News & Analysis as of

Managers: Be Sure You Know All FCC Rules

On July 4, PBS-affiliated television stations nationwide purported to show live fireworks from the Mall in Washington, DC, without directly informing viewers that they were instead showing “a combination of the best fireworks...more

Blink and You Missed It: Stage 2 of the Incentive Auction Ends

With great anticipation, the Stage 2 Forward Auction commenced at 10am this morning. It officially ended at 12:14pm, when the FCC announced: Bidding in the forward auction has concluded for Stage 2 without meeting the...more

What the NFL’s Ratings Swoon Says to Professional Services Marketers

If you ever doubted that the media landscape is shifting, you only need to look at the reports that the NFL, the mightiest-of-mighty media properties, is experiencing a large dip in viewership. Through the first five weeks of...more

Try, Try Again: Stage 2 Reverse Auction Concludes at $54.6B

The FCC has announced the conclusion of the Stage 2 Reverse Auction, moving the spotlight from the broadcasters willing to relinquish 114 MHz of their spectrum to the bidders in the forward auction hoping to buy it. ...more

Newsgathering Drones Take Flight

The era of newsgathering drones is upon us. Since new Federal Aviation Administration rules allowing limited commercial operation of drones (also known as unmanned aircraft systems or UAS) weighing 55 lbs. or less took...more

TCPA FCC Petitions Tracker

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more

FCC Liberalizes Rules for Foreign Investment in U.S. Broadcast Licensees

On September 30, 2016, the FCC adopted an order designed to liberalize and streamline the foreign ownership review process for broadcast licensees (the “Broadcast Liberalization Order”). Section 310(b) of the Communications...more

FCC Seeks Comment on Proposed Incentive Auction Station Repack Plan

On September 30, 2016, the FCC issued a 51-page Public Notice describing the FCC’s proposed plan to repack broadcast television stations over a 39-month transition period subsequent to the completion of the incentive auction....more

Keep Calm and Broadcast On: Broadcasters as Hurricane First Responders

While some debate endlessly which content best serves the public interest, there is universal agreement that the content broadcasters air during emergencies is vital to their communities. Whether it comes in the form of...more

FCC Enforcement Monitor ~ September 2016

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:...more

Broadcast Issues/Programs Lists Due; Online Public File Reminder; Children’s Programming; Commercial Limits; and Class A TV...

By October 10, 2016, all radio and television broadcast stations, both commercial and noncommercial, must prepare a list of important issues facing their communities of license, and the programs aired during July, August and...more

Updating EU Copyright Law in Digital Times

On September 14, 2016, the European Commission (Commission) presented the Copyright reform, a legislative “Package” to promote a “more competitive European copyright-based economy in the Digital Single Market” (DSM). In...more

ITV & Others v TVCatchup – Advocate General’s opinion makes light work of Court of Appeal’s uncertainty as to the meaning of...

In the previous installment of this dispute, the UK Court of Appeal (CA) referred questions to the Court of Justice of the European Union (CJEU) on the meaning of the expression ‘access to cable of broadcasting services’ used...more

Re-writing the copyright rulebook: analysing the European Commission’s copyright reform proposals

More than a year after the Commission announced its Digital Single Market (DSM) Strategy, the Commission continues to press ahead in delivering concrete proposals. The latest – and arguably most significant yet – are its...more

European Commission Adopts New EU Copyright Rules

The Commission’s proposals aim to reform EU Copyright laws as part of its package of proposals towards an EU Digital Single Market. On 14 September 2016 the European Commission (the Commission) adopted new proposals for...more

FCC Media Bureau Clarifies Broadcasters’ Negotiation Remedies

Negotiations between television channels/networks and pay TV operators are a breed apart.  The stakes are high and the consequence of failure – a “dark” screen – is all too public. But the critical factor that sets...more

September 27 Is the Deadline for 2016 Regulatory Fees

Just before the Labor Day weekend, the FCC issued its Report and Order launching the annual regulatory fee payment process for Fiscal Year 2016. The FCC has also opened the “Fee Filer” system that must be used to pay...more

FCC Takes a Mulligan, Announces September 13 as the Start Date for Stage 2 of the Spectrum Auction

Perhaps indicating that the rapid conclusion of Stage 1 of the Incentive Auction was not a surprise to the FCC, the Commission moved with lightning speed to announce that Stage 2 of the auction will commence on September 13...more

Incentive Auction Stage 1 Falls ($66 Billion) Short of the Target—On to the Next One!

You can almost hear Agent Maxwell Smart’s trademark “Missed it by that much!” The FCC quietly announced just after C.O.B. today that “[b]idding in the forward auction has concluded for Stage 1 without meeting the final stage...more

New Rules Impact PEG Access Stations’ Responsibilities Regarding Closed Captioning

Additional Reporting and Compliance Requirements - The Federal Communications Commission published a Final Rule in the Federal Register on Tuesday, imposing new reporting requirements on public, educational and...more

Just Play the Game: Sixth Circuit Says Student-Athletes Have No Right of Publicity in Game Broadcasts

In a short, sharp opinion filed August 17, 2016, a three-judge panel on the Sixth Circuit Court of Appeals affirmed dismissal of a class action lawsuit brought by ten former college athletes asserting they were entitled to...more

NFL Must Play Good Defense In DirectTV Sunday Ticket Deal Row

Greenberg Glusker entertainment and sports partner Glen A. Rothstein, was quoted in a Law360 article, “NFL Must Play Good Defense In DirectTV Sunday Ticket Deal Row,” (subs. required). The August 18, 2016, article looks at...more

Digital Single Market Update: The European Commission’s Proposal to Revise the Audiovisual Media Services Directive

The European Commission has proposed legislation in the EU to provide a uniform legal and competition framework for video-streaming services provided via the Internet. The regime includes changes to advertising, the...more

EU & Competition Law Update – August 2016

EU: Regulatory Scrutiny of Online Hotel Booking Continues - The 13 July 2016 saw the Competition and Markets Authority (CMA) announce that it had sent a questionnaire to a large sample of hotels throughout the UK. As...more

Media, Sport and Entertainment Intelligence - August 2016

The Rio 2016 Summer Olympics have been dominating the headlines worldwide for a number of reasons, ranging from broadcasting options, including virtual reality, through to doping accusations. Some of these issues are as yet...more

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