Broadcast Law Blog

Broadcast Law Blog

Tag Archives: satellite

FCC Reminds C-Band Satellite Dish Users – Including Broadcasters – To Register By October 17

Posted in AM Radio, FM Radio, General FCC, Programming Regulations, Television, Tower Issues
On Friday, the FCC issued a reminder to all operators “of fixed-satellite service (FSS) earth stations in the 3.7-4.2 GHz band that were constructed and operational as of April 19, 2018 that the filing window to license or register such earth stations closes on October 17, 2018.” This frequency band is commonly referred to as… Continue Reading

Court Upholds Copyright Royalty Board Decision on Satellite Radio Royalties, But Questions Board’s Constitutionality

Posted in Digital Radio, Intellectual Property, Internet Radio
The US Court of Appeals for the District of Columbia Circuit today issued a decision basically upholding the royalty rates set by the Copyright Royalty Board due under Section 114 of the Copyright Act by satellite radio operators for the public performance of sound recordings.  The CRB decision, setting royalties for the years of 2007 to 2012, established… Continue Reading

Two Court of Appeals Arguments on Sound Recording Music Royalty Rates – And the Real Question is Whether the Copyright Royalty Board is Constitutional

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio
In the last 5 days, the US Court of Appeals in Washington, DC has held two oral arguments on appeals from decisions of the Copyright Royalty Board – one from the Board’s decision on Internet Radio Royalties and the other on the royalties applicable to satellite radio.  The decisions were different in that, in the Internet… Continue Reading

Senate Hearing: The Search for Compromise on Music Performance Royalties – Part One: The Issue of Standards

Posted in Broadcast Performance Royalty, Internet Radio
Tuesday, the Senate Judiciary Committee held a hearing on the sound recording performance royalty, titling the hearing  "Music and Radio in the 21st Century: Assuring Fair Rates and Rules Across Platforms" (a webcast of which can be accessed here).  While the hearing was ostensibly to search for a way to come up with a uniform system of… Continue Reading

FCC Releases Public Notice of Decision Approving XM-Sirius Merger – Precedent for Broadcast Ownership Not Yet Clear

Posted in Digital Radio, Multiple Ownership Rules
The FCC has released a Public Notice announcing its approval of the XM and Sirius satellite radio merger.  The public notice is only two pages long, with a four page appendix providing very brief summaries of the conditions imposed on the two companies which a majority of the Commissioners found sufficient to protect consumers from… Continue Reading

Broadcast Performance Royalty Passes House Subcommittee – But It’s Not Done Yet

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio
Once again, the extension of the sound recording performance royalty to broadcasters has become a hot topic in Washington. The subcommittee on Courts, the Internet and Intellectual Property of the  House Judiciary Committee yesterday approved the bill introduced by Congressman Berman (about which we first reported here).  That bill would include broadcasters in the Section 114 sound recoding… Continue Reading

Satellite Radio Music Royalty Reconsideration Denied By Copyright Royalty Board – What a Difference A Standard Makes

Posted in Broadcast Performance Royalty, Intellectual Property, Internet Radio
This week, the Copyright Royalty Board issued an Order denying a request by SoundExchange for rehearing of certain aspects of the decision released last month setting the royalties for satellite radio – XM and Sirius.  These are the royalties for the use of sound recordings by these services on their digital systems.  The decision, which set royalties at 6… Continue Reading

Another Proposed Settlement of Another Copyright Royalty Board Proceeding – New Subscription Services

Posted in Intellectual Property, Internet Radio
The Copyright Royalty Board today announced that it is taking comments on a settlement to establish royalties for the use of sound recordings to be paid by companies that are planning to provide audio services to be delivered with satellite and cable programming.  In contrast to the "preexisting subscription services" who were in existence at the time… Continue Reading

Copyright Royalty Board Asks for Comment on Music Choice Royalty – Satellite Radio is Next

Posted in Intellectual Property, Internet Radio
The Copyright Royalty Board has asked for comments on proposed royalty rates for the use of sound recordings by "Preexisting Subscription Services."  In adopting the Digital Millennium Copyright Act, Congress divided digital music services into various categories, each of which are assessed different royalties for the use of sound recordings. Preexisting subscription services were those digital subscription music… Continue Reading

Broadcast Performance Royalty – Getting Fooled Again?

Posted in Broadcast Performance Royalty, Intellectual Property
On Friday, in a number of publications, a story was carried questioning the claims made by the NAB that the broadcast performance royalty being sought by the music industry could amount to 10-35% of the revenue of the radio industry.  A post on the Wired Listening Post blog seemed to have started the story.  This is the royalty… Continue Reading

Copyright Office Begins Inquiry to Reexamine Cable and Satellite Statutory Licenses – and Asks if Statutory Licenses are Appropriate for Internet Video

Posted in Cable Carriage, Digital Television, Internet Video, On Line Media, Television
The Copyright Office last week released a wide-ranging Notice of Inquiry, asking many questions about the statutory licenses that allow cable and satellite companies to retransmit broadcast television signals without getting the specific approval of all the copyright holders who provide programming to the television stations. The notice was released so that the Copyright Office can… Continue Reading