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Paying the Piper: Avoiding Payola/Plugola Violations and Minimizing Liability

August 2009 The volatile combination of broadcast employees concerned about their income and job security, and cash-strapped businesses looking for cheap and effective ways to promote themselves in difficult economic times, creates an unusually fertile ground for payola and plugola violations. Complicating matters are state efforts to prohibit “payola” activities…

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FY 2009 Annual Regulatory Fees’ Current Payment Deadline: September 22, 2009

August 2009 In its assessment letters to regulatees, the Commission has announced that full payment of all applicable Regulatory Fees for Fiscal Year 2009 must be received no later than September 22, 2009. On August 11, 2009, the final FY 2009 Annual Regulatory Fee Schedule was published in the Federal…

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Internet Radio Royalty Dispute Reaching End–For Now

Recent Settlements and Court Rulings Bring Clarity to Royalty Landscape 8/18/2009 The long-running battle over royalties owed by webcasters–companies that broadcast music over the Internet–took several significant leaps towards conclusion last month with important developments both inside and outside of the courtroom. Spurred by the Webcaster Settlement Act of 2009,…

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FCC Sets Annual Regulatory Fees for 2009; Payment Deadline Expected in September

August 2009 The FCC has released its final schedule of Annual Regulatory Fees for FY 2009. It is expected that those fees will become due and payable sometime in September. We will issue a further Client Advisory as soon as the Commission issues a Public Notice announcing the applicable deadline.…

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Latest 9th Circuit Decision on Wireless Facilities Leaves Key Questions Unanswered

8/4/2009 Practitioner comment on T-Mobile USA, Inc. v. City of Anacortes (No 08-35493, slip op. (9th Cir. July 20, 2009), available at 2009 WL 2138980). The Telecommunications Act of 1996 (“TCA”) was enacted with goals that were at once complementary and contradictory–to increase competition and facilitate rapid deployment of new…