Posts Tagged ‘trademark’

Reminder: Repacking Transition Progress Report Must Be Filed by Repacked TV Stations by October 10

The FCC yesterday issued a Public Notice ( available here ) reminding all TV stations (including Class A TV stations) that are changing channels as a result of the TV incentive auction, including those receiving compensation from auction payments for moving from UHF to VHF channels, that they must file their first quarterly Transition Progress Report no later than October 10, 2017 .  The reports should be filed on FCC Form 2100 – Schedule 387, which is now available by logging in to the FCC’s Licensing and female viagra uk Management System ( https://enterpriseefiling.fcc.gov/dataentry/login.html ).  The Transition Progress Report form just became available in LMS this week. Additional reports will be due on the 10 th of the month following the end of each calendar quarter, with additional reports due closer to the station’s Phase Assignment and after completing the transition.

Recordkeeping Rules for Third-Party Fundraising by Noncommercial Broadcasters to be Effective November 13, 2017

In July, we wrote about the effective date of the FCC’s new rules allowing non-CPB noncommercial stations to interrupt their normal programming to raise funds for third-party charitable and non-profit organizations (we wrote here about the decision itself), for up to 1% of their total airtime. In July, we noted that the new rules on the recordkeeping requirements about these fundraising efforts had not yet gone into effect, as they needed to be approved by the Office of Management and Budget under the Paperwork Reduction Act. Yesterday’s Federal Register announced that this approval has been received, and the paperwork rules will go into effect on November 13. The new rules require on-air disclosures at the beginning and end of any fundraising appeal where the station tells its audience that the money is going to a third-party, not to the station. That announcement must be made at least hourly for longer fund-raising appeals.

Washington Issues for TV Broadcasters – Where Things Stand at the FCC

There is never a shortage of Washington issues for broadcasters to consider, and the rapid pace of change since the new administration took over in January has made it even more difficult to track where all the issues stand. While we try on this Blog to write about many of the DC issues for broadcasters, we can’t always address everything that is happening. Every few months, my partner David O’Connor and I update a list of the legal and regulatory issues facing TV broadcasters . That list of issues is published by TVNewsCheck and viagra order no prescription the latest version, published last week, is available on their website, here

FCC Issues Draft Proposal To Revoke Rule Requiring Physical Copy of FCC Rules at All Broadcast Stations

We yesterday wrote about Chairman Pai’s promise to start the process of modernizing media regulation by abolishing a simple but outdated rule – one requiring that each broadcast station have a physical copy of the FCC rules on the station premises. Yesterday, the FCC released a draft of their Notice of Proposed Rulemaking to implement that change in the rules. That draft will be considered at the FCC meeting later this month (on September 26), after which a final copy of the NPRM will be released, and later published in the Federal Register setting formal comment dates. It is a very small step toward the modernization of media regulation sought by the Chairman, but a step nevertheless.  

More on Media Deregulation – Chairman Pai Speaks to NAB Radio Show and Promises to Propose the Repeal of a Rule Each Month

FCC Chairman Ajit Pai spoke on Wednesday at the opening lunch at the NAB Radio Show in Austin, promising more moves to bring media regulation in line with the realities of the modern media marketplace. In his speech, the text of which is available here , the Chairman promised several actions including the following: A monthly Notice of Proposed Rulemaking suggesting a media rule change prompted by suggestions made in the Modernization of Media Regulation proceeding we wrote about here and here . The first proposal for deregulation coming for the September FCC meeting is a modest one, probably chosen as symbolic of the rules that are outdated and unnecessary – the proposal being to eliminate the rule that requires that a broadcaster have a hard copy of the FCC rules at their station. While not a rule that is ever enforced, it is still notable in that the proposal is being advanced only about a month after the end of the comment period on Media Modernization and illustrates a rule that clearly is unnecessary in a day when any broadcaster can access any FCC rule at any time via the Internet. The Chairman stated that he had reviewed the comments in the proceeding to abolish the rules requiring main studios for all broadcast stations, and he concluded that these rules were no longer necessary and would be presenting an Order to implement their abolition before the end of the year.

FCC Extends Filing Deadline for Biennial Ownership Reports Until March 2, 2018, But Will Require Reporting of Station Ownership as of October 1, 2017…

The FCC on Friday announced that they were extending the deadline for filing Biennial Ownership Reports by broadcasters from December 1 to March 2, 2018 to be sure that the new version of the form in the FCC’s LMS database will be up and ready to be used. The FCC will open the window for filing these ownership reports on December 1 (which was to be the deadline). However, the reports will still report on the ownership of each broadcast station as of October 1, 2017, meaning that station owners who sell their station between October 1 and the new deadline are being told by the FCC that they will need to file their own biennial reports – even if they no longer own any broadcast stations.

Remember FCC Rules on Underwriting Limitations – And that They Don’t Apply to Spots Bought By Nonprofit Entities

Last week, the FCC reached a consent decree with a noncommercial broadcaster, where the broadcaster paid an $8000 penalty for, among other things, running underwriting spots that were too promotional. While the consent decree and its implementing order provide no details on the underwriting violations by the broadcaster, we can assume that the broadcaster ran spots that somehow crossed the line – giving price information about a sponsor’s products, or including a call to action suggesting that listeners somehow patronize the sponsor, or making qualitative claims about the sponsor or its products or services. We have written about similar violations many times (see, for instance, our articles here , here , here , here  and here ) and I have conducted seminars for numerous noncommercial broadcasting organizations talking about specifics as to what is permitted in underwriting acknowledgements and what will get a noncommercial station into trouble (see for instance, the presentations mentioned here and here ).

More and More Actions on Pirate Radio – What is Next?

It seems like virtually every day, the FCC announces that it has sent numerous Notices to pirate radio operators warning them that their operations are illegal and that, if the operations do not cease, legal penalties may follow. Yesterday, the FCC released ten such Notices, including ones sent to operators of pirate radio stations themselves (see notices here and here ) and to the owners of buildings in which pirate radio operations have been tracked (see notices here and here ). These Notices have been common over the past several months, seemingly signaling a new focus on pirate radio operations by the FCC’s Enforcement Bureau

Effective Date for Elimination of Last Remnant of Rule on Keeping Correspondence in Broadcast Public Inspection File

Earlier this year, the FCC eliminated the requirement that broadcasters maintain, in their public inspection files, copies of letters from the public about station operations (see our article summarizing that action here ). One aspect of that rule change did not become immediately effective, as it was subject to review by the Office of Management and Budget under the Paperwork Reduction Act, was the elimination of the requirement that television broadcasters report, in their license renewal applications, about letters complaining about violent television programming. The elimination of that requirement is scheduled to be published in the Federal Register tomorrow , and that will trigger the effective date of that part of the rule change – making that total elimination of all obligations to retain letters from the public in the public inspection file.

September Regulatory Dates for Broadcasters – Including Reg Fees, Nationwide EAS Test, Must-Carry Letters, Lowest Unit Rate, Translator and Repack…

Summer is coming to an end, but the legal obligations never take a vacation, and September brings another list of regulatory deadlines for broadcasters. While the month is one of those without the usual list of EEO Public File obligations or quarterly FCC filing obligations, there still are a number of other regulatory deadlines for which broadcasters need to be prepared. For commercial broadcasters, the September date that should be on everyone’s mind is the deadline for the payment of annual regulatory fees . As we wrote here , there is an FCC order circulating among the Commissioners that should be released any day, setting the amounts of the regulatory fees and the deadline for their payment

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Coachella Asks Court to Fast-Track Its Filmchella Lawsuit

World-renowned music and arts festival Coachella and new film fest Filmchella are in a heated battle over which of them, if either, has legal claim…

Reminder – ETRS Form One to be Filed by August 27 By All EAS Participants – Including Broadcasters – In Anticipation of September Nationwide EAS…

All EAS Participants – including all full-power broadcasters – must complete the 2017 ETRS Form One on or before August 28, 2017.  We wrote about this obligation here . The filing deadline was set for next week as the ETRS system is used so that stations can report on the results of nationwide EAS tests. With the next Nationwide EAS Test set for September 27 , the accounts and basic information for all EAS participants need to be in the system to allow for that reporting.

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