Apple TV Goes HD for $99
Primavera Sound Festival Recap
Darshan Jesrani talks new Metro Area
In the studio with Oliver Huntemann
PHOTOS: Detroit Electronic Music Festival – Day One
FCC Increasing Fines for Violations of Children’s Programming Rules – Fines As High as $70,000 Per Station Issued
On Friday, the FCC released seven Notices of Apparent Liability for violations of children's programming rules, proposing forfeitures (i.e. fines) of $25,000 to $70,000 per station. Most of the violations cited were overages of the commercial limits, which restrict stations to broadcasting 10.5 minutes per hour of commercial material during childrens programming on weekends and 12 minutes per hour on weekdays. Many of these overages were for durations of 15 seconds each. In one case, the FCC found a Pokemon program to be a program length commercial (discussed below) where a Pokemon game card with the letters "MON" was displayed for one second in a Nintendo GameBoy commercial during the show. In addition to overages of the commercial limits, other cited violations included failing to provide program guide publishers with information regarding the target child audience of core programs; failing to update the public file regarding compliance; and failing to publicize the existence and location of the station's children's television programming reports, in addition to the program length commercial issue described above.
The largest fine, for $70,000, was issued in a case where most of the violations were for "program length commercials", in which a commercial for a memorabilia website shown during a "Yu-Gi-Oh" television program contained a "very brief" reference to Yu-Gi-Oh trading cards. A program length commercial occurs when an advertisement contains a mention of a character or product that is associated with the program in which the ad appears. In these situations, the Commission fears that children will not be able to perceive the difference between the programming and the commercial, and thus treats the entire program as a commercial. In so doing, the station is considered to have exceeded the commercial limits by the entire length of the program less the number of commercial minutes allowed. This is done even if the commercial image of the character or other program-related material is fleeting. We've written about the difference in treatment between a commercial overage and program length commercial before, and this case makes clear just how seriously the Commission considers the latter and how costly this can be to the offending station.
A number of lessons can be drawn from this latest group of FCC decisions: First, human error is no excuse for violating the children's programming rules. All of these violations were deemed "willful," meaning a conscious act, "irrespective of any intent to violate the law." Second, it is no excuse that the violation originates at the network level. Individual stations remain responsible for programming aired on their stations. Third, an otherwise de minimus violation becomes significant if repeated on multiple occasions. And in the case of program length commercials, there does not appear to be any de minimus exception. Fourth, the FCC is admittedly bumping up forfeitures levied in previous renewal cycles, stating that previously issued forfeitures of lower amounts "have not had a sufficient deterrent effect."
While the FCC has always taken violations of children's programming rules very seriously, the Commission has now taken the additional step of increasing forfeitures above the base forfeiture amounts set forth in the Forfeiture Policy Statement as a means of deterring future violations. Since human error is no shield from a forfeiture, TV stations and cable programmers must increase their vigilance against violations of all aspects of the children's programming rules.
Introducing: Excision
Mix of the day: Kevin Gorman
News : Go Sideways with FILTER to Win; New Issue in Stores TODAY!

For our landmark 40th issue, FILTER did something we've never done before - we went sideways! To celebrate the new issue's release TODAY, we're asking you, our devoted readers, to go sideways with us for the chance to win some amazing prizes. How do you do that, you ask?
Step 1. Pick up the new issue at your local Urban Outfitters, Barnes and Noble, Borders, Bookstar, independent music retailer, newsstand, awesome friend's house, etc. Wherever you get your FILTER fix.
Step 2. Grab your camera and get creative with a "sideways" inspiration - whether this means you take a photo of yourself reading the issue while lying horizontal on the couch or in the street (watch out for traffic please), photo-bombing friends' sideways glances at your Memorial Day BBQ, overtaking your local FILTER supplier with countless issues stacked sideways around the stores, etc. Anything you want!
Step 3. Become a fan at facebook.com/FILTERmagazine and upload your photo to the page.
Step 4. Rejoice for you are done. / Repeat as many times as you like.
One grand prize winner will not only get their winning photo published in the next issue, but will also win a copy of issue 40 signed by cover stars, Broken Social Scene, a 1-year subscription to FILTER, and a new outfit from our friends at Dickies. Two runners-up will receive a copy of the new issue signed by Broken Social Scene. Winners will be chosen by FILTER staff based on creativity, so don't be afraid to think outside the box.
You have two weeks to craft your photos with a deadline of Friday, June 11, so get creative and get on it! Remember you MUST be a fan of FILTER on Facebook and submit your photos there to be considered!
Pick up FILTER 40 “Broken Social Scene: The Revolving Kingdom” in stores TODAY!

FCC Denies Rulemaking Request Seeking Across the Board Increase in Power for AM Stations
Only last month, we wrote about the proposal of a consulting engineer for an across the board power increase for AM stations so that they could overcome the effects of interference from all the electromagnetic devices now existing in our modern world that, while making our lives easier, interferes with the signal of AM stations, particularly in urban environments. In what seems like record time, the FCC today sent the proponent of that change a letter declining to pursue the proposal. The FCC's Media Bureau sent Richard Arsenault, the engineer who made the proposal, a letter stating that, after review, the staff decided that the proposal would increase AM interference, in contradiction to the attempts by the FCC to reduce interference on the AM band. Thus, the proposal was dismissed.
When we first wrote about this proposal, we expressed skepticism about how likely such a move was to get buy in from all of the potentially affected parties, including neighboring countries. Nevertheless, we are surprised at the speed of the FCC's denial of this proposal, and its reliance on an almost 20 year old proceeding which took some initial steps to try to reduce AM interference, but which has essentially been inactive for many years. AM stations are suffering in many places in the country, and the interference identified by Mr Arsenault is real. We hope that, while the FCC has denied this particular remedy, it will continue to look at means to address AM issues. One proposal still out there - moving AM to a rededicated TV channel 5 or 6. Over time, we will see if that proposal, on which the FCC has already received public comment, has any traction at the FCC.
DJ Vinnie Esparza’s Friday Five
Well, now…what do you know? It’s your Friday Five!
Rainy day music. This is the sample source for J Dilla’s production of Pharcyde’s “Runnin’” btw.
Flavor.
Whoa.
Lowrider soul. What can I say…I’m Latino.
Top Latino soul.
This week’s bonus beat:
That’s it for this week. Have a great weekend! www.djvinnie.net








