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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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?
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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.
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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.
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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.
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