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…
Articles Posted in Programming Regulations
Comment Dates Set in FCC’s Heavily Anticipated MVPD Definition Proceeding
The press has been abuzz in recent months regarding the launch of various Internet-based video services and the FCC’s decision to revisit its current definition of Multichannel Video Programming Distributors (MVPDs). In December, the FCC released a Notice of Proposed Rulemaking (NPRM), seeking to “modernize” its rules to redefine what…
FCC Proposes to Clear Airwaves of Boring Contest Rules, But State Law Issues Remain
At its Open Meeting this morning, the FCC adopted a Notice of Proposed Rulemaking to “modernize” its station-conducted contest rule, which was originally adopted in 1976. The proposal would allow broadcasters to post the rules of a contest on any publicly accessible website. Stations would no longer have to broadcast…
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: $86,400 Fine for Unlicensed and Unauthorized BAS Operations Missing “E/I” Graphic for Children’s Television Programs Results in Fine Multiple Rule…
FCC Announces Grant of 700 Delayed Broadcast License Renewals
In a post today on the FCC’s Blog, Diane Cornell, Special Counsel to Chairman Wheeler, described the FCC’s efforts to reduce backlogs of applications, complaints, and other proceedings pending at the FCC. The post announces that the Consumer and Governmental Affairs Bureau has closed 760 docketed proceedings, and is on…
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…
FCC Enforcement Monitor
January 2014 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: FCC Admonishes Television Stations for “Host-Selling” to Children $7,500 Fine Imposed for Documents Missing From Public Inspection File…
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…
FCC Enforcement Monitor
November 2013 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: Multiple Indecency Complaints Result in $110,000 Payment $42,000 in Fines for Excessive Power, Wrong Directional Patterns and Incomplete…
DOJ Clears the Air on E-Cigarette Ads
One of the perennial challenges of being a broadcaster is determining what you can air, when you can air it, and how it must be aired without incurring the wrath of the federal government. While the FCC tends to be the federal agency most commonly encountered on content issues, various…