Communications, Media & Entertainment

July 14, 2020

The Federal Communications Commission (“FCC”) has issued a Public Notice reminding analog Low Power Television (“LPTV”) licensees that all analog transmissions must cease by July 13, 2021, and that deadline will not be extended or waived.…

Broadcast Law Blog

Issues to Consider as Media Businesses Adapt to the New World of the Virus – Music Uses on Zoom and Other Platforms, Unlicensed FM Transmitters

By David Oxenford

July 14, 2020

As business adapts to the pandemic so, too, do legal issues. A couple have come to my attention in recent weeks that I thought bear passing on. One deals with copyright concerns, the other with FCC matters about use of unlicensed FM transmitters. Both arise as businesses adapt the way in which they deal with their customers – including how media companies deal with their audiences. The copyright issues deal with music licensing matters. Broadcasters…

CommLaw Monitor

COVID-19: What Communications Service Providers Need to Know – July 13, 2020

By Communications Practice Group

July 13, 2020

As the COVID-19 pandemic rapidly unfolds, the Federal Communications Commission (“FCC”) has been active to keep communications services available through various waivers, extensions, and other regulatory relief. Kelley Drye’s Communications Practice Group is tracking these actions and what they mean for communications service providers and their customers. CommLaw Monitor will provide regular updates to its analysis of the latest regulatory and legislative actions impacting your business and the communications industry. Click on the “COVID-19”…

Inside Tech Media

Lawful Access to Encrypted Data Act Introduced

By Trisha Anderson, Alexander Berengaut, Jim Garland & Chloe Goodwin

July 13, 2020

Senators Lindsey Graham (R-S.C.), Tom Cotton (R-Ark.) and Marsha Blackburn (R-Tenn.) have introduced the Lawful Access to Encrypted Data Act, a bill that would require tech companies to assist law enforcement in executing search warrants that seek encrypted data. The bill would apply to law enforcement efforts to obtain data at rest as well as data in motion. It would also apply to both criminal and national security legal process. This proposal comes in…

Close-Ups

Taxpayers Claiming QBI Deduction May Face Increased Audit Risk

By Shane P. Nix & Ilia Katz

July 13, 2020

Although many businesses providing services in the field of performing arts are not eligible for the qualified business income (QBI) deduction, some entertainment businesses that do not fall in this category have taken the position that they do qualify. Recent indicators from the IRS, however, suggest that taxpayers claiming the QBI deduction may be subject to increased audit risk in the near future.…

Broadcast Law Blog

FCC Continues to Prosecute Pirate Radio Operators – Two Settlements with Identified Violators

By David Oxenford

July 13, 2020

Pirate radio operators continue to be a problem – particularly in major metropolitan areas. The week before last, the FCC resolved two long-pending cases against pirate operators through negotiated settlements. In one case, the FCC last year initially proposed a fine of $151,005 for the illegal operation. After examining the operator’s finances, the Bureau agreed to a $4,000 fine now, with a penalty of $75,000 should the operator violate the law again (see this decision …

Collegiate & Professional Sports Law Blog

NCAA Division III Approves Blanket Student-Athlete COVID-19 Waivers for 2020-21 Seasons

By Bernard G. Dennis III & Gregg E. Clifton

July 13, 2020

A week after the NCAA Division III Membership Committee encouraged institutions to make the best decisions for their student-athletes’ “happiness, health and safety,” the Division’s Administrative Committee has provided some administrative relief for institutions should the ongoing impact of COVID-19 affect 2020-21 seasons of athletic competition. Two blanket waivers have been approved for all Division III sports: All student-athletes whose sports fail to complete more than 50% of their maximum contests/dates of competition due to…

All About Advertising Law

Ninth Circuit Blocks Class Plaintiffs’ Efforts to End Run Jury Trial

By Angel A. Garganta, Amit Rana & Antonia I. Stabile

July 13, 2020

On June 17, 2020, the Ninth Circuit Court of Appeals issued a published opinion affirming the dismissal of a consumer class action seeking $32,000,000 against Venable client Premier Nutrition Corporation. The Court held that federal equitable principles must apply to class actions pending in federal court, even where state law rules the underlying causes of action. See Sonner v. Premier Nutrition Corp., No. 18-15890, 2020 WL 3263043 (9th Cir. June 17, 2020). Plaintiff-Appellant Kathleen Sonner sued…

Ad Law Access

FTC Files Complaint Alleging Mail Order Rule Violations

By Christie Grymes Thompson

July 12, 2020

As the pandemic continues to turn consumers to online shopping, shoppers report increasing dissatisfaction with websites that advertise “Fast Shipping,” “2-Day Shipping,” or make similar representations about speedy shipping and then fail to deliver. In the last few months the FTC has received record numbers of complaints related to online shopping, and most of them relate to items that were ordered but never delivered. Many of those unshipped items were personal protective equipment (“PPE”). So…

Broadcast Law Blog

This Week at the FCC for Broadcasters – July 4, 2020 to July 10, 2020

By David Oxenford & Adam Sandler

July 12, 2020

Here are some of the regulatory and legal actions of the last 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 fines against two radio stations serve as a reminder that station managers need to pay close attention to how their staff handles on-air contests. The FCC issued Notices of Apparent Liability for Forfeitures to two Texas licensees…

Communications, Media & Entertainment

REMINDER: The Guillotine Falls On Analog LPTV One Year From Now

Issues to Consider as Media Businesses Adapt to the New World of the Virus – Music Uses on Zoom and Other Platforms, Unlicensed FM Transmitters

COVID-19: What Communications Service Providers Need to Know – July 13, 2020

Lawful Access to Encrypted Data Act Introduced

Taxpayers Claiming QBI Deduction May Face Increased Audit Risk

FCC Continues to Prosecute Pirate Radio Operators – Two Settlements with Identified Violators

NCAA Division III Approves Blanket Student-Athlete COVID-19 Waivers for 2020-21 Seasons

Ninth Circuit Blocks Class Plaintiffs’ Efforts to End Run Jury Trial

FTC Files Complaint Alleging Mail Order Rule Violations

This Week at the FCC for Broadcasters – July 4, 2020 to July 10, 2020

Communications, Media & Entertainment Blogs

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