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NAB Calls WDBJ NAL 'Unprecedented' as Lawyer Says Mobile Screens Make Such Enforcement Unnecessary

The FCC notice of apparent liability to Schurz Communications' WDBJ Roanoke, Virginia, (see 1503230068) is “remarkably punitive” and disappointing, NAB said in a statement Monday. “This unprecedented fine against a family-owned broadcaster with a demonstrated commitment to serving communities is…

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wholly unwarranted." Proposing the maximum fine of $325,000 against the TV station for inadvertently airing pornographic content that was largely visible only on large-screen HDTVs could mean problems for other broadcasters, Pillsbury Winthrop broadcast attorney Scott Flick said in a blog post Monday. “Stations in an analog world could usually rely on the low resolution of the medium to solve 'background problems' like adult magazines in the background of a bookstore interview,” Flick said. “In a hi-def world where DVRs make it possible for viewers to replay and analyze video frame by frame, stations must be conscious of every corner of every frame.” The growing focus on the mobile audience and tiny screens makes worrying about large screens counterintuitive, Flick said.