Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations.
- Payola on broadcast stations suddenly was in the news this past week. Early in the week, Senator Marsha Blackburn (R-TN) sent Chairman Carr a letter requesting that the FCC ban radio stations from asking musicians to play “free radio shows” (including “listener appreciation shows” or “charitable concert events”) in exchange for more airplay on stations or by threatening them with less airtime if they don’t participate.
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NMPA Calls for Takedowns of Spotify Podcasts Using Unlicensed Music – A Reminder to Podcasters of the Perils of Music in Their Productions
For years, we have warned about the need to license music in podcasts – and how such licenses need to be obtained directly from copyright holders. We’ve noted demand notices sent to podcasters causing those podcasters to pull their programs from various distribution platforms (see, for instance, our articles here and here). We warned that,
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It’s Back! American Music Fairness Act Proposing New Music Royalties for Over-the-Air Broadcasting Introduced in the New Congress
Last week, U.S. Senators Marsha Blackburn (R-Tenn.), Alex Padilla (D-Calif.), Thom Tillis (R-N.C.), and Cory Booker (D-N.J.) introduced the American Music Fairness Act (see their Press Release for more details), with a companion bill to follow in the House. If adopted, this legislation would impose a new music royalty on over-the-air radio stations. The royalty would be payable to SoundExchange for the public performance of sound recordings.
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The AM for Every Vehicle Act Introduced in the New Congress – What Does It Provide?
The AM for Every Vehicle Act has been introduced in the new Congress after dying when the last session of Congress ended in December without it getting to a vote, despite having the announced support of a majority of both the House and Senate. Pending bills do not carry over to a new session of Congress. Thus, the bill had to be reintroduced in the current Congress – which it was last week by Senate co-sponsors Ed Markey (D-MA) and Ted Cruz (R-TX).
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This Week in Regulation for Broadcasters: January 27, 2025 to January 31, 2025
Here are some of the regulatory developments from the past week of significance to broadcasters, with links to where you can go to find more information as to how these actions may affect your operations.
- FCC Chairman Carr sent a letter to NPR and PBS announcing that he has asked the FCC’s Enforcement Bureau to open an investigation into whether their radio and television station affiliates have aired commercial advertisements.
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As FCC Chairman Announces an Investigation into Alleged PBS and NPR Advertising, a Look at the Underwriting Requirements for All Noncommercial Broadcast Stations
Yesterday, the new FCC Chairman Brendan Carr sent a letter to NPR and PBS announcing that he has asked the FCC’s Enforcement Bureau to launch an investigation into their advertising practices – suggesting without specifics that these entities had gone beyond the permitted underwriting announcements by airing prohibited advertisements for commercial products and services (Commissioner Starks and Gomez issued statements questioning the basis for this investigation).
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Washington State Court of Appeals Upholds $24.6 Million Penalty Against Meta for Not Meeting State Political Advertising Disclosure Requirements – A Warning to All Media Companies to Assess and Comply with State Political Disclosure Rules
Washington DC is not the only place where there are regulatory or political decisions made that affect broadcasters and advertising for candidates or political issues. We’ve written many times about state laws that govern the use of AI in political advertising, with more than 20 states already having laws on their books and more considering such legislation in legislative sessions this year (see our articles here and here).
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2025 Update on Super Bowl Advertising and Promotions
Mitchell Stabbe, our resident trademark law specialist, today takes his annual look at the legal issues in Super Bowl advertising and promotions (see some of his past articles here, here, and here). Take it away, Mitch:
As a life-long fan of the Baltimore Ravens (the life of the Ravens, not my life),
As a life-long fan of the Baltimore Ravens (the life of the Ravens, not my life),
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February 2025 Regulatory Dates for Broadcasters – EEO, Comment Deadlines, FM Duplication Rule, Political Windows, and More
While the new Republican-led FCC will no doubt tackle many policy issues in the upcoming months (see our article looking at some of the issues that we expect the FCC will address this year), there are also standard dates and deadlines in February to which broadcasters still need to pay attention. Here are some of those dates:
February 3 (as February 1 is a Saturday) is the deadline for radio and television station employment units in Arkansas,
February 3 (as February 1 is a Saturday) is the deadline for radio and television station employment units in Arkansas,
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This Week in Regulation for Broadcasters: January 20, 2025 to January 24, 2025
Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations.
- President Trump issued several Executive Orders that could affect FCC decision-making, including an Executive Order suspending government diversity, equity, and inclusion (DEI) initiatives;
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This Week in Regulation for Broadcasters: January 13, 2025 to January 17, 2025
Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations.
- The FCC’s Enforcement and Media Bureaus, under a new Docket opened by the Commission called “Preserving the First Amendment,” dismissed complaints by the Center for American Rights and other parties against TV stations owned by ABC,
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FCC Application Fees to Increase by About 17% – Get Your Applications on File Now Before the New Fees Go Into Effect
The FCC released an Order this week announcing an upcoming increase in application fees to be paid on any “feeable” application. For commercial broadcasters, that includes applications for technical changes in facilities, applications for assignments or transfers of control of broadcast companies and stations, license renewal applications, requests for Special Temporary Authority when a station is silent or not operating with its authorized facilities,
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