Members of the NYSBA Board of Directors and Futures Committee attended the NAB’s State Leadership Conference last week. We want to thank all those who survived our grueling schedule. Over a two-day period, we met with 22 members of the New York Congressional delegation. Our key focus was to oppose the imposition of a new copyright performance tax on radio …

As we have previously reported, the Biden Administration once again nominated activist and former FCC official Gigi Sohn to a position on the Federal Communications Commission. Those efforts have ended as the White House has withdrawn her name from consideration. In asking that her name be withdrawn, Ms. Sohn stated: “Last night after discussions with my family and careful consideration, …

Last year the Copyright Royalty Board (CRB) issued a decision regarding webcasting royalties for 2021-2025. The decision raised rates for stations. Importantly, the rates applied to all noninteractive webcasters such as broadcasters who are simulcasting their over-the-air signals on the Internet The per-performance royalty increased to $.0021 for non-subscription streams, up from $.0018.  For subscription streams, the fee increases to …

As we go to press, the Senate Commerce Committee is considering President Biden’s controversial nominee, Gigi Sohn, to fill the last seat on the FCC. This has been a rough hearing for the nominee. Republicans are strongly opposing her nomination. At the present time, the FCC has two democrats and two republicans. The stalemate keeps the FCC from making significant …

On February 3, 2023, Congresswoman Elise Stefanik (R-NY), re-introduced the “Foreign Adversary Communications Transparency Act,” also known as the FACT Act. According to Rep. Stefanik: “Specifically, this bill would provide critical telecommunications transparency by requiring the Federal Communications Commission (FCC) to publish a list of companies who hold FCC authorizations, licenses, or other grants of authority with over 10% or …

As you know, Federal law still prohibits local stations from accepting cannabis advertisements. This is true even though these businesses are licensed by New York State.  We are still working on this issue at the federal level. At the same time, the New York State Office of Cannabis Management is proposing to enact overly restrictive cannabis advertising rules. If federal …

The FCC is proposing to fine Fox Corporation (and others) $504,000 for allegedly violating Section 11.45(a) of the FCC’s rules, which prohibits false or deceptive emergency alert system (EAS) codes or EAS Attention Signals. According to the Notice of Apparent Liability, on November 28, 2021, Fox transmitted a three-second excerpt of the EAS Tones during a Fox National Football League …

As part of the PIRATE Act, the FCC must issue an annual report to Congress regarding its enforcement against illegal pirate radio stations in the country. The FCC just released its annual report.  Unfortunately, COVID and lack of funding have delayed much of the pirate enforcement over the past few years. Frankly, it is not much of a report. Last …

Just a reminder that stations cannot use the term “Super Bowl” in any advertising, promotions, or contests without permission from the NFL. The NFL has copyrighted the name and will litigate if the name is used without permission. As noted, communications attorney David Oxenford stated in his recent blog: “Given the value of the Super Bowl franchise, it is not …

The FCC has recently published a database on pirate radio activity. Publication of the date is required under the Pirate Act. According to the data, the FCC has acted against 18 illegal pirate operations in New York since 2020. As expected, New York tops the list of illegal pirate radio activity in the country. The low number of enforcement actions …