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Kansas Association of Broadcasters October 19, 2015 David Oxenford Wilkinson Barker Knauer LLP.

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Presentation on theme: "Kansas Association of Broadcasters October 19, 2015 David Oxenford Wilkinson Barker Knauer LLP."— Presentation transcript:

1 Kansas Association of Broadcasters October 19, 2015 David Oxenford Wilkinson Barker Knauer LLP

2 There are Always Legal Issues….  The reality of the TV spectrum auction  AM improvement/FM translators  Music rights  Online Public File for Radio  Retransmission consent – network non- duplication, market modifications, good faith negotiations, and MVPD status for online video  Indecency back in the news  What other issues will arise?

3 Taking Your Spectrum  Incentive Auction coming next year – to be the crowning achievement of the current Chairman  Starting prices for incentive auction came out on Friday, with auction details, applications due by December 16  Lots of discussions about channel sharing  Auction will be starting in late March Major appeals done, biggest impediment is interest of wireless companies Don’t get caught bidding in the first round if you really are not interested  Remaining TV stations to be repacked over 39 months

4 What’s Up With AM Radio?  Likely rules changes on technical changes like ratchet rule and nighttime coverage requirements  Big issue that is slowing the decision– FM translators for AMs  Likely result is waiver process allowing AM owners to buy translators within 250 miles and move it to their community – on any channel that fits  Further issues to be looked at in the future including: Reduce skywave protection Cellularized AM All-digital operation  Rumor is that decision is written – may be out any day

5 Online Public File Coming for Radio  FCC initially was rushing through the proceeding  Comments filed – few opposed proposal to extend public file to radio and MVPDs  My prediction - likely to be adopted and effective by next summer – in time for the election  Political file driving it  Exceptions likely for small stations and noncommercial one – at least initially

6 TV and Cable – a Complicated Relationship  FCC looking at retransmission consent good faith negotiation requirement  Decision was expected soon on syndex/network non-duplication protection, but possibly put off, at least for now  Examination of whether online video system can be cable system – more important issues based on recent court rulings on online carriage of local TV  Changes in rules on market modifications for in- state TV carriage

7 Music Issues Take Center Stage  New streaming rates to go into effect in 2016 – trial held in May, where NAB presented evidence, to be decided by year’s end.  Lots of issues now from the composer’s side – ASCAP and BMI want new rights  Performance royalty still comes up regularly in DC discussions  New performance rights issues from Flo & Eddie decision on pre-1972 sound recordings  SESAC antitrust litigation – TV getting refund and arbitration of rates – radio deal too that will make SESAC go through arbitration before increasing rates

8 Other content issues  Indecency – the FCC had been clearing up backlog of old indecency decisions – then big fine - $325,000 for a 3 second slip on TV station  Sponsorship identification is a big issue – can’t run programming that was paid for without disclosing payment – FCC has been asked to allow that some of the disclosure be permitted to be made online for radio  Contest rules disclosure – FCC rule changes to allow you to take it online to be effective soon

9 Accessibility Issues Everywhere  Accessibility for TV and online – captioning quality standards kicked in last year – need certifications from program suppliers of compliance with quality rules  One captioning issues slipped by everyone – requirement to take video captions with emergency information, translate to audio, and run on SAP – supposed to be done by May – extended to end of November  Captioning of video clips put online by the first of next year  No automatic captioning exemptions for churches and other local paid programs

10 Odds and Ends  Decision on limits on FM nondirectional antenna optimization  Multiple ownership on the list of issues for 2016  Lots of Online issues – like pictures - get permission before using on your own website  EEO Mid-Term Reports (Kansas radio on Feb. 1, 2017 and TV in 2018) and EEO audits continue  Biennial ownership reports for all commercial stations due at the beginning of December Rule changes on reporting owners may be voted on soon – for next report  Foreign ownership rule changes also in the works – liberalizing foreign ownership?

11 Now it’s your turn…  Time for your questions……

12 David Oxenford Doxenford@wbklaw.com www.broadcastlawblog.com


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