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    July 2015
    FCC Enforcement Monitor
    Authors: Scott R. Flick, Jessica T. Nyman

    Headlines:

    • Repetitive Children’s Programming Costs TV Licensee $90,000
    • It’s Nice to Be Asked: FCC Faults Red-Lighted Licensee’s Failure to Request STA
    • FCC Proposes $25,000 Fine for Hogging Shared Frequencies
    July 2015
    Cable and Satellite Royalty Claims Due to the Copyright Royalty Board by July 31, 2015
    Authors: Scott R. Flick, Lauren Lynch Flick
    This advisory is directed to television stations with locally-produced programming whose signals were carried by at least one cable system located outside the station’s local service area or by a satellite provider that provided service to at least one viewer outside the station’s local service area during 2014. These stations may be eligible to file royalty claims for compensation with the United States Copyright Royalty Board. These filings are due by Friday, July 31, 2015 at 5:00 pm (EDT).
    July 2015
    2015 Second Quarter Issues/Programs List Advisory for Broadcast Stations
    Author: Scott R. Flick
    The next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ public inspection files by July 10, 2015, reflecting information for the months of April, May, and June 2015.
    July 2015
    2015 Second Quarter Children’s Television Programming Documentation
    Authors: Lauren Lynch Flick, Scott R. Flick
    The next Children’s Television Programming Report must be filed with the FCC and placed in stations’ public inspection files by July 10, 2015, reflecting programming aired during the months of April, May, and June 2015.
    June 2015
    FCC Enforcement Monitor
    Authors: Scott R. Flick, Jessica T. Nyman, Lori Panosyan*
    Headlines:
    • Educational FM Licensee Receives $8,000 Fine for Unauthorized Operation
    • FCC Cancels $6,000 Fine for Late Filings due to Licensee’s Inability to Pay
    • Blaming Prior Legal Counsel, Telecommunications Provider Pays $2,000,000 Civil Penalty
    June 2015
    Annual EEO Public File Report Deadline for Stations in California, Illinois, North Carolina, South Carolina, and Wisconsin
    Authors: Lauren Lynch Flick, Scott R. Flick
    This Broadcast Station Advisory is directed to radio and television stations in California, Illinois, North Carolina, South Carolina, and Wisconsin, and highlights the upcoming deadlines for compliance with the FCC’s EEO Rule.
    June 2015
    Biennial Ownership Reports are due by August 1, 2015 for Noncommercial Radio Stations in California, North Carolina and South Carolina and Noncommercial Television Stations in Illinois and Wisconsin
    Authors: Lauren Lynch Flick, Scott R. Flick
    The staggered deadlines for noncommercial radio and television stations to file Biennial Ownership Reports remain in effect and are tied to each station’s respective license renewal filing deadline.
    May 2015
    FCC Enforcement Monitor
    Authors: Scott R. Flick, Jessica T. Nyman

    Headlines:

    • 404 Not Found: Missing Online Public File Documents Lead to $9,000 Fine
    • Wireless Providers Pay $158 Million to Settle Mobile Cramming Violations
    • Failure to Timely File License Renewal Application Results in $1,500 Fine
    May 2015
    Annual EEO Public File Report Deadline for Stations in Arizona, the District of Columbia, Idaho, Maryland, Michigan, Nevada, New Mexico, Ohio, Utah, Virginia, West Virginia, and Wyoming
    Authors: Lauren Lynch Flick, Scott R. Flick
    This Broadcast Station Advisory is directed to radio and television stations in Arizona, the District of Columbia, Idaho, Maryland, Michigan, Nevada, New Mexico, Ohio, Utah, Virginia, West Virginia, and Wyoming, and highlights the upcoming deadlines for compliance with the FCC’s EEO Rule.
    April 2015
    FCC Enforcement Monitor
    Authors: Scott R. Flick, Jessica T. Nyman

    Headlines:

    • FCC Scuttles New York Pirate Radio Operator and Proposes $20,000 Fine
    • Failure to Properly Identify Children’s Programming Results in $3,000 Fine
    • Telecommunications Carrier Consents to Pay $16 Million To Resolve 911 Outage Investigation
    April 2015
    FCC Suspends September 1, 2015 Deadline for LPTV and Translator Stations to Shift from Analog to Digital
    Author: Jessica T. Nyman
    The FCC’s Media Bureau announced that the September 1, 2015 deadline for Low Power TV and TV Translator stations to transition to digital will be suspended pending final action in the LPTV DTV rulemaking proceeding.
    March 2015
    FCC Enforcement Monitor
    Authors: Scott R. Flick, Jessica T. Nyman

    Headlines:

    • Deceptive Practices Yield Multi-Million Dollar Fines for Telephone Interexchange Carriers
    • LPFM Ads Cost $16,000
    • Multiple TV Station Licensees Face $6,000 Fines for Failing to File Children’s TV Programming Reports
    March 2015
    Biennial Ownership Reports are due by April 1, 2015 for Noncommercial Radio Stations in Texas and Noncommercial Television Stations in Delaware, Indiana, Kentucky, Pennsylvania, and Tennessee
    Authors: Lauren Lynch Flick, Scott R. Flick
    The staggered deadlines for noncommercial radio and television stations to file Biennial Ownership Reports remain in effect and are tied to each station’s respective license renewal filing deadline.
    March 2015
    Annual EEO Public File Report Deadline for Stations in Delaware, Indiana, Kentucky, Pennsylvania, Tennessee, and Texas
    Authors: Lauren Lynch Flick, Scott R. Flick
    This Broadcast Station Advisory is directed to radio and television stations in Delaware, Indiana, Kentucky, Pennsylvania, Tennessee, and Texas, and highlights the upcoming deadlines for compliance with the FCC’s EEO Rule.
    March 2015
    2015 First Quarter Issues/Programs List Advisory - Broadcast Stations
    Author: Scott R. Flick
    The next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ public inspection files by April 10, 2015, reflecting information for the months of January, February and March 2015.
    March 2015
    2015 First Quarter Children’s Television Programming Documentation
    Authors: Lauren Lynch Flick, Scott R. Flick
    The next Children’s Television Programming Report must be filed with the FCC and placed in stations’ public inspection files by April 10, 2015, reflecting programming aired during the months of January, February and March 2015.
    February 2015
    FCC Enforcement Monitor
    Authors: Scott R. Flick, Jessica T. Nyman

    Headlines:

    • FCC Issues $3.36 Million Fine to Company and Its CEO for Selling Toll Free Numbers
    • Antenna Fencing and Public Inspection File Violations Result in $17,000 Fine
    • FCC Reiterates That "Willful Violation” Does Not Require “Intent to Violate the Law"
    January 2015
    Pre-Filing and Post-Filing License Renewal Announcement Reminder for TV Stations in Delaware and Pennsylvania
    Authors: Lauren Lynch Flick, Scott R. Flick
    TV, Class A TV, and locally originating LPTV stations licensed to communities in Delaware and Pennsylvania must begin airing pre-filing license renewal announcements on February 1, 2015. License renewal applications for all TV stations in Delaware and Pennsylvania are due by April 1, 2015.
    December 2014
    2015 Broadcasters’ Calendar
    Authors: Scott R. Flick, Lauren Lynch Flick, Jessica T. Nyman, Christine A. Reilly

    Items of Note in 2015

    I. Applications for Renewal of License: The three-year long license renewal cycle for broadcast stations in radio services (AM, FM, FM Translator, LPFM), which began on June 1, 2011, ended in 2014. The renewal cycle for television services (television, Class A, LPTV, TV Translator), which began on June 1, 2012, continues in 2015. The date on which a station's license renewal application is due depends on the state or territory in which its community of license is located. All licensees should familiarize themselves now with the dates associated with this important filing, including the dates on which public notice announcements must air in advance of the license renewal filing; the filing date itself, which is four months before the date of license expiration; and the dates on which post-filing announcements must air.
    December 2014
    2014 Fourth Quarter Children’s Television Programming Documentation
    Authors: Lauren Lynch Flick, Scott R. Flick
    The next Children’s Television Programming Report must be filed with the FCC and placed in stations’ public inspection files by January 10, 2015, reflecting programming aired during the months of October, November and December 2014.
    December 2014
    2014 Fourth Quarter Issues/Programs List Advisory for Broadcast Stations
    Author: Scott R. Flick
    The next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ public inspection files by January 10, 2015, reflecting information for the months of October, November and December 2014.
    December 2014
    FCC Enforcement Monitor
    Authors: Scott R. Flick, Jessica Nyman

    Headlines:

    • Sponsorship Identification Violation Yields $115,000 Civil Penalty
    • $13,000 Increase in Fine Upheld for Deliberate and Continued Operation at Unauthorized Location
    • FCC Reduces $14,000 Fine for EAS and Power Violations Due to Inability to Pay
    November 2014
    FCC Enforcement Monitor
    Authors: Scott R. Flick, Carly A. Deckelboim

    Headlines:

    • $7,000 Fine for Late Renewal Application and Unauthorized Operation
    • Missing Wood Planks Around Tower Lead to $5,600 Fine
    • $39,000 Fine Upheld for Hearing Aid Compatibility Violations
    November 2014
    Biennial Ownership Reports are due by December 1, 2014 for Noncommercial Radio Stations in Colorado, Minnesota, Montana, North Dakota, and South Dakota and Noncommercial Television Stations in Alabama, Connecticut, Georgia, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont
    Authors: Lauren Lynch Flick, Scott R. Flick
    The staggered deadlines for noncommercial radio and television stations to file Biennial Ownership Reports remain in effect and are tied to each station’s respective license renewal filing deadline.
    November 2014
    Annual EEO Public File Report Deadline for Stations in Alabama, Colorado, Connecticut, Georgia, Maine, Massachusetts, Minnesota, Montana, New Hampshire, North Dakota, Rhode Island, South Dakota, and Vermont
    Authors: Lauren Lynch Flick, Scott R. Flick
    This Broadcast Station Advisory is directed to radio and television stations in Alabama, Colorado, Connecticut, Georgia, Maine, Massachusetts, Minnesota, Montana, New Hampshire, North Dakota, Rhode Island, South Dakota, and Vermont, and highlights the upcoming deadlines for compliance with the FCC’s EEO Rule.
    November 2014
    Pre-Filing and Post-Filing License Renewal Announcement Reminder for TV Stations in New Jersey and New York
    Authors: Lauren Lynch Flick, Scott R. Flick
    TV, Class A TV, and locally originating LPTV stations licensed to communities in New Jersey and New York must begin airing pre-filing license renewal announcements on December 1, 2014. License renewal applications for all TV stations in New Jersey and New York are due by February 2, 2015.
    November 2014
    Annual DTV Ancillary/Supplementary Services Report Due for Commercial and Noncommercial Digital Television Stations
    Authors: Lauren Lynch Flick, Scott R. Flick
    All commercial and noncommercial educational digital television broadcast station licensees and permittees must file FCC Form 317 by December 1, 2014.
    October 2014
    FCC Enforcement Monitor
    Authors: Scott R. Flick, Carly A. Deckelboim
    Headlines:
    • $86,400 Fine for Unlicensed and Unauthorized BAS Operations
    • Missing “E/I” Graphic for Children’s Television Programs Results in Fine
    • Multiple Rule Violations Lead to $16,000 in Fines

    October 2014
    2014 Third Quarter Issues/Programs List Advisory for Broadcast Stations
    Author: Scott R. Flick
    The next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ public inspection files by October 10, 2014, reflecting information for the months of July, August and September 2014.
    October 2014
    2014 Third Quarter Children’s Television Programming Documentation
    Authors: Lauren Lynch Flick, Scott R. Flick
    The next Children’s Television Programming Report must be filed with the FCC and placed in stations’ public inspection files by October 10, 2014, reflecting programming aired during the months of July, August and September 2014.
    September 2014
    FCC Enforcement Monitor
    Authors: Scott R. Flick, Carly A. Deckelboim

    Headlines:

    • Unenclosed and Unpainted Tower Leads to $30,000 in Fines
    • $20,000 Fine for Missing Issues/Programs Lists at Two Stations
    • Increased Fine for Intentional Interference and Unlicensed Transmitter Use
    September 2014
    Biennial Ownership Reports are due by October 1, 2014 for Noncommercial Radio Stations in Iowa and Missouri and Noncommercial Television Stations in Alaska, American Samoa, Florida, Guam, Hawaii, the Mariana Islands, Oregon, Puerto Rico, Saipan, the Virgin Islands, and Washington
    Authors: Lauren Lynch Flick, Scott R. Flick
    The staggered deadlines for noncommercial radio and television stations to file Biennial Ownership Reports remain in effect and are tied to each station’s respective license renewal filing deadline.
    September 2014
    Pre-Filing and Post-Filing License Renewal Announcement Reminder for TV Stations in Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont
    Authors: Lauren Lynch Flick, Scott R. Flick
    TV, Class A TV, and locally originating LPTV stations licensed to communities in Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont must begin airing pre-filing license renewal announcements on October 1, 2014. License renewal applications for all TV stations in Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont are due by December 1, 2014.
    September 2014
    Annual EEO Public File Report Deadline for Stations in Alaska, American Samoa, Florida, Guam, Hawaii, Iowa, the Mariana Islands, Missouri, Oregon, Puerto Rico, Saipan, the Virgin Islands, and Washington
    Authors: Lauren Lynch Flick, Scott R. Flick
    This Broadcast Station Advisory is directed to radio and television stations in Alaska, American Samoa, Florida, Guam, Hawaii, Iowa, the Mariana Islands, Missouri, Oregon, Puerto Rico, Saipan, the Virgin Islands, and Washington, and highlights the upcoming deadlines for compliance with the FCC’s EEO Rule.
    August 2014
    FCC Enforcement Monitor
    Authors: Scott R. Flick, Carly A. Deckelboim

    Headlines:

    • Nonexistent Studio Staff and Missing Public Inspection File Lead to $20,000 Fine
    • Failure to Route 911 Calls Properly Results in $100,000 Fine
    • Admonishment for Display of Commercial Web Address During Children’s Programming
    July 2014
    Biennial Ownership Reports are due by August 1, 2014 for Noncommercial Radio Stations in Illinois and Wisconsin and Noncommercial Television Stations in California, North Carolina, and South Carolina
    Authors: Lauren Lynch Flick, Scott R. Flick
    The staggered deadlines for noncommercial radio and television stations to file Biennial Ownership Reports remain in effect and are tied to each station’s respective license renewal filing deadline.
    July 2014
    Pre-Filing and Post-Filing License Renewal Announcement Reminder for TV Stations in Alaska, Hawaii, Oregon, Washington, American Samoa, Guam, the Mariana Islands, and Saipan
    Authors: Lauren Lynch Flick, Scott R. Flick
    TV, Class A TV, and locally originating LPTV stations licensed to communities in Alaska, Hawaii, Oregon, Washington, American Samoa, Guam, the Mariana Islands, and Saipan must begin airing pre-filing license renewal announcements on August 1, 2014. License renewal applications for all TV stations in Alaska, Hawaii, Oregon, Washington, American Samoa, Guam, the Mariana Islands, and Saipan are due by October 1, 2014.
    July 2014
    Annual EEO Public File Report Deadline for Stations in California, Illinois, North Carolina, South Carolina, and Wisconsin
    Authors: Lauren Lynch Flick, Scott R. Flick
    This Broadcast Station Advisory is directed to radio and television stations in California, Illinois, North Carolina, South Carolina, and Wisconsin, and highlights the upcoming deadlines for compliance with the FCC’s EEO Rule.
    July 2014
    FCC Enforcement Monitor
    Authors: Scott R. Flick, Carly A. Deckelboim
    Headlines:

    • Multi-Year Cramming Scheme Results in $1.6 Million Fine
    • Violation of Retransmission Consent Rules Leads to $2.25 Million Fine
    • $25,000 Fine for Failure to Respond to FCC

    July 2014
    Cable and Satellite Royalty Claims Due to the Copyright Royalty Board by July 31, 2014
    Authors: Lauren Lynch Flick, Scott R. Flick
    This advisory is directed to television stations with locally-produced programming whose signals were carried by at least one cable system located outside the station’s local service area or by a satellite provider that provided service to at least one viewer outside the station’s local service area during 2013. These stations may be eligible to file royalty claims for compensation with the United States Copyright Royalty Board. These filings are due by Thursday, July 31, 2014 at 5:00 pm (EDT).

    July 2014
    2014 Second Quarter Issues/Programs List Advisory for Broadcast Stations
    Author: Scott R. Flick
    The next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ public inspection files by July 10, 2014, reflecting information for the months of April, May, and June 2014.
    July 2014
    2014 Second Quarter Children’s Television Programming Documentation
    Authors: Lauren Lynch Flick, Scott R. Flick
    The next Children’s Television Programming Report must be filed with the FCC and placed in stations’ public inspection files by July 10, 2014, reflecting programming aired during the months of April, May, and June 2014.
    June 2014
    FCC Enforcement Monitor
    Authors: Scott R. Flick, Carly A. Deckelboim

    Headlines:

    • Bad Legal Advice Leads to Admonishment for Public File Violations
    • $10,000 Fine for Tower Violation
    • Missing Emergency Alert System Equipment Results in $6,000 Fine
    6/5/2014
    California AG Issues New Privacy Policy and “Do Not Track” Compliance Guidelines, Announces Proactive Enforcement
    Authors: Andrew D. Lanphere, Catherine D. Meyer, Roxane A. Polidora, Jacob R. Sorensen
    The California Attorney General recently released a series of guidelines to assist with compliance with the California Online Privacy Protection Act of 2003 (CalOPPA), which was amended to require new data collection and Do Not Track disclosures. These guidelines offer assistance regarding the form and content of operators’ privacy policies. The AG has stated she will actively enforce operators’ compliance with CalOPPA, including through litigation. Operators of websites and online services that are used or visited by California residents should ensure as soon as possible that their privacy policies comply with the AG’s guidelines.
    May 2014
    FCC Enforcement Monitor
    Authors: Scott R. Flick, Carly A. Deckelboim

    Headlines:

    • FCC Proposes $11,000 Fine for Marketing of Unauthorized Device
    • $2,944,000 Fine for Robocalls Made Without Recipients’ Consent
    • Sponsorship Identification Complaint Leads to $185,000 Consent Decree
    • Premature Consummation of Transaction Results in $22,000 Consent Decree
    May 2014
    Political Broadcasting Advisory
    Authors: Scott R. Flick, Clifford M. Harrington, Lauren Lynch Flick, Miles S. Mason, Richard R. Zaragoza, Paul A. Cicelski, John K. Hane, Christine A. Reilly, Andrew S. Kersting, Carly A. Deckelboim
    This Advisory provides a review of the FCC’s political broadcasting regulations.
    May 2014
    Annual EEO Public File Report Deadline for Stations in Arizona, the District of Columbia, Idaho, Maryland, Michigan, Nevada, New Mexico, Ohio, Utah, Virginia, West Virginia, and Wyoming
    Authors: Lauren Lynch Flick, Scott R. Flick
    This Broadcast Station Advisory is directed to radio and television stations in Arizona, the District of Columbia, Idaho, Maryland, Michigan, Nevada, New Mexico, Ohio, Utah, Virginia, West Virginia, and Wyoming, and highlights the upcoming deadlines for compliance with the FCC’s EEO Rule.
    May 2014
    Biennial Ownership Reports are due by June 2, 2014 for Noncommercial Radio Stations in Michigan and Ohio and Noncommercial Television Stations in Arizona, the District of Columbia, Idaho, Maryland, Nevada, New Mexico, Utah, Virginia, West Virginia, and Wyoming
    Authors: Lauren Lynch Flick, Scott R. Flick
    The staggered deadlines for filing Biennial Ownership Reports by noncommercial radio and television stations remain in effect and are tied to each station’s respective license renewal filing deadline.
    May 2014
    Pre-Filing and Post-Filing License Renewal Announcement Reminder for TV Stations in California
    Authors: Lauren Lynch Flick, Scott R. Flick
    TV, Class A TV, and locally originating LPTV stations licensed to communities in California must begin airing pre-filing license renewal announcements on June 1, 2014. License renewal applications for all TV stations in California are due by August 1, 2014.
    May 2014
    All Class A and Full-Power Television Stations Must Comply with Online Political File Requirements as of July 1, 2014
    Author: Christine A. Reilly
    Class A and Full-Power Television Broadcasters in All Markets Regardless of Network Affiliation and Market Rank Must Comply with the Online Retention of Political Programming Materials as of July 1, 2014
    April 2014
    FCC Enforcement Monitor
    Authors: Paul A. Cicelski, Carly A. Deckelboim
    Headlines:
    • FCC Proposes $12,000 in Fines for Contest Violations
    • $20,000 Fine for Unlicensed Operation and Interference
    • Violations of Sponsorship Identification and Indecency Rules Lead to $15,000 Consent Decree

    4/21/2014
    Running a Sweepstakes or Contest on Social Media?
    Authors: Michael P. Heuga, David E. Hopmann

    This alert was originally published in Law360 on April 29, 2014.

    If entry for the chance to win a prize requires participants to post content featuring your company’s products or services, the participants should be instructed to disclose that their posts are pursuant to a contest. Specifically, the Federal Trade Commission recently indicated that when a company runs a sweepstakes, contest or other prize promotion on a social media platform, and the method of entering the contest involves posting content about the sponsoring company’s products or services (such as by “pinning” photos of the company’s products on Pinterest), the company is expected to tell the participants to make clear that their posts are being made as part of a contest.
    April 2014
    Closed Captioning Quality Standards Go Into Effect April 30, 2014
    Authors: Clifford M. Harrington, Christine A. Reilly
    The FCC’s Recent Report and Order, Declaratory Ruling and Further Notice of Proposed Rulemaking Institutes a New Wave of Compliance Deadlines
    3/31/2014
    FTC Expands Focus on Tracking and Use of Consumers’ Location Data
    In-store monitoring of shoppers’ mobile devices under scrutiny.
    Authors: Roxane A. Polidora, Catherine D. Meyer, Lindsay A. Lutz, Kristen E. Baker
    Over the past few years, the Federal Trade Commission (“FTC”) has provided guidance regarding mobile platforms and app providers’ practices of collecting data about consumers’ locations through their mobile devices, with a focus on transparency and notice to consumers. The FTC recently hosted a spring seminar on emerging consumer privacy issues that focused on a new type of mobile device tracking: brick-and-mortar businesses tracking consumer movements in or around their premises using signals from the consumer’s mobile device.
    March 2014
    2014 First Quarter Issues/Programs List Advisory for Broadcast Stations
    Author: Scott R. Flick
    The next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ public inspection files by April 10, 2014, reflecting information for the months of January, February, and March 2014.
    March 2014
    2014 First Quarter Children’s Television Programming Documentation
    Authors: Lauren Lynch Flick, Scott R. Flick
    The next Children’s Television Programming Report must be filed with the FCC and placed in stations’ public inspection files by April 10, 2014, reflecting programming aired during the months of January, February, and March 2014.
    3/25/2014
    Class Certification Properly Denied Where Individual Questions Predominated Under California’s Telephone Recording Statutes
    Authors: Brian D. Martin, Roxane A. Polidora, Richard M. Segal, Andrew D. Bluth
    The California Court of Appeal unanimously affirmed a trial court ruling denying class certification in a lawsuit filed under California’s Invasion of Privacy Act. The Court held that the determination of whether each potential class member had a reasonable expectation that his or her phone conversations would not be recorded would require too many individual fact inquiries to be treated on a class basis.
    March 2014
    Biennial Ownership Reports are due by April 1, 2014 for Noncommercial Radio Stations in Delaware, Indiana, Kentucky, Pennsylvania, and Tennessee and Noncommercial Television Stations in Texas
    Authors: Lauren Lynch Flick, Scott R. Flick
    The staggered deadlines for filing Biennial Ownership Reports by noncommercial radio and television stations remain in effect and are tied to each station’s respective license renewal filing deadline.
    March 2014
    Annual EEO Public File Report Deadline for Stations in Delaware, Indiana, Kentucky, Pennsylvania, Tennessee, and Texas
    Authors: Lauren Lynch Flick, Scott R. Flick
    This Broadcast Station Advisory is directed to radio and television stations in Delaware, Indiana, Kentucky, Pennsylvania, Tennessee, and Texas, and highlights the upcoming deadlines for compliance with the FCC’s EEO Rule.
    March 2014
    FCC Enforcement Monitor
    Authors: Scott R. Flick, Carly A. Deckelboim
    Headlines:

    • FCC Proposes $40,000 Fine for Public Inspection File/License Renewal Violations
    • Short-Term License Renewal and Hefty Fine for Missing QIP Lists
    • $5,000 Fine for FM Station’s Failure to Maintain Minimum Operating Hours

    March 2014
    Pre-Filing and Post-Filing License Renewal Announcement Reminder for TV Stations in Arizona, Idaho, New Mexico, Nevada, Utah, and Wyoming
    Authors: Lauren Lynch Flick, Scott R. Flick
    TV, Class A TV, and locally originating LPTV stations licensed to communities in Arizona, Idaho, New Mexico, Nevada, Utah, and Wyoming must begin airing pre-filing license renewal announcements on April 1, 2014. License renewal applications for all TV stations in these states are due by June 2, 2014.
    February 2014
    FCC Enforcement Monitor
    Authors: Scott R. Flick, Carly A. Deckelboim

    Headlines:

    • FCC Limits License Renewal to Two Years and Assesses $4,000 Fine
    • $24,000 Consent Decree for Incomplete Public Inspection File
    • Hotels Cited for Exceeding Signal Leakage Limits in Aeronautical Bands
    January 2014
    Biennial Ownership Reports are due by February 3, 2014 for Noncommercial Radio Stations in Arkansas, Louisiana, Mississippi, New Jersey, and New York and Noncommercial Television Stations in Kansas, Nebraska, and Oklahoma
    Authors: Lauren Lynch Flick, Scott R. Flick
    The staggered deadlines for filing Biennial Ownership Reports by noncommercial radio and television stations remain in effect and are tied to each station’s respective license renewal filing deadline.
    January 2014
    Annual EEO Public File Report Deadline for Stations in Arkansas, Kansas, Louisiana, Mississippi, Nebraska, New Jersey, New York, and Oklahoma
    Authors: Lauren Lynch Flick, Scott R. Flick
    This Broadcast Station Advisory is directed to radio and television stations in Arkansas, Kansas, Louisiana, Mississippi, Nebraska, New Jersey, New York, and Oklahoma, and highlights the upcoming deadlines for compliance with the FCC’s EEO Rule.
    January 2014
    FCC Enforcement Monitor
    Authors: Scott R. Flick, Carly A. Deckelboim
    Headlines:

    • FCC Admonishes Television Stations for “Host-Selling” to Children
    • $7,500 Fine Imposed for Documents Missing From Public Inspection File
    • $17,000 Fine for Unauthorized Operation of a Radio Transmitter

    January 2014
    2013 Fourth Quarter Children’s Television Programming Documentation
    Authors: Lauren Lynch Flick, Scott R. Flick
    The next Children’s Television Programming Report must be filed with the FCC and placed in stations’ public inspection files by January 10, 2014, reflecting programming aired during the months of October, November, and December 2013.
    January 2014
    2013 Fourth Quarter Issues/Programs List Deadline for Broadcast Stations
    Author: Scott R. Flick
    The next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ public inspection files by January 10, 2014, reflecting information for the months of October, November, and December 2013.
    December 2013
    2014 Broadcasters’ Calendar
    Authors: Paul A. Cicelski, Scott R. Flick, Lauren Lynch Flick, John K. Hane, Clifford M. Harrington, Miles S. Mason, Christine A. Reilly, Richard R. Zaragoza, Andrew S. Kersting

    Items of Note in 2014

    1. Applications for Renewal of License: The three-year long license renewal cycles for broadcast stations in radio services (AM, FM, FM Translator, LPFM), which began on June 1, 2011, and for television services (television, Class A, LPTV, TV Translator), which began on June 1, 2012, continue in 2014. The date on which a station's license renewal application is due depends on the state or territory in which its community of license is located. All licensees should familiarize themselves now with the dates associated with this important filing, including the dates on which public notice announcements must air in advance of the license renewal filing; the filing date itself, which is four months before the date of license expiration; and the dates on which post-filing announcements must air.
    December 2013
    Pre-Filing and Post-Filing License Renewal Announcement Reminder for Radio Stations in Delaware and Pennsylvania
    Authors: Lauren Lynch Flick, Scott R. Flick
    Full power commercial and noncommercial radio stations and LPFM stations licensed to communities in Delaware and Pennsylvania must begin airing pre-filing license renewal announcements on February 1, 2014. License renewal applications for these stations, and for in-state FM translator stations, are due by April 1, 2014.
    December 2013
    Pre-Filing and Post-Filing License Renewal Announcement Reminder for TV Stations in Texas
    Authors: Lauren Lynch Flick, Scott R. Flick
    TV, Class A TV, and certain LPTV stations licensed to communities in Texas must begin airing pre-filing license renewal announcements on February 1, 2014. License renewal applications for these stations and in-state TV translator stations are due by April 1, 2014.
    December 2013
    FCC Enforcement Monitor
    Authors: Scott R. Flick, Paul A. Cicelski

    Headlines

    • FCC Cancels $20,000 Children’s Television Fine
    • Fine and Reporting Requirements Imposed for EEO Violations
    • Individual Fined $15,000 for Unauthorized Operation of a Radio Transmitter
    November 2013
    FCC Enforcement Monitor
    Authors: Scott R. Flick, Paul A. Cicelski

    Headlines:

    • Multiple Indecency Complaints Result in $110,000 Payment
    • $42,000 in Fines for Excessive Power, Wrong Directional Patterns and Incomplete Public Inspection Files
    • Cable Operator Fined $25,000 for Children’s Programming Reports
    November 2013
    Pre-Filing and Post-Filing License Renewal Announcement Reminder for Radio Stations in New Jersey and New York
    Authors: Lauren Lynch Flick, Scott R. Flick
    Full power commercial and noncommercial radio stations and LPFM stations licensed to communities in New Jersey or New York must begin airing pre-filing license renewal announcements on December 1, 2013. License renewal applications for these stations, and for in-state FM translator stations, are due by February 3, 2014.
    November 2013
    Pre-Filing and Post-Filing License Renewal Announcement Reminder for TV Stations in Kansas, Nebraska, and Oklahoma
    Authors: Lauren Lynch Flick, Scott R. Flick
    TV, Class A TV, and certain LPTV stations licensed to communities in Kansas, Nebraska, and Oklahoma must begin airing pre-filing license renewal announcements on December 1, 2013. License renewal applications for these stations and in-state TV translator stations are due by February 3, 2014.
    November 2013
    Annual DTV Ancillary/Supplementary Services Report Due for Commercial and Noncommercial Digital Television Stations
    Authors: Lauren Lynch Flick, Scott R. Flick
    All commercial and noncommercial educational digital television broadcast station licensees and permittees must file FCC Form 317 by December 2, 2013.
    November 2013
    Biennial Ownership Reports are due by December 2, 2013 for Noncommercial Radio Stations in Alabama, Connecticut, Georgia, Massachusetts, Maine, New Hampshire, Vermont, and Rhode Island and Television stations in Colorado, Minnesota, Montana, North Dakota, and South Dakota
    Authors: Lauren Lynch Flick, Scott R. Flick
    The staggered deadlines for filing Biennial Ownership Reports by noncommercial radio and television stations remain in effect and are tied to each station’s respective license renewal filing deadline.
    October 2013
    FCC Enforcement Monitor
    Authors: Scott R. Flick, Paul A. Cicelski

    Headlines

    • Online Public File Violations and Failure to Respond Result in $14,400 Fine
    • Unlicensed Broadcast Operation Draws $7,000 Fine
    • Fines Continue for Class A Children’s Television Violations
    October 2013
    2013 Third Quarter Issues/Programs List Advisory for Broadcast Stations
    Authors: Scott R. Flick, Lauren Lynch Flick
    The next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ public inspection files by October 10, 2013, reflecting information for the months of July, August, and September 2013.
    October 2013
    2013 Third Quarter Children’s Television Programming Documentation
    Authors: Lauren Lynch Flick, Scott R. Flick
    The next Children’s Television Programming Report must be filed with the FCC and placed in stations’ public inspection files by October 10, 2013, reflecting programming aired during the months of July, August, and September 2013.
    10/3/2013
    New FCC Regulations to Take Effect Regarding Telemarketing Robocalls: All Businesses Marketing By Telephone or Text Must Prepare
    Authors: Lauren Lynch Flick, Andrew D. Bluth, Darcy L. Muilenburg
    On October 16, 2013, revised rules adding further restrictions on telemarketing “robocalls” (telemarketing calls or texts that are autodialed or prerecorded) take effect. The Federal Communications Commission (FCC) promulgated the rules pursuant to its authority under the Telephone Consumer Protection Act of 1991 (TCPA). The FCC announced the revisions in 2012 in an effort to provide greater protection for consumers against unwanted robocalls.1 Live operator calls are not subject to the new regulations.
    September 2013
    FCC Enforcement Monitor
    Authors: Scott R. Flick, Paul A. Cicelski

    Headlines:

    • FCC Assesses Substantial Fine for Antenna Lighting Outage
    • Big Fines for Children’s Television Violations
    September 2013
    Tobacco Advertising Q&A
    Authors: Scott R. Flick, Paul A. Cicelski
    While it has been decades since Congress banned cigarette ads from the airwaves, broadcasters continue to ask for advice on whether they may air certain types of tobacco-related advertisements. In fact, questions in this area of law appear to be on the increase, particularly with the advent of “e-cigarette” advertising. In order to assist broadcasters in complying with tobacco advertising restrictions, we offer the following Q&A for tobacco-related spots.
    September 2013
    Pre-Filing and Post-Filing License Renewal Announcement Reminder for TV Stations in Colorado, Minnesota, Montana, North Dakota, and South Dakota
    Authors: Lauren Lynch Flick, Scott R. Flick
    TV, Class A TV, and certain LPTV stations licensed to communities in Colorado, Minnesota, Montana, North Dakota, and South Dakota must begin airing pre-filing license renewal announcements on October 1, 2013. License renewal applications for these stations and in-state TV translator stations are due by December 2, 2013.
    September 2013
    Pre-Filing and Post-Filing License Renewal Announcement Reminder for Radio Stations in Connecticut, Maine, Massachusetts, New Hampshire, Vermont, and Rhode Island
    Authors: Lauren Lynch Flick, Scott R. Flick
    Full power commercial and noncommercial radio stations and LPFM stations licensed to communities in Connecticut, Maine, Massachusetts, New Hampshire, Vermont, or Rhode Island must begin airing pre-filing license renewal announcements on October 1, 2013. License renewal applications for these stations, and for in-state FM translator stations, are due by December 2, 2013.
    September 2013
    Biennial Ownership Reports are due by October 1, 2013 for Noncommercial Radio Stations in Alaska, American Samoa, Florida, Guam, Hawaii, the Mariana Islands, Oregon, Puerto Rico, Saipan, the Virgin Islands, or Washington and Noncommercial Television Stations in Iowa or Missouri
    Authors: Lauren Lynch Flick, Scott R. Flick
    The staggered deadlines for filing Biennial Ownership Reports by noncommercial radio and television stations remain in effect and are tied to each station’s respective license renewal filing deadline.
    September 2013
    Annual EEO Public File Report Deadline for Stations in Alaska, Florida, Hawaii, Iowa, Missouri, Oregon, Puerto Rico, Virgin Islands, Washington, Guam, Mariana Islands, American Samoa, and Saipan
    Authors: Lauren Lynch Flick, Scott R. Flick
    This Broadcast Station Advisory is directed to radio and television stations located in the states listed above and highlights the upcoming deadlines for compliance with the FCC’s EEO Rule.
    August 2013
    FCC Enforcement Monitor
    Authors: Scott R. Flick, Paul A. Cicelski

    Headlines:

    • FCC Catches GPS Jammer at Airport
    • $75,000 Consent Decree Adopted for Class A TV Violations
    August 2013
    FCC Sets September 20, 2013 as the Deadline for Payment of FY 2013 Annual Regulatory Fees
    Authors: Paul A. Cicelski, Tony Lin
    The FCC has announced that full payment of all applicable Regulatory Fees for Fiscal Year 2013 must be received no later than September 20, 2013.
    August 2013
    FCC Commences E-Rate Program Overhaul
    Authors: Christine A. Reilly, Glenn S. Richards
    The August 20, 2013 Federal Register (“FedReg”) included a notice officially establishing the comment and reply cycle associated with the Federal Communications Commission’s (“FCC” or “Commission”) recently released Modernizing the E-Rate Program for Schools and Libraries Notice of Proposed Rulemaking (“NPRM”).1 According to the FedReg notice, comments are due September 16, 2013 and reply comments are due October 16, 2013. This is the Commission’s latest effort to modernize and streamline the E-Rate program.
    July 2013
    Annual EEO Public File Report Deadline for Stations in California, Illinois, North Carolina, South Carolina, or Wisconsin
    Authors: Lauren Lynch Flick, Scott R. Flick
    This Broadcast Station Advisory is directed to radio and television stations licensed to communities in California, Illinois, North Carolina, South Carolina, or Wisconsin, and highlights the upcoming deadlines for compliance with the FCC’s EEO Rule.
    July 2013
    Biennial Ownership Reports are due by August 1, 2013 for Noncommercial Radio Stations in California, North Carolina, or South Carolina and Noncommercial Television Stations in Illinois or Wisconsin
    Authors: Lauren Lynch Flick, Scott R. Flick
    The staggered deadlines for filing Biennial Ownership Reports by noncommercial radio and television stations remain in effect and are tied to each station’s respective license renewal filing deadline.
    July 2013
    Pre-Filing and Post-Filing License Renewal Announcement Reminder for Radio Stations in Alaska, American Samoa, Guam, Hawaii, the Mariana Islands, Oregon, Saipan, or Washington
    Authors: Scott R. Flick, Lauren Lynch Flick
    Full power commercial and noncommercial radio stations and LPFM stations licensed to communities in Alaska, American Samoa, Guam, Hawaii, the Mariana Islands, Oregon, Saipan, or Washington must begin airing pre-filing license renewal announcements on August 1, 2013. License renewal applications for these stations, and for in-state FM translator stations, are due by October 1, 2013.
    July 2013
    Pre-Filing and Post-Filing License Renewal Announcement Reminder for TV Stations in Iowa and Missouri
    Authors: Scott R. Flick, Lauren Lynch Flick
    TV, Class A TV, and certain LPTV stations licensed to communities in Iowa and Missouri must begin airing pre-filing license renewal announcements on August 1, 2013. License renewal applications for these stations and in-state TV translator stations are due by October 1, 2013.
    July 2013
    Cable and Satellite Royalty Claims Due to the Copyright Royalty Board by July 31, 2013
    Authors: Scott R. Flick, Lauren Lynch Flick
    This Advisory is directed to television stations with locally-produced programming whose signals were carried by at least one cable system located outside the station’s local service area or by a satellite provider that provided service to at least one viewer outside the station’s local service area during 2012. These stations may be eligible to file royalty claims for compensation with the United States Copyright Royalty Board. These filings are due by Wednesday, July 31, 2013 at 5:00pm (EDT).
    June 2013
    FCC Enforcement Monitor
    Authors: Scott R. Flick, Paul A. Cicelski
    Headlines:
    • FCC Issues Heavy Fines for Late-Filed Children’s Television Programming Reports


    • Motel with Multichannel Video Programming Distribution System is Cited for Excessive Cable Signal Leakage

    June 2013
    2013 Second Quarter Children’s Television Programming Documentation
    Authors: Scott R. Flick, Lauren Lynch Flick
    The next Children’s Television Programming Report must be filed with the FCC and placed in stations’ public inspection files by July 10, 2013, reflecting programming aired during the months of April, May, and June 2013.
    June 2013
    2013 Second Quarter Issues/Programs List Advisory for Broadcast Stations
    Author: Scott R. Flick
    The next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ public inspection files by July 10, 2013, reflecting information for the months of April, May, and June 2013.
    May 2013
    FCC Enforcement Monitor
    Authors: Scott R. Flick, Paul A. Cicelski
    Headlines:
    • FCC Establishes New Enforcement Policy for Student-Run Noncommercial Radio Stations
    • CB Radio Owner Receives Fine for Harmful Interference and Lack of Responsiveness
    May 2013
    Pre-Filing and Post-Filing License Renewal Announcement Reminder for Radio Stations in California
    Authors: Lauren Lynch Flick, Scott R. Flick
    Full power commercial and noncommercial radio stations and LPFM stations licensed to communities in California must begin airing pre-filing license renewal announcements on June 1, 2013. License renewal applications for these stations, and for in-state FM translator stations, are due by August 1, 2013.
    May 2013
    Pre-Filing and Post-Filing License Renewal Announcement Reminder for TV Stations in Illinois and Wisconsin
    Authors: Lauren Lynch Flick, Scott R. Flick
    TV, Class A TV, and certain LPTV stations licensed to communities in Illinois and Wisconsin must begin airing pre-filing license renewal announcements on June 1, 2013. License renewal applications for these stations and in-state TV translator stations are due by August 1, 2013.
    May 2013
    Biennial Ownership Reports are due by June 3, 2013 for Noncommercial Radio Stations in Arizona, Idaho, Maryland, Nevada, New Mexico, Utah, Virginia, Washington, D.C., West Virginia, or Wyoming and Noncommercial Television Stations in Michigan or Ohio
    Authors: Scott R. Flick, Lauren Lynch Flick
    The staggered deadlines for filing Biennial Ownership Reports by noncommercial radio and television stations remain in effect and are tied to each station’s respective license renewal filing deadline.
    May 2013
    Annual EEO Public File Report Deadline for Stations in Arizona, Idaho, Maryland, Michigan, Nevada, New Mexico, Ohio, Utah, Virginia, Washington, D.C., West Virginia, or Wyoming
    Authors: Scott R. Flick, Lauren Lynch Flick
    This Broadcast Station Advisory is directed to radio and television stations licensed to communities in Arizona, Idaho, Maryland, Michigan, Nevada, New Mexico, Ohio, Utah, Virginia, Washington, D.C., West Virginia, or Wyoming, and highlights the upcoming deadlines for compliance with the FCC’s EEO Rule.
    April 2013
    FCC Enforcement Monitor
    Authors: Paul A. Cicelski, Scott R. Flick
    Headlines:

    • Assignment of Paired AM Stations Denied by the FCC


    • Use of Illegal Cell Phone Jammers Leads to Fines in Excess of $125,000

    March 2013
    FCC Enforcement Monitor
    Authors: Paul A. Cicelski, Scott R. Flick
    Headlines:

    • Delay in Providing Access to Public Inspection File Leads to Fine


    • FCC Fines Broadcaster for Antenna Tower Fencing, EAS and Public Inspection File Violations

    March 2013
    2013 First Quarter Children’s Television Programming Documentation
    Authors: Lauren Lynch Flick, Scott R. Flick
    The next Children’s Television Programming Report must be filed with the FCC and placed in stations’ public inspection files by April 10, 2013, reflecting programming aired during the months of January, February, and March 2013.
    March 2013
    2013 First Quarter Issues/Programs List Advisory for Broadcast Stations
    Author: Scott R. Flick
    The next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ public inspection files by April 10, 2013, reflecting information for the months of January, February, and March 2013.
    March 2013
    Pre-Filing and Post-Filing License Renewal Announcement Reminder for TV Stations in Michigan or Ohio
    Authors: Lauren Lynch Flick, Scott R. Flick
    TV, Class A TV, and certain LPTV stations licensed to communities in Michigan or Ohio must begin airing pre-filing license renewal announcements on April 1, 2013. License renewal applications for these stations and in-state TV translator stations are due by June 3, 2013.
    March 2013
    Pre-Filing and Post-Filing License Renewal Announcement Reminder for Radio Stations in Arizona, Idaho, New Mexico, Nevada, Utah, or Wyoming
    Authors: Lauren Lynch Flick, Scott R. Flick
    Full power commercial and noncommercial radio stations and LPFM stations licensed to communities in Arizona, Idaho, New Mexico, Nevada, Utah, or Wyoming must begin airing pre-filing license renewal announcements on April 1, 2013. License renewal applications for these stations, and for in-state FM translator stations, are due by June 3, 2013.
    March 2013
    Annual EEO Public File Report Deadline for Stations in Delaware, Indiana, Kentucky, Pennsylvania, Tennessee, or Texas
    Authors: Lauren Lynch Flick, Scott R. Flick
    This Broadcast Station Advisory is directed to radio and television stations licensed to communities in Delaware, Indiana, Kentucky, Pennsylvania, Tennessee, or Texas and highlights the upcoming deadlines for compliance with the FCC’s EEO Rule.
    March 2013
    Biennial Ownership Reports are due by April 1, 2013 for Noncommercial Radio Stations in Texas and Noncommercial Television Stations in Delaware, Indiana, Kentucky, Pennsylvania, or Tennessee
    Authors: Lauren Lynch Flick, Scott R. Flick
    The staggered deadlines for filing Biennial Ownership Reports by noncommercial radio and television stations remain in effect and are tied to each station’s respective license renewal filing deadline.
    February 2013
    FCC Enforcement Monitor
    Authors: Scott R. Flick, Paul A. Cicelski
    Headlines:

    • FCC Takes Action against Intentional Interference and Unlicensed Operations


    • FCC Assesses $25,000 Fines for Unresponsiveness

    February 2013
    The FCC's Equal Employment Opportunity Rules and Policies – A Guide for Broadcasters
    Authors: Paul A. Cicelski, Scott R. Flick, Lauren Lynch Flick, John K. Hane, Clifford M. Harrington, Miles S. Mason, Christine A. Reilly, Richard R. Zaragoza, Andrew S. Kersting

    Introduction

    June 1, 2011 marked the beginning of a four-year cycle during which all commercial and noncommercial radio and television stations in the United States will come under special scrutiny by the Federal Communications Commission (“FCC” or “Commission”) as the FCC considers whether to renew each station’s license to broadcast.
    January 2013
    FCC Enforcement Monitor
    Authors: Scott R. Flick, Paul A. Cicelski
    Headlines:

    • FCC Assesses $8,000 Fine for EAS Equipment Installation Problems
    • Notice of Violation Issued against FM Station for a Variety of Reasons

    January 2013
    Broadcast Station EEO Advisory
    Author: Lauren Lynch Flick
    This Broadcast Station Advisory is directed to radio and television stations licensed to communities in Arkansas, Kansas, Louisiana, Mississippi, Nebraska, New Jersey, New York, and Oklahoma and highlights the upcoming deadlines for compliance with the FCC’s EEO Rule.
    January 2013
    Biennial Ownership Reports are due by February 1, 2013 for Noncommercial Radio Stations in Kansas, Nebraska, and Oklahoma and Noncommercial Television Stations in Arkansas, Louisiana, Mississippi, New Jersey, and New York
    Author: Lauren Lynch Flick
    The staggered deadlines for filing Biennial Ownership Reports by noncommercial radio and television stations remain in effect and are tied to each station’s respective license renewal filing deadline.
    January 2013
    Pre-Filing and Post-Filing License Renewal Announcement Reminder for TV Stations in Indiana, Kentucky, and Tennessee
    Author: Lauren Lynch Flick
    TV, Class A TV, and certain LPTV stations licensed to communities in Indiana, Kentucky, and Tennessee must begin airing pre-filing license renewal announcements on February 1, 2013. License renewal applications for these stations and in-state TV translator stations are due by April 1, 2013.
    January 2013
    Pre-Filing and Post-Filing License Renewal Announcement Reminder for Radio Stations in Texas
    Author: Lauren Lynch Flick
    Full power commercial and noncommercial radio stations and LPFM stations licensed to communities in Texas must begin airing pre-filing license renewal announcements on February 1, 2013. License renewal applications for these stations, and for in-state FM translator stations, are due by April 1, 2013.
    December 2012
    2013 Broadcasters' Calendar
    Authors: Paul A. Cicelski, Scott R. Flick, Lauren Lynch Flick, John K. Hane, Clifford M. Harrington, Miles S. Mason, Christine A. Reilly, Richard R. Zaragoza, Andrew S. Kersting
    Items of Note in 2013

    1. Applications for Renewal of License: The three-year long license renewal cycles for broadcast stations in radio services (AM, FM, FM Translator), which began on June 1, 2011, and for television services (television, Class A, LPTV, TV Translator), which began on June 1, 2012, continue in 2013. The date on which a station's license renewal application is due depends on the state or territory in which its community of license is located. All licensees should familiarize themselves now with the dates associated with this important filing, including the dates on which public notice announcements must air in advance of the license renewal filing; the filing date itself, which is approximately four months before the date of license expiration; and the dates on which post-filing announcements must air.

    December 2012
    FCC Enforcement Monitor
    Authors: Scott R. Flick, Lauren A. Birzon
    Headlines:

    • FCC Issues Multiple Forfeitures for Unauthorized Marketing of Transmitters
    • FCC Proposes $35,000 in Fines for Unauthorized Radio Operations

    December 2012
    2012 Fourth Quarter Children’s Television Programming Documentation
    Author: Lauren Lynch Flick
    The next Children’s Television Programming Report must be filed with the FCC and placed in stations’ public inspection files by January 10, 2013, reflecting programming aired during the months of October, November, and December 2012.
    December 2012
    2012 Fourth Quarter Issues/Programs List Advisory for Broadcast Stations
    Author: Scott R. Flick
    The next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ public inspection files by January 10, 2013, reflecting information for the months of October, November, and December 2012.
    12/3/2012
    FCC Clears the Way for Businesses to Send Confirmation Texts to Consumers Opting Out of Receiving Text Messages
    Authors: Lauren Lynch Flick, Andrew D. Bluth
    FCC ruling sets out standards businesses must follow to avoid being labeled spammers and to reduce the risk of class action lawsuits under the Telephone Consumer Protection Act.
    November 2012
    FCC Enforcement Monitor
    Authors: Scott R. Flick, Lauren A. Birzon
    Headlines:

    • FCC Punishes the Operators of an Unlicensed FM Station
    • FCC Investigates Antenna Structure Violations
    November 2012
    Annual DTV Ancillary/Supplementary Services Report Due for Commercial and Noncommercial Digital Television Stations
    Authors: Paul A. Cicelski, Lauren Lynch Flick
    All commercial and noncommercial educational digital television broadcast station licensees and permittees must file FCC Form 317 by December 3, 2012.
    November 2012
    Pre-Filing and Post-Filing License Renewal Announcement Reminder for TV Stations in Arkansas, Louisiana, and Mississippi
    Author: Lauren Lynch Flick
    TV, Class A TV, and certain LPTV stations licensed to communities in Arkansas, Louisiana, and Mississippi must begin airing pre-filing license renewal announcements on December 1, 2012. License renewal applications for these stations and in-state TV translator stations are due by February 1, 2013.
    November 2012
    Pre-Filing and Post-Filing License Renewal Announcement Reminder for Radio Stations in Kansas, Nebraska, and Oklahoma
    Author: Lauren Lynch Flick
    Full power commercial and noncommercial radio stations and LPFM stations licensed to communities in Kansas, Nebraska, and Oklahoma must begin airing pre-filing license renewal announcements on December 1, 2012. License renewal applications for these stations, and for in-state FM translator stations, are due by February 1, 2013.
    November 2012
    Broadcast Station EEO Advisory
    Author: Lauren Lynch Flick
    This Broadcast Station Advisory is directed to radio and television stations licensed to communities in Alabama, Colorado, Connecticut, Georgia, Maine, Massachusetts, Minnesota, Montana, New Hampshire, North Dakota, Rhode Island, South Dakota, and Vermont, and highlights the upcoming deadlines for compliance with the FCC’s EEO Rule.
    October 2012
    FCC Enforcement Monitor
    Authors: Scott R. Flick, Lauren A. Birzon
    Headlines:

    • FCC Takes Action against Illegal Jamming Devices
    • Unlicensed Transmitter Gets Renter into Trouble

    October 2012
    FCC Releases Proposals for Broadcast Spectrum Incentive Auctions
    Authors: Paul A. Cicelski, Scott R. Flick
    The FCC released its long-awaited Notice of Proposed Rulemaking (NPRM) to begin the process of auctioning and repurposing broadcast television spectrum for mobile broadband use. Comments are due on December 21, 2012, and reply comments are due on February 19, 2013.
    10/16/2012
    Drawing the Line Online: Employers’ Rights to Employees’ Social Media Accounts
    Authors: Julia E. Judish, Thomas N. Makris, Amy L. Pierce, James G. Gatto
    With the unprecedented popularity of social media, employees have increasingly used LinkedIn and other online forums to network for business and social purposes. When the line between personal and business use is blurred, litigation may ensue. A federal court recently ruled that an employer did not violate federal computer hacking laws by accessing and altering its recently departed CEO’s LinkedIn account, but that the former CEO could proceed to trial on her state law misappropriation claim. In addition, California, Illinois, and Massachusetts recently joined Maryland in enacting laws prohibiting the practice of requesting access to prospective employees’ password-protected social media accounts.
    October 2012
    2012 Third Quarter Issues/Programs List Advisory for Broadcast Stations
    Author: Scott R. Flick
    The next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ public inspection files by October 10, 2012, reflecting information for the months of July, August, and September 2012.
    October 2012
    2012 Third Quarter Children’s Television Programming Documentation
    Author: Lauren Lynch Flick
    The next Children’s Television Programming Report must be filed with the FCC and placed in stations’ public inspection files by October 10, 2012, reflecting programming aired during the months of July, August, and September 2012.
    September 2012
    FCC Enforcement Monitor
    Authors: Scott R. Flick, Lauren A. Birzon
    Headlines:
    • FCC Follows Up a $25,000 Fine With a $236,500 Fine
    • Two Tower Owners Fined for Fading Paint

    September 2012
    Broadcast Station EEO Advisory
    Author: Lauren Lynch Flick
    This Broadcast Station Advisory is directed to radio and television stations licensed to communities in Alaska, American Samoa, Florida, Guam, Hawaii, Iowa, the Mariana Islands, Missouri, Oregon, Puerto Rico, Saipan, the Virgin Islands, and Washington, and highlights the upcoming deadlines for compliance with the FCC’s EEO Rule.
    September 2012
    Biennial Ownership Reports are due by October 1, 2012 for Noncommercial Radio Stations in Iowa and Missouri, and Noncommercial Television Stations in Alaska, American Samoa, Florida, Guam, Hawaii, the Mariana Islands, Oregon, Puerto Rico, Saipan, the Virgin Islands, and Washington
    Author: Lauren Lynch Flick
    The staggered deadlines for filing Biennial Ownership Reports by noncommercial radio and television stations remain in effect and are tied to each station’s respective license renewal filing deadline.
    September 2012
    Pre-Filing and Post-Filing License Renewal Announcement Reminder for Radio Stations in Colorado, Minnesota, Montana, North Dakota, and South Dakota
    Author: Lauren Lynch Flick
    Full power commercial and noncommercial radio stations and LPFM stations licensed to communities in Colorado, Minnesota, Montana, North Dakota, and South Dakota must begin airing pre-filing license renewal announcements on October 1, 2012. License renewal applications for these stations, and for in-state FM translator stations, are due by December 1, 2012.
    September 2012
    Pre-Filing and Post-Filing License Renewal Announcement Reminder for TV Stations in Alabama and Georgia
    Author: Lauren Lynch Flick
    TV, Class A TV, and certain LPTV stations licensed to communities in Alabama and Georgia must begin airing pre-filing license renewal announcements on October 1, 2012. License renewal applications for these stations and in-state TV translator stations are due by December 1, 2012.
    August 2012
    FCC Enforcement Monitor
    Authors: Scott R. Flick, Lauren A. Birzon
    Special Issue: Recent FCC Actions Provide a Detailed (and Expensive) Look at Section 73.1206, the Prohibition on Recording Telephone Calls for Broadcast

    July 2012
    FCC Enforcement Monitor
    Authors: Scott R. Flick, Lauren A. Birzon
    Headlines:
    • FCC Assesses $68,000 in Fines for Unauthorized STL Operations
    • EAS Failures Lead to $8,000 Fine

    July 2012
    Preparing to Post Your Full-Power or Class A Television Station Public Inspection and Political Files on the FCC’s Website
    Authors: Richard R. Zaragoza, Lauren Lynch Flick, Paul A. Cicelski
    While most broadcasters have only seen a demonstration of the FCC’s new online Public Inspection File database, they must begin to use it in just one week’s time. Advance preparations and a good understanding of the filing requirements are needed to minimize the impact of this dramatic shift in the FCC’s rules on television broadcasters’ operations.
    July 2012
    Biennial Ownership Reports are due by August 1, 2012 for Noncommercial Radio Stations in Illinois and Wisconsin, and Non-commercial Television Stations in California, North Carolina, and South Carolina
    Authors: Lauren Lynch Flick, Christine A. Reilly
    The staggered deadlines for filing Biennial Ownership Reports by noncommercial radio and television stations remain in effect and are tied to each station’s respective license renewal filing deadline.
    July 2012
    Broadcast Station EEO Advisory
    Authors: Lauren Lynch Flick, Christine A. Reilly
    This Broadcast Station Advisory is directed to radio and television stations licensed to communities in California, Illinois, North Carolina, South Carolina, and Wisconsin, and highlights the upcoming deadlines for compliance with the FCC’s EEO Rule.
    July 2012
    Cable and Satellite Royalty Claims Due to the Copyright Royalty Board by July 31, 2012
    Authors: Scott R. Flick, Lauren Lynch Flick
    This advisory is directed to television stations with locally-produced programming whose signals were carried by at least one cable system located outside the station’s local service area or by a satellite provider that provided service to at least one viewer outside the station’s local service area during 2011. These stations may be eligible to file royalty claims for compensation with the United States Copyright Royalty Board. These filings are due by Tuesday, July 31, 2012 at 5:00pm (EDT).
    July 2012
    Pre-Filing and Post-Filing License Renewal Announcement Reminder for TV Stations in Florida, Puerto Rico, and the Virgin Islands
    Authors: Lauren Lynch Flick, Christine A. Reilly
    TV, Class A TV, and certain LPTV stations licensed to communities in Florida, Puerto Rico, and the Virgin Islands must begin airing pre-filing license renewal announcements on August 1, 2012. License renewal applications for these stations and in-state TV translator stations are due by October 1, 2012.
    July 2012
    Pre-Filing and Post-Filing License Renewal Announcement Reminder for Radio Stations in Iowa and Missouri
    Authors: Lauren Lynch Flick, Christine A. Reilly
    Full power commercial and noncommercial radio stations and LPFM stations licensed to communities in Iowa and Missouri must begin airing pre-filing license renewal announcements on August 1, 2012. License renewal applications for these stations, and for in-state FM translator stations, are due by October 1, 2012.
    June 2012
    FCC Enforcement Monitor
    Authors: Scott R. Flick, Lauren A. Birzon
    Headlines:
    • Long-Term Violation of an FCC Order Leads to $25,000 Forfeiture
    • FCC Issues $10,000 Fines for Obstruction Lighting Violations

    June 2012
    2012 Second Quarter Children's Television Programming Documentation
    Authors: Lauren Lynch Flick, Christine A. Reilly
    The next Children's Television Programming Report must be filed with the FCC and placed in stations' local public inspection files by July 10, 2012, reflecting programming aired during the months of April, May, and June 2012.
    June 2012
    2012 Second Quarter Issues/Programs List Advisory for Broadcast Stations
    Authors: Scott R. Flick, Christine A. Reilly
    The next Quarterly Issues/Programs List ("Quarterly List") must be placed in stations' local inspection files by July 10, 2012, reflecting information for the months of April, May, and June 2012.
    6/11/2012
    Employ Me, Don’t Friend Me: Privacy in the Age of Facebook
    Authors: Julia E. Judish, Amy L. Pierce, Meighan E. O'Reardon, James G. Gatto
    With the unprecedented popularity of social media, individuals have increasingly been willing accomplices in undermining their own privacy. Few would have predicted that millions of people would voluntarily log onto the Internet and share detailed private information about themselves, their friends, family and employers. Users of social media have implemented varying privacy safeguards from unrestricted blogs to Facebook posts limited to a customized list of friends. Even those who seek privacy, however, must contend with a growing practice by employers and others of requesting access to password-protected social media accounts. Social media users have lost jobs and educational opportunities as a result of the increased scrutiny of these private postings. Maryland recently became the first state to enact a law prohibiting this practice; several other states and the U.S. Senate and House have similar legislation under review.
    May 2012
    FCC Enforcement Monitor
    Authors: Scott R. Flick, Lauren A. Birzon
    Headlines:
    • FCC Fines Noncommercial Educational Station $12,500 for Ads
    • Public Inspection File Violations Lead to Three Short Term License Renewals
    • Main Studio Violations and Unauthorized Operations Garner $21,500 Fine

    May 2012
    Biennial Ownership Reports are due by June 1, 2012 for Noncommercial Radio Stations in Michigan and Ohio, and for Noncommercial Television Stations in Arizona, the District of Columbia, Idaho, Maryland, Nevada, New Mexico, Utah, Virginia, West Virginia, and Wyoming
    Authors: Lauren Lynch Flick, Christine A. Reilly
    The staggered deadlines for filing Biennial Ownership Reports by noncommercial radio and television stations remain in effect and are tied to each station’s respective license renewal filing deadline.
    May 2012
    Pre-Filing and Post-Filing License Renewal Announcement Reminder for TV Stations in North Carolina and South Carolina
    Authors: Lauren Lynch Flick, Scott R. Flick
    TV, Class A TV, LPTV, and TV translator stations licensed to communities in North Carolina and South Carolina must begin airing pre-filing license renewal announcements on June 1, 2012. License renewal applications for these stations are due by August 1, 2012.
    May 2012
    Broadcast Station EEO Advisory
    Authors: Lauren Lynch Flick, Christine A. Reilly
    This Broadcast Station Advisory is directed to radio and television stations licensed to communities in Arizona, the District of Columbia, Idaho, Maryland, Michigan, Nevada, New Mexico, Ohio, Utah, Virginia, West Virginia, and Wyoming, and highlights the upcoming deadlines for compliance with the FCC’s EEO Rule.
    May 2012
    Pre-Filing and Post-Filing License Renewal Announcement Reminder for Radio Stations in Illinois and Wisconsin
    Authors: Lauren Lynch Flick, Christine A. Reilly
    Full power commercial and noncommercial radio stations and LPFM stations licensed to communities in Illinois and Wisconsin must begin airing pre-filing license renewal announcements on June 1, 2012. License renewal applications for these stations, and for in-state FM translator stations, are due by August 1, 2012.
    April 2012
    FCC Enforcement Monitor
    Authors: Scott R. Flick, Lauren A. Birzon
    Headlines:
    • The FCC's $10,000 fines for items missing from the public inspection file continue
    • License cancellation no obstacle to FCC proposing $18,000 fine against former broadcaster

    April 2012
    Political Broadcasting Advisory
    Authors: Scott R. Flick, Clifford M. Harrington, Lauren Lynch Flick, Miles S. Mason, Richard R. Zaragoza, Paul A. Cicelski, John K. Hane, Christine A. Reilly, Lauren A. Birzon, Andrew S. Kersting

    Introduction

    Ten years after adoption of the Bipartisan Campaign Reform Act (“BCRA”) of 2002, popularly known as “McCain-Feingold,” Congress’ and the FCC’s interest in political broadcasting and political advertising practices remains undiminished. Broadcast stations must ensure that a broad range of federal mandates are met, providing “equal opportunities” to all candidates using the stations facilities, affording federal candidates for public office “reasonable access” and treating all candidates for public office no less favorably than the station treats its most favored advertisers. Accordingly, it is imperative that broadcasters be very familiar with what is expected of them in this regulatory area, that they have adequate policies and practices in place to ensure full compliance, and that they remain vigilant to legislative, FCC, and FEC changes in the law.
    March 2012
    2012 First Quarter Issues/Programs List Advisory for Broadcast Stations
    Authors: Scott R. Flick, Christine A. Reilly
    The next Quarterly Issues/Programs List ("Quarterly List") must be placed in stations' local inspection files by April 10, 2012, reflecting information for the months of January, February, and March 2012.
    March 2012
    2012 First Quarter Children's Television Programming Documentation
    Authors: Lauren Lynch Flick, Christine A. Reilly
    The next Children's Television Programming Report must be filed with the FCC and placed in stations' local public inspection files by April 10, 2012, reflecting programming aired during the months of January, February, and March 2012.
    March 2012
    Broadcast Station EEO Advisory
    Authors: Lauren Lynch Flick, Christine A. Reilly
    This Broadcast Station EEO Advisory is directed to radio and television stations licensed to communities in Delaware, Indiana, Kentucky, Pennsylvania, Tennessee and Texas, and highlights the upcoming deadlines for compliance with the FCC’s EEO Rule.
    March 2012
    Pre-Filing and Post-Filing License Renewal Announcement Reminder for Radio Stations in Michigan and Ohio
    Authors: Lauren Lynch Flick, Christine A. Reilly
    Full power commercial and noncommercial radio stations and LPFM stations licensed to communities in Michigan and Ohio must begin airing pre-filing license renewal announcements on April 1, 2012. License renewal applications for these stations, and for in-state FM translator stations, are due by June 1, 2012.
    March 2012
    Biennial Ownership Reports are due by April 2, 2012 for Noncommercial Radio Stations in Delaware, Indiana, Kentucky, Pennsylvania, and Tennessee, and for Noncommercial Television Stations in Texas
    Authors: Lauren Lynch Flick, Christine A. Reilly
    The staggered deadlines for filing Biennial Ownership Reports by noncommercial radio and television stations remain in effect and are tied to each station’s respective license renewal filing deadline.
    March 2012
    Pre-Filing and Post-Filing License Renewal Announcement Reminder for TV Stations in Maryland, Virginia, West Virginia, and Washington DC
    Authors: Scott R. Flick, Lauren Lynch Flick
    TV, Class A TV, LPTV, and TV translator stations licensed to communities in Maryland, Virginia, West Virginia, and Washington DC must begin airing pre-filing license renewal announcements on April 1, 2012. License renewal applications for these stations are due by June 1, 2012.
    February 2012
    FCC Enforcement Monitor
    Authors: Scott R. Flick, Christine A. Reilly
    Headlines:
    • Inadequate Sponsorship ID Ends with $44,000 Fine
    • Unattended Main Studio Fine Warrants Upward Adjustment
    • $16,000 Consent Decree Seems Like a Deal
    January 2012
    FCC Enforcement Monitor
    Authors: Scott R. Flick, Christine A. Reilly
    Headlines:
    • Failure to Refresh Tower Paint Garners $8,000 Fine
    • FCC Levies $25,000 Fine for Failure to Respond
    • $85,000 Consent Decree Terminates Investigation Into Unauthorized Transfers of Control
    1/27/2012
    Reminder: Annual Minimum Fee Statements for Streaming Due to SoundExchange by January 31, 2012
    Authors: Lauren Lynch Flick, Lauren A. Birzon
    Certain stations must also file proxy paperwork and additional fee to avoid usage reporting for the year.

    1/26/2012
    FCC Sets Comment Dates for Broadcast Ownership Rule Review
    Authors: Scott R. Flick, Lauren Lynch Flick
    The Comment and Reply Comment dates have been set for the FCC's Notice of Proposed Rulemaking in the Congressionally-mandated Quadrennial Regulatory Review of the FCC's broadcast ownership rules. Comments are due on March 5, 2012 and Reply Comments are due on April 3, 2012.
    1/19/2012
    Supreme Court Settles Jurisdiction Question Under Telephone Consumer Protection Act
    Authors: Andrew D. Bluth, Lauren Lynch Flick, John S. Poulos
    The U.S. Supreme Court has unanimously held that actions brought by private citizens under the Telephone Consumer Protection Act (TCPA) can be heard in either state or federal court, despite language in the statute which most appellate courts had previously interpreted as limiting such claims to state courts. In Mims v. Arrow Financial Services LLC, the Supreme Court resolved the circuit split, ruling that the language of the statute regarding state court jurisdiction is permissive, not mandatory, and insufficient to divest federal courts of jurisdiction over this federal law.

    January 2012
    2012 Broadcasters' Calendar
    Authors: Paul A. Cicelski, Scott R. Flick, Lauren Lynch Flick, Richard R. Zaragoza, Christine A. Reilly, Lauren A. Birzon
    Items of Note in 2012

    I. Applications for Renewal of License: The three year long license renewal cycle for broadcast stations in radio services (AM, FM, FM Translator) which began on June 1, 2011 continues in 2012. Licensees in the television services will begin the license renewal process in 2012, starting with television, Class A, LPTV, and TV translator stations located in Maryland, Virginia, West Virginia, and Washington, D.C., whose license renewal applications must be filed by June 1, 2012. The date on which a station's license renewal application is due depends on the state or territory in which its community of license is located. All licensees should familiarize themselves now with the dates associated with this important filing, including the dates on which public notice announcements must air in advance of the license renewal filing; the filing date itself, which is approximately four months before the date of license expiration; and the dates on which post-filing announcements must air.

    December 2011
    FCC Enforcement Monitor
    Authors: Scott R. Flick, Christine A. Reilly
    Headlines:
    • Failure to Monitor and Repair EAS Equipment Nets $8,000 Fine
    • Fines for Late-filled License Renewals Continue
    • $25,000 Fine for Failure to Answer FCC Correspondence
    November 2011
    FCC Enforcement Monitor
    Authors: Scott R. Flick, Christine A. Reilly
    Headlines:
    • Malfunctioning Monitor Costs Broadcaster $10,000
    • FCC Fines Tower Owner $13,000 For Lighting and Ownership Issues
    November 2011
    Annual DTV Ancillary/Supplementary Services Report Due for Commercial and Noncommercial Digital Television Stations
    Authors: Lauren Lynch Flick, Paul A. Cicelski
    All commercial and noncommercial educational digital television broadcast station licensees and permittees must file FCC Form 317 by December 1, 2011.

    November 2011
    Details, Details, Details: Reading Between the Lines of the FCC's Online Public Inspection File Rulemaking
    Authors: Lauren Lynch Flick
    Beyond ensuring broader access to station information, the proposed rules seek to create searchable databases and information repositories for researchers and advocates worldwide, providing a powerful weapon to influence on-air content and monitor local broadcasters' operations.

    Comments to the FCC are due December 22, 2011, with Reply Comments due January 6, 2012. In addition, comments concerning the proposals' impact under the Paperwork Reduction Act are due at the Office of Management and Budget by January 23, 2012.
    11/4/2011
    Telecom Monitor
    Authors: Glenn S. Richards, Christine A. Reilly
    The Commission's Implementation of the Twenty-First Century Communications and Video Accessibility Act of 2010 Initiates a Two-Year Deadline for Providers of Advanced Communications Services and Manufacturers of Equipment Used in Advanced Communications Services to Comply with Disabilities Access Requirements.
    October 2011
    FCC Enforcement Monitor
    Authors: Scott R. Flick, Christine A. Reilly
    Headlines:

    • Cable Operator Subject to $25,000 Fine for EAS and Signal Leakage Violations
    • Late-filed Renewals Garner $26,000 Fine
    10/7/2011
    While Suing Large Radio Station Groups, Patentholder Seeks 'Voluntary' License Fee Agreements with Smaller Station Owners
    Authors: William P. Atkins, Richard R. Zaragoza
    In recent months, the owners of radio stations throughout the country have received letters from representatives of Mission Abstract Data, L.L.C., d/b/a DigiMedia (“MAD”), encouraging them to enter into patent license fee agreements with the company. MAD’s letter points out that it has sued some of the nation’s largest radio group owners. Undoubtedly, MAD will use the monies derived from the license fee agreements to help fund the current litigation as well as to demonstrate the “legitimacy” of its patent holdings. This Advisory is intended to provide radio stations with important background information on the case and to identify factors that may come into play as station owners consider the risks, as well as the options, available to them.
    September 2011
    FCC Enforcement Monitor
    Authors: Scott R. Flick, Christine A. Reilly
    Headlines:
    • Low Power Broadcaster’s Defiance Results in $7,000 Upward Adjustment
    • Unauthorized Post-Sunset Operations Lead to $4,000 Fine for AM Station
    August 2011
    FCC Enforcement Monitor
    Authors: Scott R. Flick, Christine A. Reilly
    Headlines:
    • Late-Filed License Application Garners $7,000 Fine
    • FCC Fines Noncommercial Broadcaster $5,000 for Alien Ownership Violation
    8/15/2011
    FCC Sets September 14, 2011 as the Deadline for Payment of FY 2011 Annual Regulatory Fees
    Authors: Richard R. Zaragoza, Christine A. Reilly
    The FCC has announced that full payment of all applicable Regulatory Fees for Fiscal Year 2011 must be received no later than September 14, 2011.
    8/10/2011
    Special Advisory for Commercial and Noncommercial Broadcasters: Meeting the Radio and Television Public Inspection File Requirements
    Authors: Scott R. Flick, Lauren Lynch Flick
    This Advisory is designed to help commercial and noncommercial radio and television stations comply with the FCC’s public inspection file rules. See 47 C.F.R. §§ 73.3526 and 73.3527. This Advisory tracks the public access, content, retention and organizational requirements of those regulations. Previous editions of this Advisory are obsolete, and should not be relied upon.
    July 2011
    FCC Enforcement Monitor
    Authors: Scott R. Flick, Christine A. Reilly
    Headlines:
    • FCC Increases Fine to $25,000 for Main Studio and Public File Violations
    • FCC Reaffirms $10,000 Public File Violation Against Student-Run Noncommercial FM Station
    7/21/2011
    Cable and Satellite Royalty Claims Due to be filed with Copyright Royalty Board by August 1, 2011
    Authors: Scott R. Flick, Lauren Lynch Flick
    This advisory is directed to television stations with locally-produced programming whose signals were carried by at least one cable system located outside the station's local service area or by a satellite provider which provided service to at least one viewer outside the station's local service area during 2010. Such stations may be eligible to file royalty claims for compensation with the United States Copyright Royalty Board in Washington, DC. These filings are due by Monday, August 1, 2010 at 5pm (EDT) because the customary deadline of July 31 falls on a weekend.
    7/14/2011
    Consumer Suffered No Injury By Paying Tax on Retail Value of Discounted Cell Phone
    Authors: Christine A. Scheuneman, Lauren Lynch Flick, Amy L. Pierce
    California's Second District Court of Appeal, affirming the trial court's dismissal of Jessica Bower's class action complaint, concluded that Bower alleged "at the most a conjectural or hypothetical injury, not an injury in fact" by claiming she was deceived when she was told she had to pay the advertised sale price for a cell phone plus tax on the phone's retail value. The Bower decision helps define when a consumer has alleged an injury under California's consumer protection statutes and confirms that Regulation 1585(b)(3)"reflects California's general policy imposing sales tax on the retailer and permitting the retailer to collect sales tax reimbursement from the consumer.”
    7/6/2011
    2011 Second Quarter Issues/Programs List Advisory for Broadcast Stations
    Authors: Scott R. Flick, Christine A. Reilly
    The next Quarterly Issues/Programs List ("Quarterly List") must be placed in stations' local public inspection files by July 10, 2011, reflecting information for the months of April, May and June, 2011.
    7/6/2011
    2011 Second Quarter Children's Television Programming Documentation
    Authors: Lauren Lynch Flick, Christine A. Reilly
    The next Children's Television Programming Report must be filed with the FCC and placed in stations' local Public Inspection Files by July 10, 2011, reflecting programming aired during the months of April, May and June, 2011.
    4/16/2013
    Ownership Limits Shackle Local Broadcasting
    Source: TVNewsCheck
    Author: John K. Hane
    In this article, Pillsbury communications counsel John Hane argues that “unless it can find a way to make all of the other players in the television industry smaller, the FCC should throw off archaic broadcast ownership regulations that skew the market against the only television service that is free to Americans who don’t want to pay.”
    February 7, 2013
    Next TV Standard Must Be Truly Universal
    Source: TVNewsCheck
    Author: John K. Hane
    What if you could buy a 50-inch television, mount it anywhere in your house, and receive dozens of channels on it for free and without any futzing around? What if most or all broadcast signals, in their native form, were easily receivable on tablets and smartphones?
    5/11/2012
    I Know What You Watched Last Summer
    Source: Law360
    Authors: Christine A. Scheuneman, Catherine D. Meyer, Lauren Lynch Flick, Amy L. Pierce, Jennifer So

    This Client Alert was republished in Law360 on May 11, 2012.

    The Northern District of California continues the series begun by the Seventh Circuit in Sterk v. Redbox Automated Retail LLC, against class actions brought under the federal Video Privacy Protection Act and seeking lucrative liquidated damages simply because a "video tape service provider" retains records of customers' video purchases and rentals past the one-year cut-off.

    Pillsbury
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