Know the laws your rights
Broadcast License Communications Law Intellectual Property
How are broadcast licenses transferred?
The FCC has specific regulations dealing with assigning or transferring a broadcast license, including placing each proposed sale on public notice to allow the public a chance to comment on the qualifications of the buyer and the seller. For more information on broadcast license transactions, see the FCC website, http://www.fcc.gov.
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Paxil Suicide Depression Lawsuit Drug Toxic Chemicals
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My child’s doctor prescribed Paxil for her to treat her depression. She attempted suicide and, while she survived, she suffered significant brain damage. We believe her use of Paxil led to her suicide attempt. How do we prove this?
If your daughter was depressed, she may have had suicidal tendencies. However, the fact that she was taking Paxil, which was never approved for use in children and which has been linked to increased suicidal tendencies in children, definitely strengthens your case against the manufacturer of the drug as well as against your daughter’s doctor.
You should certainly consult with an experienced personal injury attorney as soon as possible to discuss your daughter’s case. You should be able to bring an action against GlaxoSmithKline, the manufacturer of Paxil. The FDA never approved the use of Paxil for treating pediatric depression and, in fact, issued a letter pointing out that not only had Paxil being used by children been linked to increased suicidal tendencies but that there was no evidence to show that Paxil actually helps children with depression and other related mental illnesses. Therefore, your case against GlaxoSmithKline is relatively strong.
You may also have a case against your daughter’s doctor. The doctor should have known that Paxil had not been approved for use in children. Furthermore, the FDA issued a letter charging that Paxil had not been proven effective for use with children and that its use might lead to increased suicidal tendencies. Your daughter’s doctor should have known about that letter and should have acted accordingly to make sure that your daughter was safe. Your attorney can help you decide how best to proceed.
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Broadcast Lincense Application Communications Law Intellectual Property
Can I apply for a broadcast license?
The recent advent of digital broadcasting caused the FCC to “freeze” acceptance of new applications. Applications for new television and commercial radio licenses are not now being accepted. However, existing licenses may be bought and sold.
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Television Regulated Radio Communications Law Intellectual Property
How is broadcast television and radio regulated?
In order to broadcast radio or TV signals within the United States, it is necessary to first obtain a license from the Federal Communications Commission (FCC). Although there are some exceptions for very low power radio transmitters, such as those in CB radios and walkie-talkies, transmitters whose signal can travel distances (even “ham” radio) must be licensed and comply with FCC rules. Full power television and radio stations also must receive licenses from the FCC.
Because radio frequencies can travel long distances, particularly at night, they are licensed according to geography and common ownership rules. The FCC has specific rules preventing stations from interfering with the signals of other stations. For example. if there is one station broadcasting at 880 on the AM dial from New York, no other station within over a 1,000 or more miles can use that frequency. As available spectrum is limited, only a limited number of licenses can be issued. As a result, broadcast licenses have huge value, particularly in major metropolitan markets such as New York, Los Angeles, Chicago, Philadelphia, San Francisco, Dallas/Ft. Worth, Houston, Atlanta, and Washington/Baltimore.
Additionally, to encourage a diversity of viewpoints by media sources, the FCC limits entities from acquiring more than a certain number of stations nationally, or in each market. These broadcast limits were relaxed by the Telecommunications Act of 1996, and that has stoked broadcast mergers and acquisitions.
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Paxil Injury Damages Drug Toxic Chemicals
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What types of damages are available in a case involving an injury caused by Paxil?
There are two types of cases that can arise as a result of using Paxil – either a personal injury case, brought by someone who was injured by the drug (for example, through a birth defect, failed suicide attempt, or an inability to stop using the drug), or a wrongful death suit, brought by the family of someone who either committed suicide or was the victim of a homicide that is linked to the use of Paxil. The damages available in these types of cases are similar to the types of damages available in any personal injury or wrongful death case.
The concept behind damages in a lawsuit, whether decided by a jury or by settlement, is to try to put the victim in the same position he or she would have been without the injury or death. Therefore, damages that reimburse the victim or his or her family for medical expenses, burial expenses, loss of work, or any other out-of-pocket type expenses are awarded. As a practical matter, this means collecting and documenting your lost income, your medical expenses (i.e., ER care, hospital, doctor, laboratory, diagnostic tests, therapy, etc.), travel expenses, and burial expenses.
There are other types of damages available as well, although they are not as easy to put an actual number on because of their nature. Damages for things such as pain and suffering, loss of economic opportunity, loss of benefits, loss of enjoyment of life, and loss of companionship (in a suit brought by a spouse) are some of the damages that your attorney will include in any settlement discussions or argument to the jury. While it is difficult to put an objective measurement, such as a dollar figure, on a subjective complaint, such as pain and suffering or loss of enjoyment of life, the courts, attorneys, and insurance adjusters all have a great deal of experience in working with these concepts. (See also our section on pain and suffering.) Depending on where your case is brought, there will probably be other similar cases that your attorney and the other side will rely on as a starting point for these damages.
A third type of damages that may be available is punitive damages, which would be used in these cases to punish GlaxoSmithKline for continuing to promote Paxil for use by children and adolescents, for not acknowledging the severe withdrawal symptoms, and for not sufficiently warning about the increased suicidal and homicidal tendencies caused by the drug. The question here will be whether GlaxoSmithKline acted so negligently that it should be punished for improper warnings and promotions. However, punitive damages are not allowed in every state and it can be very difficult to prove that your case deserves punitive damages. Talk with your attorney to see if requesting punitive damages might be appropriate in your case.
You may read about settlements and jury verdicts in other cases involving Paxil. While these can be informative, remember that different people receive different settlement offers and jury verdicts based on many things: where the case is brought, what the particular facts of a case are, who the insurance adjusters are, your character and credibility; extent of the injury, objective evidence, and, to some extent, who the attorneys are. Therefore, you should not necessarily think that your case will receive the same type of settlement award as another case. Depending on your case, your settlement offer may be higher or lower. You will have to work with your attorney to decide whether a particular offer is suitable or not.
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New Television Communications Law Intellectual Property
Am I going to have to buy a new television?
Although you would have to buy a new television to receive Digital television signals over-the-air, you’ll be able to use your existing TV sets for years as broadcasters have committed to not phasing out analog broadcasting for approximately ten years.
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Broadcasters Hdtv Communications Law Intellectual Property
Must TV broadcasters use HDTV?
No. TV station operators will, for a time, be able to broadcast HDTV or use the digital technology to “multicast”. That means they can broadcast more than one standard definition television signal (e.g. normal NBC programming plus CNBC and MSNBC). The FCC and the broadcasters are still determining how this additional capacity will be used, but at least some digital television will soon be available in major markets. Additionally, the Gore Commission is currently determining whether broadcasters will have to provide additional public interest benefits, and what they may be, in exchange for receiving the digital spectrum free-of-charge.
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Content Distribution Communications Law Intellectual Property
How is content distributed?
There are five main avenues to distribute content. Each have their own specific issues.
(1) Broadcast: Free over-the-air Television and Radio.
(2) Cable Television: Subscription-based broadcasting services including Direct Broadcast Satellite Television and Wireless Cable.
(3) Common Carrier: Telephony, both wireline and wireless.
(4) Print publications: Newspapers, books, magazines, etc.
(5) Internet: We will use a separate category for this because although Internet service has many of the characteristics of each of the other distribution methods, it is undeniably a new medium.
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Content Conflicts Communications Law Intellectual Property
What are the common problems arising from content?
Common problems arising from creation of content include:
(1) copyright: If you believe that someone has stolen or misappropriated a story or an expression of an idea that you created.
(2) libel/slander: If you believe that someone has made, or is making, false claims about you or your business.
(3) patents: If you believe someone has used your idea for an invention.
(4) trademark: If you believe that someone is using an identifying mark or symbol that you created.
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Content Definition Communications Law Intellectual Property
What is content?
Content is the information that is being distributed. A book, a magazine article, and the information on this website, http://www.FreeAdvice.com, are all content.
Content may be distributed by more than one method. If an author writes a novel, it may be distributed as a hard-cover book, a soft-cover book and/or a “book-on-tape.” It may even be converted to a screenplay and filmed for distribution as a television mini-series or a feature motion picture. But through all these different distribution methods, the content — the underlying story — remains the same.
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