be in the public file of all broadcast stations, radio and TV, commercial and noncommercial, by April 10. Quarterly Children’s television reports are due to be submitted… Continue Reading

Early October Regulatory Requirements – Quarterly Issues Programs Lists, Children’s TV Reports, Captioning of Internet Programs, Noncommercial Ownership Reports, EEO and Renewal Obligations

Posted in Children's Programming and Advertising, EEO Compliance/Diversity, General FCC, Internet Video, Noncommercial Broadcasting
October is a very important month in the regulatory world, and broadcasters need to be aware of the regulatory deadlines that have already arisen this month, or which will come up in the next few days. This week, TV Newscheck published our latest summary of the state of many of the most significant legal issues facing… Continue Reading

Extension of Time for Comments on Whether an Internet Delivered Video Service Is an MVPD Under the Communications Act

Posted in Cable Carriage, Internet Video
As we wrote last month, the Commission has asked for public comment on whether an Internet delivered video programming service can qualify under the FCC rules and the Communications Act to be treated as a multichannel video programming distributor (an "MVPD").  While the FCC has in the past determined that an MVPD needs to have facilities… Continue Reading

Online Video Services Prompt FCC to Ask for Comments on Definition of MVPD

Posted in Cable Carriage, Internet Video, On Line Media, Television
As technology changes, the definitions in the FCC rules don’t always keep up.  In a public notice released last Friday, the FCC asked for public comment on what its definition of an "MVPD" – Multichannel Video Programming Distributor – means for purposes of its program access rules. These rules limit exclusive contracts for certain programming that one… Continue Reading

Effective Dates for FCC Rules Requiring Captioning of Online Video Announced

Posted in Internet Video, On Line Media, Television
We recently wrote about the FCC’s new rules requiring the captioning of television video retransmitted on the Internet.  Those rules have now been published in the Federal Register, which sets the effective dates for the implementation of those rules.  The rules become effective on April 30, which means that any video that is broadcast on… Continue Reading

Further Details on the New Closed Captioning Rules for IP-Delivered Video Programming

Posted in General FCC, Intellectual Property, Internet Video, On Line Media, Programming Regulations
As we reported last week, the FCC has adopted a Report and Order establishing rules for the closed captioning of video programming delivered via Internet protocol (i.e., IP video), as required by the 21st Century Communications and Video Accessibility Act (CVAA). DWT has now released an advisory with further details about the new rules, which is… Continue Reading

FCC Releases Final Rules on Closed Captioning for IP-Delivered Video Programming

Posted in Digital Television, General FCC, Internet Video, On Line Media, Programming Regulations, Television, Website Issues
This afternoon, the FCC released its long-anticipated Report and Order (R&O) setting forth the Commission’s new closed captioning rules for IP-delivered video programming, pursuant to the 21st Century Communications and Video Accessibility Act (CVAA).  As we explained when the rules were first proposed in September, the CVAA directed the FCC to establish how and when certain… Continue Reading

FCC Overturns Hundreds of TV Closed Captioning Exemptions and Clarifies “Economically Burdensome” Standard in Connection with Captioning Rules

Posted in Digital Television, Internet Video, Programming Regulations, Television
Yesterday, the FCC released an Order that reversed a five-year-old decision by its Consumer and Governmental Affairs Bureau (“CGB” or “Bureau”) that had granted certain video programmers “undue burden” exemptions from the FCC’s closed captioning rules. The reversed Bureau decision had changed the criteria for undue burden exemptions and permanently exempted two video programmers from compliance… Continue Reading

Comment Date Set on FCC Proposals for Internet Video Captioning – Repurposed Video from TV Stations Initial Target of New Rules

Posted in Internet Video, On Line Media, Television
The dates for comments on the FCC proposed rules for the captioning of Internet Video have been set.  Comments are due on October 18 with replies due on October 28.  An associated Federal Register publication also notes that comments can be filed with the Office of Management and Budget about the compliance of the information collection requirements… Continue Reading

FCC Proposes Rules for Captioning of Online Video – Important Considerations for TV Stations Putting Programming on the Internet

Posted in Internet Video, On Line Media
Putting TV or cable programming onto the Internet may soon not be as easy as it once was, as the FCC has just issued its Notice of Proposed Rulemaking on the captioning requirements for online video.  The proposals advanced by the Commission are summarized in our firm’s Advisory on the subject, here.  These rules are… Continue Reading

Accessibility Advisory Committee Releases Report to FCC on Closed Captioning of Internet Video

Posted in Internet Video, On Line Media
As our colleague Brian Hurh wrote today on our sister blog,, the Video Programming Accessibility Advisory Committee has released its Report to the FCC on the closed captioning of IP-video programming as required by the 21st Century Communications and Video Accessibility Act passed last October.  A copy of the report released today is available here.  As we explained… Continue Reading

FCC to Review Video Programming Marketplace; Requests Data on MVPDs, Broadcast TV, and Online Video Providers

Posted in Digital Television, Internet Video, Television
The FCC is taking a close look at the video programming marketplace and gathering data that will undoubtedly shape its rules and policies in the coming years.  Its review comes in the form of a periodic assessment of the multichannel video programming industry required by the Communications Act.  By its Further Notice of Inquiry issued… Continue Reading

Federal Court Says No To Internet Retransmission; Section 111 Compulsory License Does Not Permit Internet Broadcasting Without Compliance With Federal Regulations

Posted in Digital Television, Internet Video, On Line Media, Television
As our colleague Brian Hurh wrote recently on our sister blog, the, a federal district court last week granted a preliminary injunction prohibiting the mere retransmission of broadcast television programs over the Internet, without more.  The order is not only important for its confirmation of a 2008 Copyright Office decision rejecting Internet retransmission of video programming… Continue Reading

The Basics of Music Licensing in Digital Media – Videos, Podcasts, Commercials, Downloads, Fair Use – What Questions Should You Be Asking?

Posted in Intellectual Property, Internet Video, Music Rights, On Line Media
Broadcasters need to be aware that ASCAP, BMI and SESAC (the "performing rights organizations" or PROs) don’t cover them for all uses of music – especially uses that may be made on station websites.  Offering downloads, podcasts, and streaming video featuring music all require specific permission from music rights holders.  And, as we wrote just last week,… Continue Reading

In Less Than 3 Weeks, Let’s Provide Detailed Analysis on Fundamentally Changing the Television Industry – Comments Sought on Encouraging Internet Video in Addition to Repurposing TV Spectrum

Posted in Cable Carriage, Digital Television, Internet Video, On Line Media, Television
Only a day after asking over-the-air television broadcasters to justify their existence and why some or all of their spectrum should not be reclaimed by the FCC to be used for wireless broadband (and giving interested parties only until December 21 to not only justify their existence, but also to come up with technical means by… Continue Reading

Davis Wright Tremaine Attorneys Speak at Future of Television Conference

Posted in Appearances, Digital Television, Internet Video, On Line Media, Television
  DWT attorneys David Oxenford and Ronnie London both spoke at the Future of Television – East Conference held in New York City on November 18-19, 2009. Dave delivered introductory remarks to the Conference, and participated with Shelly Palmer, Host of MediaBytes, in a discussion "What’s the Industry Buzz.". Dave discussed the role of Washington… Continue Reading

Julius Genachowski as New FCC Chair – What Will It Mean to Broadcasting’s Future?

Posted in General FCC, Internet Radio, Internet Video, Multiple Ownership Rules, Public Interest Obligations/Localism
The press was abuzz yesterday with the news that Julius Genachowski is apparently the pick of the Obama Administration for the position of FCC Chairman.  Mr. Genachowski was at the FCC during the Reed Hundt Administration, and has since worked in the private sector in the telecommunications industry, including work with Barry Diller and running… Continue Reading

Closed Captions and Video Description – The First Step to FCC Regulation of On-Line Media?

Posted in Digital Television, Indecency, Internet Video, On Line Media
A recent Washington Post article highlights a bill that was recently introduced in Congress suggesting that the FCC bring back their rules for audio descriptions of video programming – rules which were thrown out by the Courts several years ago as being beyond the scope of the Commission’s authority without explicit Congressional authorization.  But not only does… Continue Reading

China Adopts New Rules on Streaming Media

Posted in Internet Radio, Internet Video, On Line Media, Website Issues
While US webcasters may think that they have legal issues – whether it be the Internet radio music royalties that have been such a concern (see our coverage, here) or the copyright and other liability issues that surround user-generated content on various websites (see our story here), they face nothing like new rules that were recently… Continue Reading

Website Privacy Policies – Make Sure You Do What You Say You Are Going to Do

Posted in Internet Radio, Internet Video, Privacy, Website Issues
As more and more broadcasters create and use websites (and, to some extent, are required to post more information on those sites by the FCC, see our post here), they should be cautious about the legal liabilities that arise from these sites.  For instance, as websites are used to gather personal information for listener’s clubs, news… Continue Reading

It’s What Happens to TV Channels That are Returned – 700 MHz Auction Details Set

Posted in Digital Television, General FCC, Internet Video, On Line Media, Television
As the nation’s television stations move closer and closer to the February 17, 2009 termination of analog broadcasting, plans are well underway to re-use the channel that these stations must surrender after that date.  Currently, most television stations operate on two channels, their traditional analog channel, and a transition channel on which they have been allowed to… Continue Reading