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Updated 2024-05-17 01:03
FCC Pressed to Extend Nosebleed Spectrum for Communications Use
Three parties seek service rules or waivers for the 102-109.5 GHz band. The FCC’s licensing and service rules presently provide for use of spectrum up to 95 GHz, an extremely high frequency. Now the FCC is considering requests to go even higher: to open the 102-109.5 GHz band for fixed microwave applications. Radio waves in … Continue Reading
Webcasting IV: The Pieces Start to Fall Into Place
Recent decisions resolve some questions, influence the eventual resolution of others. If you’re a webcaster, we’ve got some news for you. While the Copyright Royalty Board (CRB) has yet to conclude its Webcasting IV proceeding, it has issued two orders recently that wrap up some aspects of that proceeding. And the Register of Copyrights has … Continue Reading
Speeding FCC Approval of Technological Innovation
These ideas will help prevent regulatory delay from blocking the launch of new products. A lot of new products use the buzzwords “wireless connectivity.” In old-fashioned English, they have radio transmitters. This means they must go through an FCC approval process before they can be sold to the public. The FCC understandably writes its technical … Continue Reading
Update: Deadlines Set for Responses to Petitions for Reconsideration in Citizens Broadband Radio Proceeding
You already know (because we told you last week) that the Commission has received eight petitions for reconsideration of various aspects of its new rules establishing the Citizens Broadband Radio Service. Now, thanks to a notice in the Federal Register, we know when comments (and replies to those comments) about any or all of those … Continue Reading
Dancing Baby in the Ninth Circuit: A Twist on Takedowns
DMCA requires consideration of “fair use” before infringement can be alleged. Thanks to digital technology, copyright infringement is easier than ever – and the Internet provides a tempting place to display infringing uses of copyrighted material. Recognizing that, Congress passed the Digital Millennium Copyright Act (DMCA), creating a simple mechanism by which copyright owners could … Continue Reading
Mark Your Calendar: The Auction Date Has Been Set
The FCBA’s Annual Charity Auction, that is. If you’re going to be in Washington on November 5, be sure to clear your evening schedule. That’s the night of this year’s Annual Charity Auction hosted by the FCBA’s Young Lawyers Committee. November 5 is a Thursday, if that makes a difference to you. The place: The … Continue Reading
On Second Thought: Citizens Broadband Radio Service Rules Draw Eight Petitions for Reconsideration
Petitioners’ suggestions are all over the map. We reported last May on the FCC’s adoption of preliminary rules for the Citizens Broadband Service at 3550-3700 MHz. Under those rules, a control database and automated frequency assignment mechanism, dubbed the Spectrum Access System (SAS), will assign frequencies to users on the fly in three priority levels: … Continue Reading
Broadcast Contest Rule Moves Online
Long-pending Entercom proposal adopted … finally. If you’re a broadcast station that conducts contests and promotes those contests on the air, the FCC has just ushered you into the 21st Century. Soon you will be able to advise your audience about the material elements of your contests by simply posting them online (as opposed to … Continue Reading
Political Broadcasting 2015 Webinar Now Available Online
If you’ve been watching TV, or reading news (whether on the Intertubes or the old-fashioned way), or eavesdropping on conversations on the subway, you probably know that we’re already in the middle of the Next Election Season (even though the Next Election happens to be more than 13 months away). Because it’s never too early … Continue Reading
“Enhanced” Interference Complaint Process: Your Complaint is Important to Us; Please Remain on the Line.
As Field Offices are shuttered, Enforcement Bureau touts improved “transparency, consistency, and predictability” in complaint responses. As we reported in July, the FCC is saying sayonara to 11 of its 24 Field Offices. Also as we reported, when it announced that cut-back on July 16, the Commission committed to issuing, within six weeks, “new procedures … Continue Reading
The FAA’s Drone Drill: An Introduction
If you want to use your drone for your business, you’ll need to know what to ask for and how to ask for it. Let’s be honest: you want a drone, just like the rest of us. (True fact: We here in the CommLawBlog bunker have frequently fantasized about flying our own – appropriately branded … Continue Reading
2015 Reg Fees Set, Payment Deadline Announced, Fee Filer Open (for now)
Fire up your computer, free up some space on your credit cards and get your FRN information ready – you’ve got until SEPTEMBER 24, 2015 to get your reg fees paid … but don’t count on paying between 6:00 p.m., September 2 and 8:00 a.m., September 8. And we thought last year – when the … Continue Reading
Out on a Limb on the Family Tree: Amateur Loses Claimed Great-Great-Uncle’s Vanity Call Sign
Surprisingly, the rights to some call signs turn on degrees of relatedness. Most of our postings here deal with grave concerns of policy and regulation. Once in a while, though, a not-so-grave item catches our eye. From one such we learned that, even in the American meritocracy, it really all depends on who you’re related … Continue Reading
Effective Date Set for Fine-Tuned Experimental Licensing Rules; Comment Deadlines Announced for Further Proposed Changes
A month or two ago we reported on some fine-tuning of the FCC’s experimental licensing rules. This arose in the context of the Commission’s consideration of several petitions for reconsideration of its 2013 overhaul of the experimental rules. The recent order effecting that fine-tuning has now made it into the Federal Register, which means that … Continue Reading
Upcoming Webinar: Davina Sashkin Explains what Wireless Bidders can Look FORWARD to in the Incentive Auction
On the agenda: What we know so far about the planned auction of the 600 MHz band, and what wireless carriers and other bidders interested in getting a piece of this beachfront can expect when it gets here. There’s no denying it: the unprecedented incentive auction is barreling toward us. While many details are still … Continue Reading
Enforcement Bureau Gives Venue Operators 750,000 More Reasons Not to Block Personal Hotspots
Bureau reiterates view that using “deauthentication frames” to bounce hotspot users constitutes prohibited “interference”. Conference goers, rejoice! It looks like the FCC really is serious about preventing hotels and other conference venues from blocking access to the venues’ Wi-Fi networks through personal “hotspot” network devices. The Commission’s Enforcement Bureau had staked out its position on … Continue Reading
Update: Comment Deadlines Extended in Equipment Authorization, E-Labeling Proceeding
When he reported on the FCC’s proposal to overhaul its equipment authorization processes, our colleague Mitchell Lazarus observed that, “[f]or an NPRM of this scope and complexity, the comment periods are brutally short.” He was not alone in that view. The Telecommunications Industry Association, the Information Technology Industry Council, the Consumer Electronics Association and the … Continue Reading
New Course Listing at U of FCC: Ownership Reports 101 – Re-intro to Form 323
Media Bureau announces 90-minute crash course in advance of biennial ritual. Important reminder: Biennial Ownership Reports (FCC Form 323) for commercial radio and TV (including Class A and LPTV licensees) are due this fall. We’ve already seen the first sign of this, with the Media Bureau announcing the traditional extension of the filing deadline. (Reports … Continue Reading
Broadcasters Now in the Sights of Pre-1972 Performance Right Holders
Expanding “Flo and Eddie” theory beyond Sirius XM and Pandora, suits seek state-created performance rights royalties from broadcasters. For the last year or so I’ve reported on efforts being made by some recording artists and record labels to assert performance right interests in recordings made prior to February, 1972. (Why February, 1972? Take a minute … Continue Reading
FCC to Rest of World: Take an Extra Long Labor Day Weekend … and Keep Your Fingers Crossed
Commission extends due dates in advance of upgrade of all electronic filing systems and electronic dockets. If you’ve got something due to be filed at the FCC between September 2-8, 2015, you just got an extension … to September 9. Happy Labor Day! For this you can thank the Commission’s IT gurus, who are going … Continue Reading
Wireless Mics: The Lay of the Post-Incentive Auction Land Takes Shape
Wireless mic users must prepare to dance a spectrum hokey-pokey to adjust to spectrum reductions, new operating rules The Pope will visit the U.S. in late September, which is already prompting extensive preparations in many quarters. Among those readying themselves: news operations, professional wireless microphone operators and wireless mic frequency planners in several major cities … Continue Reading
The Fourth Law of Robotics: Don’t Miss That Spot Over There
Waiver permits Roomba manufacturer to market new self-guided lawn mower for residential use. The kid down the street who mows your lawn may have to change her business model. Automation is coming. The Roomba automatic floor cleaner, a favorite of cats everywhere, is heading outdoors. iRobot Corporation, maker of the Roomba (and the best name … Continue Reading
Update: New Deadlines Set for Comments on Proposed Reservation of UHF Channel Space for Unlicensed Use, Wireless Mics
On again, off again, back on again. That’s story with the comment deadlines for the FCC’s proposal to preserve vacant UHF TV channel space in every geographic area of the country for use by unlicensed TV white space devices and wireless microphones. When that proceeding was kicked off, comments were due pronto. But then the … Continue Reading
Drone Even Go There, Redux: The FAA, Drones and Newsgathering
Interim update on interim FAA policy As we reported earlier this year, the National Telecommunications and Information Administration (NTIA) has opened a proceeding looking at “best practices” for the commercial and private use of drones. NTIA’s first multistakeholder confab was held here in Washington on August 3 to explore some of the questions on the … Continue Reading
OET Digging Deeper Into LTE-U Standard-Setting Questions
Justifications for possible U.S.-only standard, other details, questioned The FCC’s Office of Engineering and Technology (OET) appears to have assigned a high priority to the issue of the use of unlicensed spectrum by licensed wireless services. Less than six weeks after the close of an initial comment period on the subject, OET has posed a … Continue Reading
FCC Clarifies (?) TCPA Autodialing Requirements
Take-home message: Do as we say, NOT as we do! Pursuant to “clarifications” provided in a recent FCC Declaratory Ruling on the Telephone Consumer Protection Act (TCPA), the FCC and FTC are both in violation of the TCPA’s prohibition against making autodialed calls to a consumer’s wireless phone without prior express consent. Whose phone? You … Continue Reading
Update: Mitchell Lazarus Says Thanks … Again
… this time to a lot of his friends. [Blogmeister’s Note: A few months ago our colleague and friend, Mitchell Lazarus, used this space to thank an anonymous donor who provided blood stem cells to help treat his leukemia. Mitchell was in the middle of his treatment then, so his post left us all hanging: … Continue Reading
Deadline for Biennial Ownership Reports Pushed Back 30 Days
Forget what the rules say – this year 323s are due on December 2, NOT November 1. Get out your calendar and some Wite-Out®. We’re coming up on the deadline for full-power commercial AM, FM, TV, LPTV and Class A TV stations to file their biennial Ownership Reports (FCC Form 323) and, as tradition dictates, … Continue Reading
Update: Auction 98, Now in the Books
[WARNING! While Auction 98 has closed, strict federal anti-collusion rules remain in effect for several more weeks, until the down payment deadline, which should be announced shortly. Parties who were involved in any way in the auction – including folks who filed applications but then elected not to participate in the auction – should refrain … Continue Reading
Update: Comment Deadlines Set in Equipment Authorization, E-Labeling Proceeding
We recently reported on the FCC’s proposal to overhaul its equipment authorization processes. (Also as we reported separately just yesterday, that proposal includes provisions for possible expansion of the FCC’s e-labeling rules as mandated by Congress.) The Notice of Proposed Rulemaking has now made it into the Federal Register which, as we all know, means … Continue Reading
Expansion of Electronic Labeling Options Out for Comment
Following Congressional directive, FCC would allow e-labeling for most devices with integrated electronic displays. As attentive readers will recall, late last year Congress passed the E-LABEL Act (yes, that is indeed an acronym; it stands for “the Enhance Labeling, Accessing, and Branding of Electronic Licenses Act”). That Act directed the FCC to provide some means … Continue Reading
FCC Proposes to Revamp Equipment Authorization Rules, Again
Changes will update policies and procedures to accommodate developing technologies. Among the FCC’s many functions is one known to a small community of technical experts – and, of course, CommLawBlog readers: the equipment authorization program. These procedures seek to ensure that devices capable of emitting radio-frequency energy comply with the FCC’s requirements as to frequency, … Continue Reading
Update: Last of the New E911 Rules Now in Effect
Back in February the FCC released its new E911 standards designed to improve E911 location capability. As we reported in March, most of those new standards were to take effect in April … except for a small handful that happened to be “information collections” and thus subject to the hilariously named Paperwork Reduction Act. Thanks … Continue Reading
Update: Media Bureau Suspends Deadlines for Comments on Proposed Reservation of UHF Channel Space for Unlicensed Use, Wireless Mics
Last month we reported on the Commission’s proposal to preserve vacant UHF TV channel space in every geographic area of the country for use by unlicensed TV white space devices and wireless microphones. The deadlines for comments on the proposal were set tout de suite, and things seemed to be moving merrily along on the … Continue Reading
FCC Tweaks Designated Entity, Former Defaulter and Joint Bidding Rules
The FCC looks to plug loopholes in advance of the Incentive Auction. One never fails to marvel at the ingenuity of man. No matter what program, policy or rule the FCC adopts to further some worthy public interest goal, a clever gamesman inevitably figures out a way to manipulate the system to garner a benefit … Continue Reading
FilmOn Takes a Big Step Closer to Section 111 Eligibility
Federal judge in California declares Aereo clone potentially eligible for compulsory copyright license. Sometimes, getting there first doesn’t mean that you’re the winner. Just look at Aereo, whose innovative technology was going to revolutionize the delivery of video programming. Although supposedly embraced by the consuming public, Aereo was sued for copyright infringement by lots of … Continue Reading
The FCC’s Tower Approval Process: Round and Round It Goes, When Will It Stop? Nobody Knows!
FCC OK’s reopening of seemingly closed historic review process … eight years after the question is raised. Getting governmental approval to build a tower can take a long time. As a recent FCC decision demonstrates, it can take a lot longer when the government can’t decide when the approval process has come to an end. … Continue Reading
SESAC Suit Settled
Props to Bill Velez for striking a good deal for the radio industry! Bill Velez and the gang at the Radio Music License Committee (RMLC) have struck again. Having targeted SESAC in an antitrust suit in 2012, they have now used the leverage of that suit to gain a settlement with SESAC that should prove … Continue Reading
Audio Overkill: New AM and FM Licenses Conditioned on Continuous Operation
New radio licensees now presumed to have constructed only “temporary” facilities if they fail to operate continuously for a year. What a difference a day makes! That is, if the day in question is July 2, 2015 and you happen to be a radio broadcaster waiting for grant of a license application. That’s because all … Continue Reading
Calendar Change: TV Channel Sharing Webinar Postponed
If you have planned your summer vacation plans around the FCC’s TV Channel Sharing Webinar that was originally scheduled for July 22, we hope you can get your deposit money back. But cheer up – now you’ve got the afternoon of July 22 free and clear! That’s because the Commission has announced that the webinar … Continue Reading
Eleven Field Offices Culled in Reorganization
Moving to “refocus” and “update” field office operations, FCC preserves more offices than originally anticipated, but some field personnel will lose jobs. A few months ago, we reported on Chairman Wheeler’s then-rumored plan to eliminate 16 of the Commission’s 24 Field Offices. (The plan, as described by Wheeler himself in testimony on Capitol Hill, would … Continue Reading
Ashley Ludlow Joins FHH
Wilkommen, Bienvenue, Welcome! Fletcher, Heald & Hildreth is pleased to announce that Ashley Ludlow has joined our team as an associate attorney effective July 14, 2015. Ashley is a 2013 graduate from the Washington and Lee School of Law, where she ran the table in law school competitions, participating not only in appellate and trial … Continue Reading
Update: Comment Dates Set for Channel Sharing Proposals
Last month we reported on the Commission’s efforts to fine-tune its rules relative to TV channel-sharing in advance of the fast-approaching spectrum auction. Those efforts included (in the Notice of Proposed Rulemaking (NPRM) component of the item) a number of proposals as to which the FCC expressly sought comment. The NPRM has now been published … Continue Reading
FCC Fine-Tunes Experimental Licensing Rules
New changes affect radio astronomy frequencies, emergency service providers, and medical telemetry bands, among others. It doesn’t matter if you’re a technology titan, a two-man start-up in a garage, or a spare-time basement tinkerer. You can make your radio tests legal with an FCC experimental license. The cost is not high – $65 for two … Continue Reading
NTIA Schedules Drone Stakeholder Confabs
NTIA steps up effort to develop consensus as to best practices for drone use In the race to see what agency will get gets its arms around drone management first, it looks like the dark horse is moving out in front. The FAA might ordinarily have been figured to be the odds-on favorite – it … Continue Reading
FCC Announces Upcoming Webinar on TV Channel Sharing
On the agenda: Everything, um, A lot of things, er, Several things, Stuff you always wanted to know about channel sharing but were afraid to ask If your station happens to be on the FCC’s Eligibility List for the upcoming reverse spectrum auction, listen up. The Incentive Auction Task Force and the Media Bureau are … Continue Reading
Intern-al Affairs IV: The Employer Strikes Back
The Second Circuit has weighed in on the on-going litigation by unpaid interns looking for pay. Who says that unpaid internships don’t teach interns anything? Why, just recently a number of unpaid interns learned an important lesson: what a trial judge giveth, an appeals court can taketh away. The U.S. Court of Appeals for the … Continue Reading
Flo & Eddie Hit a Florida Sinkhole
Unlike California and New York, the Florida sun doesn’t shine on Flo & Eddie’s claim of performance rights for pre-1972 sound recordings. It probably seemed like a good idea at the time. Flo & Eddie were suing Sirius XM in California and New York, so why not do the same in Florida? What could possibly … Continue Reading
Update: Last of the New Signal Booster Rules Now In Effect
The last of the rule revisions adopted by the FCC to help improve cell phone reception has now taken effect, thanks to a notice published in the Federal Register. This proceeding, aimed at allowing use of cellular signal boosters, last showed up on our radar here in the CommLawBlog bunker last fall, when the Commission … Continue Reading
Update: Deadlines Set for Comments on Proposed Reservation of UHF Channel Space for Unlicensed Use, Wireless Mics
A couple of weeks ago we reported on the Commission’s proposal to reserve onere vacant UHF TV channel in every geographic aa of the country for use by unlicensed TV white space devices and wireless microphones. With impressive speed the Notice of Proposed Rulemaking has found its way into the Federal Register. As a result, … Continue Reading
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