FCC Denies ASCAP's Challenge To Pandora's Acquisition Of FM Radio Station

In re Pandora Radio LLC, FCC 15-129 (FCC released Sep. 17, 2015).

The FCC denied ASCAP's motion for reconsideration of (1) the Media Bureau's decision granting the application to assign the license of KXMZ FM radio station in South Dakaota to Pandora; and (2) the Commission's declaratory ruling, which held that it would serve the public interest to permit a widely dispersed group of shareholders to hold aggreage foreign ownership in Pandora in excess of the 25% benchmark set out in Section 310(b)(5) of the Communications Act of 1934 (subject to certain conditions).  The FCC re-affirmed its finding that ASCAP lacked standing to challenge the license assignment.  ASCAP also claimed that the Bureau should have examined the rationale and motivation behind Pandora's transaction, specifically, Pandora's hope by acquiring the radio station to qualify for lower music license royalty rates.  The FCC found that "whatever the impact of its acquisition on such royalty rates may be, Pandora has undertaken to offer programming responsive to the interests of its local listeners, and ASCAP has failed to identify any substantial and matieral question about Pandora's ability to provide such service in the public interest."

American Censorship

The Parents Television Council is warning parents and radio stations not to broadcast Britney Spears' "If U Seek Amy" because the organization believes it "would violate the broadcast indecency law" if aired between 6 a.m. and 10 p.m. [Billboard.]

Growing up listening to Howard Stern, OTCS can't help but wonder: if Britney Spears violates indecency laws, is it time to reexamine the scope (and purpose) of broadcast indeceny laws?

FCC Appeals Wardrobe Malfunction To Highest Court

The infamous 2004 Super Bowl wardrobe malfunction.



This week, the FCC appealed a ruling by the 3rd U.S. Circuit Court of Appeals in Philadelphia, saying that court was wrong to throw out the case and a $550,000 fine against CBS Corp. in July. Will the US Supreme Court hear the case?

XM / Sirius Merger Approved by DOJ

Antitrust concerns assuaged: The Justice Department on Monday approved Sirius Satellite Radio Inc.'s proposed $5 billion buyout of rival XM Satellite Radio Holdings Inc. (AP report.)

The merger, however, still awaits FCC approval.

Pirate Radio Busted

A Tampa, Florida gangsta rap station was "busted" for operating out of a basement without an FCC license. 3 people were arrested.

Rolling Stone observes that "Given the violent and lyrically-explicit nature of their broadcasts, actual FCC clearance would have been unlikely."