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The FCC Has Written Good Contest Rules, Now You Should Too

The FCC’s new Licensee-Conducted Contest Rule became effective this past Friday.  Under the new rule, a broadcast licensee conducting a contest still has the obligation to disclose the material terms of the contest “fully and accurately” and to conduct the contest substantially as announced.  However, as we wrote last September, the…

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FCC Doesn’t Back Down on $1.4 Million in Fines Against Viacom and ESPN for False EAS Tones

I wrote in March of last year that the FCC had proposed fines of $1,120,000 against Viacom, $530,000 against NBCUniversal, and $280,000 against ESPN for airing ads for the movie Olympus Has Fallen that promoted the movie with an EAS alert tone. Seven Viacom cable networks aired the spot a…

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FCC Enforcement Monitor

Pillsbury’s communications lawyers have published FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others. This month’s issue includes: Sponsorship Identification Violation Yields $115,000 Civil Penalty $13,000 Increase in Fine Upheld for Deliberate and Continued Operation at Unauthorized Location…

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FCC Announces New End Date for JSA Grandfathering

The FCC announced in March of this year that it would begin treating TV Joint Sales Agreements between two local TV stations involving more than 15% of a station’s advertising time as an attributable ownership interest. However, it also announced at that time that it would provide parties to existing…

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FCC Moves Quickly to Reject Political Ad Sponsorship ID Complaints

Broadcasters let out a small sigh of relief today when the FCC made clear there is no requirement that TV stations have private investigators on staff. With TV stations’ political files now available online, three political activist organizations have been jointly filing complaints against TV stations alleging various errors and…

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The Supreme Court Giveth Where the FCC Taketh Away

After Monday’s FCC meeting left television broadcasters facing higher expenses and lower revenues by restricting the use of Joint Sales Agreements and joint retransmission negotiations, broadcasters were due for some good news. Where the FCC is the bearer of bad news, it has often fallen to the courts to be…

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Big Fines for False EAS Tones Demonstrate the Need for a Good Indemnification Clause

There was quite a stir today when the FCC, despite being closed for a snow day, issued a Notice of Apparent Liability proposing very large fines against Viacom ($1,120,000), NBCUniversal ($530,000), and ESPN ($280,000) for transmitting false EAS alert tones. According to the FCC, all three aired an ad for…

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Marijuana Advertising: Don’t Get Fooled Again

It’s been three years since I first wrote about marijuana advertising here at CommLawCenter. Despite a head-spinning number of developments since then, including the legalization of recreational marijuana in Washington and Colorado, the answer to the question of whether broadcast stations can accept marijuana advertising is no clearer today than…

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FCC Prophecy on False EAS Alerts Comes True to the Tune of $200,000

Over the years, I’ve written numerous times about the FCC’s adverse reaction to advertisers seeking to make their ads more attention-getting through inclusion of an Emergency Alert System tone. The most recent was this past November, when the FCC proposed a $25,000 fine against Turner Broadcasting System, Inc. for an…

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FCC Reaches Tipping Point on False EAS Alerts

Over the years, I’ve written a number of times of the FCC’s concern about airing emergency sounds, from the siren blare telling you that Indiana Wants Me, to Emergency Alert System tones promoting the movie Skyline, to an actual EAS alert warning of the Zombie Apocalypse. Section 11.45 of the…