Legal Memo

Exclusives

  • Survey: Local NDs Give So-So Marks To National TV News

    In a TVNewsCheck survey, a cross-section of news directors at TV stations around the country were asked to grade ABC News, CBS News, CNN, FNC, NBC News and MSNBC on "overall journalistic quality." None received an A, four earned Bs and, as for Fox News Channel and MSNBC, they may have to stay after class. More | Comments (7)
  • Ex. Session: Record Political Ad Boom Looms, But ...

    TVB’s political ad guru Jack Poor says there’s good news and bad news for TV stations in this election year. The good news is that their four-fifths share of total TV spend will be up 20% to around a record $2.5 billion, and no other medium seems positioned to cut into stations' share. The bad news is that the total take will be suppressed due to the lack of any major gubernatorial contest that swelled the coffers in 2010. More | Add comment
  • Jessell: Disclosure Rule The First Step Toward Quotas

    The FCC's proposed disclosure rules, which would require stations to detail the kinds of programming they air and post the info on their websites, should be fought tooth and nail by broadcasters. What the regulators want are statistics that they can use to hang over stations in the form of a programming quotas at license renewal time. And a quota is nothing but a mandate. It's the federal government telling stations what programming they must air, and that slams right into broadcasters' First Amendment rights. More | Comments (9)
  • Front Office: Cord Cutting Is Gen Y’s Latest Trend

    A growing number of young adults born between 1980 and 1995 — Gen Y — are purchasing over-the-air antennas to watch television programming. Gen Ys are inherently more adept at, and prone to, experimenting with alternative forms of viewing TV content; they are less likely to accept the need to subscribe to subscription-based pay TV once they’re free to make their own decisions about it. More | Comments (11)
  • NAB 2012: Getting The Shot Cheaper, Easier, Faster

    JVC%27s+GY-HM150
    JVC's GY-HM150
    As more and more stations adopt the one-man band approach to newsgathering, the camera manufacturers are turning out new units that are small enough and light enough to be managed easily, and big enough and heavy enough to be balanced for a steady shot. Plus, they’re inexpensive enough that any station's budget can handle them, too. More | Comments (7)

Special Reports

  • 2011—Year In Review: Revisit the year’s top developments in business, programming, journalism, technology, regulation and more.
  • Audience Measurement: The state of ratings is examined in three parts: an interview with the head of the Media Ratings Council; the growing presence of Rentrak; and the search for a better local ratings currency.
  • Traffic Reporting: This four-part TVNewsCheck Special Report focuses on what it takes to stay on top of the growing commuter gridlock across the country.
  • Remembering 9/11: TVNewsCheck looks back 10 years after the attacks with a series of five articles.
  • Severe Weather News: This five-part TVNewsCheck Special Report focuses on the changing technology used to stay ahead of storms.
  • TOP 30 TV STATION GROUPS: TVNewsCheck's exclusive ranking by coverage with a summary of each group's holdings and top executives.

Industry Calendar

March 2012
Tu
Th
13-15
American Cable Association
ACA’s 19th Annual Summit
Washington, D.C., DC
We
We
21-22
Borrell Advertising Associates
The Borrell Local Online Advertising Conference
New York, NY
We
Th
21-23
BIA Kelsey
ILM EAST
Boston, MA
April 2012
Sa
Th
14-19
National Association of Broadcasters
NAB Show
Las Vegas, NV
June 2012
Tu
Th
12-14
PromaxBDA
PromaxBDA: The Conference 2012
Los Angeles, CA

AP Breaking News

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Legal Memo by Michael D. Berg
Super PACs Bring Big Bucks, Responsibilities
TVNewsCheck, Oct 14, 2011, 6:01 AM EDT
The newly authorized super PACs can collect unlimited amounts of money from corporations, unions and individuals to directly support and attack candidates, as long as they do not coordinate directly with candidates. Stations have broad discretion to accept or turn down candidate-targeted (and issue) ads by super PACs. But make sure that your treatment of all super PACs is the same. Stations must operate in the public interest, and lopsided access by organizations on one side of electoral or other questions could lead to complaints. Full Story | Comments (1)
Legal Memo by Michael D. Berg
States Playing Musical Chairs With Primaries
TVNewsCheck, Oct 7, 2011, 8:04 AM EDT
Earlier primaries and Super PACs are changing the face of the 2012 elections. For TV stations, that means gearing up political sales policies and inventory planning; the opportunity for more revenue from the political season; and the need for earlier-than-usual attention to FCC, Federal Election Commission and state political ad requirements. In this first of two parts, the ramifications of the ever-shifting primary schedule are examined. Full Story | Comments (4)
Legal Memo by Michael D. Berg
EEO: Six Key Tips For Staying Out Of Trouble
TVNewsCheck, Jun 3, 2011, 11:40 AM EDT
With the FCC stepping up enforcement of equal employment opportunity regulations, here's a list of things stations should know to avoid heartache and FCC sanctions for noncompliance. Full Story | Add comment
Legal Memo by Michael D. Berg
A History Lesson On Retrans For The FCC
TVNewsCheck, Apr 8, 2011, 5:54 AM EDT
The FCC proceeding seeking comments for possible reform of its retrans rules doesn't square with history as I remember it. For one thing, contrary to what the FCC suggests, broadcasters have tried to negotiate for fees since the retrans law was passed in the early 1990s. The FCC also betrays some bias toward cable, raising questions about how current rules might work against small cable operators, but ignoring how small TV stations are affected. Full Story | Comments (5)
Legal Memo by Michael D. Berg
'Specialty' Stations Have March 29 Deadline
TVNewsCheck, Feb 18, 2011, 5:52 AM EST
If your station qualifies as a “specialty station,” you should be sure to file with the U.S. Copyright Office so your station can be carried by cable systems at the lowest possible rate, a good incentive to encourage carriage. Filing an affidavit is a relatively simple step that can benefit stations, cable operators and viewers, who may receive a wider range of program choices as a result of the procedure.  Full Story | Add comment
Legal Memo by Michael D. Berg
What If The Political Ads Just Keep Coming?
TVNewsCheck, Nov 5, 2010, 7:01 AM EDT
Although there will not be many ads attacking candidates next year, third parties inspired by their recent election experience can, and perhaps many will, continue to do “issue advertising” outside election seasons. Legally, stations have far more flexibility in handling third-party ads than candidate ads, but also far more potential exposure to liability for the ads’ content. Here's what stations need to know. Full Story | Comments (4)
Legal Memo by Michael D. Berg
Political Ads: Final Tips From The Lawyer
TVNewsCheck, Sep 30, 2010, 11:54 AM EDT
With recent  court decisions opening up the political ad marketplace wider than ever before, campaign strategies are different than in the past. There may be more attack ads and station inventory issues may worsen. To assist you in meeting your obligations to the FCC and to candidates, here are some points to keep in mind. Full Story | Add comment
LEGAL MEMO BY MICHAEL D. BERG
Time To Revive Minority Tax Certificates
TVNewsCheck, Aug 6, 2010, 3:27 PM EDT
The 1978-95 program dramatically increased minority ownership of radio and TV stations before it was repealed. It needs to be updated and reinstated because diversity of programming has never been more important given our growing and fast-diversifying nation, and a new incentive policy is a proven way to increase diversity of ownership, which is linked to program diversity. Full Story | Comments (11)
Legal Memo by Michael D. Berg
Court Gives Stations Political Ad Boost
TVNewsCheck, Jun 11, 2010, 8:45 AM EDT
In the first court action following the Supreme Court's Citizens United ruling striking down limits on corporate and union advocacy ad spending, the Federal Election Commission was told it couldn't limit individual contributions to political groups that advertise on TV for or against candidates. The bottom line for stations? A source of campaign-related ads is freed from limits on how much it can spend and, as before, it is not subject to lowest unit charge regulations. Full Story | Comments (5)
Legal Memo by Michael D. Berg
Fallout Could Impact Political Ad Ruling
TVNewsCheck, Mar 19, 2010, 7:51 AM EDT
Broadcasters can expect a windfall from the Supreme Court ruling in Citizens United that opened the door for expanded campaign ad spending by corporations and unions, adding perhaps another $400 milion to TV coffers this year alone. But legislation and constitutional amendments seek to balance the impact on elections. Being aware of such efforts and participating in the process may be good business. Also, as always, stations must keep abreast of developments and the rules governing political advertising. Full Story | Comments (1)
Legal Memo by Michael D. Berg
Election Ad Ruling: What's It Mean To TV?
TVNewsCheck, Jan 29, 2010, 9:06 AM EST
The Supreme Court's recent decision overturning more than 100 years of political campaign law and legal precedent raises a number of questions for TV stations. Here's a look at what the decision does and doesn't do; questions the ruling leaves open -- and how they may be resolved; what happens next; steps stations should take; and pitfalls to avoid between now and the Nov. 2 general election. Full Story | Comments (9)
Legal Memo by Michael D. Berg
Spectrum, Kids TV High On FCC's Agenda
TVNewsCheck, Dec 11, 2009, 6:56 AM EST
In the context of two separate inquires, the commision is asking a lot of questions about whether broadcast spectrum should be reallocated for wireless broadband use, whether there is sufficient educational programming for children and whether additional safeguards are needed to protect children from inappropriate TV programming and harmful advertising. Full Story | Comments (9)
Legal Memo By Michael D. Berg
Courts May Take Lid Off Political Ad Spend
TVNewsCheck, Oct 8, 2009, 8:20 PM EDT
Two court cases -- one in the Supreme Court, the other before the federal appeals court in Washington -- could lift restrictions on how much corporations, labor unions and independent nonprofit groups may raise and spend to influence elections and public issues. That could mean a windfall for TV stations and other outlets that carry political advertising. Full Story | Comments (1)
Legal Memo by Michael D. Berg
High Court Ruling Resets Indecency Rules
TVNewsCheck, Jun 19, 2009, 7:30 AM EDT
The Supreme Court's April ruling in the so-called fleeting expletives case should put your station on heightened alert for indecency that could lead to big fines. But stay tuned. The high court is likely to revisit this case and the Janet Jackson "wardrobe malfunction" case after they have another spin through the court of appeals. Full Story | Comments (2)
Legal Memo by Michael D. Berg
Coping with the 'Sturm und Drang' of DTV
TVNewsCheck, Feb 13, 2009, 9:03 AM EST
Congress's 11th-hour decision to delay the analog cut-off for four months has had the FCC and broadcasters hopping over the past several days. A calendar of what's coming next and some other legal considerations may take some of the confusion out of the transition. Broadcasters can also take solace in the notion that Feb. 17 is shaping up as the dress rehearsal for June 12. Full Story | Comments (4)
Legal Memo by Michael D. Berg
Passing the Torch to the New FCC
TVNewsCheck, Jan 23, 2009, 7:58 AM EST
The new Democratically controlled FCC will set a new course and take on new issues, but at the same time it will have to deal with some unfinished business left over from the Bush years. Among those issues: the DTV transition, multicast must carry, digital LPTV, retrans consent reform, broadcast indecency, product placements and media ownership. Full Story | Comments (1)
Legal Memo
Political Ads: The Latest for the Last Days
TVNewsCheck, Oct 10, 2008, 7:56 AM EDT
All that political money in these lean times is a beautiful thing. But as the campaigns wind down, it's important for broadcasters to keep up with the evolving rules and regulations governing political advertising and coverage. Do you know what to do if one of the candidates for your televised debate fails to show up? Full Story | Add comment
Legal Memo
Political Ads: A Guide for the Next 53 Days
TVNewsCheck, Sep 12, 2008, 7:58 AM EDT
As a result of Supreme Court and FEC rulings, stations should expect to get plenty of non-candidate attack ads this fall. Here's what you need to know about them and the candidate complaints they may generate. Also: the FCC's latest ruling on news exemptions from the equal time law. Full Story | Add comment
Legal Memo by Michael D. Berg
How to Navigate Multiple DTV Streams
TVNewsCheck, Aug 1, 2008, 6:30 AM EDT
The FCC gives broadcasters considerable freedom on how they may use their digital channels, but the freedom does not come without some obligations. And, in some cases, stations may have to cut the government in on a piece of the action. Full Story | Add comment
Legal Memo by Michael D. Berg
WHERE THINGS STAND AS DTV CONVERSION LOOMS
TVNewsCheck, May 29, 2008, 10:20 PM EDT
Our resident legal expert offers a recap on Washington's regulatory and legal moves affecting TV stations and the public as the Feb. 17, 2009, switch to all-digital, full-power broadcasting approaches. Full Story | Add comment
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Classifieds

The Market

Symbol Last Change (%)
Nasdaq 2915.86 +11.78 (+0.41%)
NYSE 8082.98 +13.27 (+0.16%)
S&P 500 1349.97 +2.92 (+0.22%)
Updated 02/08 4:21p ET Quotes delayed at least 20 mins.
Source: Financial Content

Ratings

Overnights, adults 18-49 for February 7, 2012
  • 1.
    3.1/8
  • 2.
    3.0/8
  • 3.
    2.4/6
  • 4.
    2.0/5
  • 5.
    1.6/4
  • 6.
    0.6/1
Source: Nielsen
Reviews
Opinions
Features
  • Neil Genzlinger

    Smash, NBC’s series about backstage Broadway, comes with New York and Hollywood names off screen (Steven Spielberg, Therese Rebeck) and on (Debra Messing and Brian d’Arcy James). Given that pedigree, you’re expecting to be bowled over by the pilot, but it ends up feeling like a collage of devices from the zillions of previous backstage plays, musicals and movies. However, be patient — Smash gets better as it goes along and by Episode 3 it shows signs of becoming an addictive pleasure along the lines of this season’s Revenge.

  • Lori Rackl

    Pop some Dramamine before watching ABC's new horror series, The River, because the shaky camera work is more likely to make you seasick than scared. You can, however, skip the sleeping pill. The River's two-hour premiere should suffice. Billed as a thriller, the show tries hard to be terrifying and eerie in a Paranormal Activity kind of way. It ends up being hokey and, even worse, boring.

  • Robert Lloyd

    Keegan-Michael Key and Jordan Peele, veterans of Fox's sketch comedy MADtv, have a new series of their own, Comedy Central's Key & Peele. It is a genial, at times almost genteel, half-hour in which the pair's obvious niceness shines through even their more pugnacious characters. (Key's version of road rage is to shout, "Selfish!") In a roundabout way, that's the point. The sketches are consistently smart and smartly acted and flow easily from ordinary premises to weird conclusions.

  • Hank Stuever

    Discovery's Bering Sea Gold doesn’t seem at first like it has crossed any new reality TV frontier, relying on elements and structure familiar to the form. Enticingly (to the network), it combines the ocean and the gold and the cold and the reactive testosterone among bad-tempered desperados. To which I am surprised to cry: Eureka, they’ve found it! Bering Sea Gold is a testament to how thoroughly absorbing the genre can still be, when it’s done right.

  • Joanne Ostrow

    Kiefer Sutherland displays his softer side in Fox's Touch, a touchy-feely drama merging paranormal, spiritual and sweetly familial elements. shows off his acting chops, long forgotten, in scene after scene. It's heavier lifting than usual for the actor who was often reduced to caricature in 24. Sutherland is all about vulnerability in a show whose goal is nothing short of proving the interconnectedness of human life. We'll see if audiences can tolerate the notion of profound interrelatedness as weekly entertainment.

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