by Peter Tannenwald on (#4HKSD)
The Federal Communications Commission (“FCCâ€) has released a tentative Report and Order, scheduled for a vote on July 10, which, if adopted, will lift many restrictions from the Educational Broadband Service (EBS), including allowing educational institutions to sell their licenses to commercial entities and eliminating the requirement that 5% of system capacity be reserved for...… Continue Reading
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CommLawBlog
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Updated | 2024-04-26 15:04 |
by FHH Law on (#4H1ES)
The Federal Emergency Management Agency (“FEMAâ€) in coordination with the Federal Communications Commission (“FCC†or the “Commissionâ€), will conduct a nationwide test of the Emergency Alert System (“EASâ€) on August 7th, at 2:20 pm EDT. If conditions such as a real emergency or other unforeseen circumstances occur on the day of the test, a backup...… Continue Reading
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by Kevin Goldberg and Karyn K. Ablin on (#4GWGK)
Remember our April 4, 2019 “CALLING ALL OLDIES STATIONS!†post that alerted you to a simple form you could file to receive certain protections from potentially crippling infringement awards for unauthorized uses of sound recordings fixed before February 15, 1972 (aka “pre-72 recordingsâ€)? That post created quite a stir. In fact, we were flooded with...… Continue Reading
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by FHH Law on (#4GN2F)
The Federal Communications Commission (“FCC†or the “Commissionâ€) on June 4 released in a Public Notice streamlined financial information instructions for full-power/Class A TV stations receiving repack reimbursement that have changed their banking information or have sold or acquired an eligible station and need to transfer the banking information to the new owner. Eligible entities...… Continue Reading
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by Jeffrey Mitchell on (#4GKA5)
Broadband on Capitol Hill House Democrats have unveiled their $2 trillion dollar infrastructure package called the “Leading Infrastructure for Tomorrow’s America Act†(LIFT America Act). A House hearing was held May 22 with testimony from, among others, former FCC Commissioner Clyburn. The legislation includes $45 billion in broadband funding: $30 billion in reverse auction funds to...… Continue Reading
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by FHH Law on (#4G184)
Broadcast Deadlines: June 1, 2019: License Renewal Pre-Filing Announcements – Radio stations located in North Carolina and South Carolina must begin broadcasts of their pre-filing announcements with regard to their applications for renewal of the license. These announcements must be continued on June 16, July 1, and July 16. Radio Post-Filing Announcements – Radio stations...… Continue Reading
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by Donald Evans on (#4FQY9)
By a Notice of Proposed Rulemaking adopted on May 9, the Federal Communications Commission (“FCCâ€) sought comment on whether it should open the 1675-1680 MHz band for non-federal government mobile use. This marks the very plodding next step in a process that began back in 2012 when Ligado (then still known as Light Squared) petitioned...… Continue Reading
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by FHH Law on (#4ETG9)
We are very proud to congratulate our own Peter Tannenwald on being recognized by American University Radio in Washington, DC. for his many years of work with radio station WAMU, the local NPR affiliate found on 88.5 FM. Peter was presented with a ceremonial (but functioning) microphone at the WAMU Community Council meeting on May...… Continue Reading
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by Jeffrey Mitchell on (#4E770)
Broadband on Capitol Hill Although optimism for a broadband infrastructure spending bill this year is fading, it is still a possibility. Senate Minority Leader Schumer (D-NY) and House Speaker Pelosi (D‑CA) plan met with President Trump today to discuss infrastructure legislation. Schumer recently said that an overall infrastructure plan (including broadband and traditional infrastructure such...… Continue Reading
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by FHH Law on (#4E4NF)
Broadcast Deadlines: April 29, 2019: Quadrennial Review of Broadcast Ownership Rules – Comments are due with regard to the Notice of Proposed Rulemaking (MB Docket 18-349, FCC-18-179A1) which initiated the required 2018 Quadrennial Review of broadcast ownership rules. May 28, 2019: Deadline for Submission of Information on Earth Station and Satellite Use Of The C-Band...… Continue Reading
by FHH Law on (#4DTK4)
Fletcher, Heald & Hildreth’s Frank Montero, Steve Lovelady, and Dan Kirkpatrick recently presented a webinar about Online Public Inspection Files (OPIFs). The webinar, in collaboration with the broadcast associations of Arkansas, Colorado, Florida, Louisiana, Mississippi, New Jersey, New Mexico, Oregon, and Tennessee in addition to the Public Radio Regional Organizations, covered a variety of topics,...… Continue Reading
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by Steve Lovelady on (#4D7KW)
Has it been eight years already? It’s hard to believe, but yes – the license renewal cycle for radio stations is about to start over again, with preparatory on-air announcements already in progress. The TV cycle will start next year. In a Public Notice released today, The Federal Communications Commission’s (“FCC†or the “Commissionâ€) Media...… Continue Reading
by Michelle A. McClure on (#4D1GQ)
The Federal Communications Commission (“FCC†or the “Commissionâ€) issued a Public Notice on April 11, 2019 (DA 19-278) in the proceeding relating to the use of the 3.7 to 4.2 GHz band (referred to as the “C-bandâ€). In its July 13, 2018 Order, the Commission announced that it would issue an information collection requirement for...… Continue Reading
by Seth Williams on (#4CJ6Y)
On March 15, 2019, the Federal Communications Commission (“FCC†or the “Commissionâ€) released a notice of proposed rulemaking (“NPRMâ€) seeking comment on how the Commission can improve its secondary market rules for spectrum transactions. Specifically, the FCC wants to know whether and how it can improve its secondary market rules to get more spectrum in...… Continue Reading
by Karyn K. Ablin and Kevin Goldberg on (#4CGFX)
WINDOW FOR LIMITING PRE-72 SOUND RECORDING OWNERS’ ABILITY TO COLLECT CRIPPLING DAMAGES AWARDS FROM YOU IS RAPIDLY CLOSING If you are an “Oldies†station – or you play more than a handful of songs from the early 60s/early 70s (or before) in a given week – then this post is for you. There is a...… Continue Reading
by Peter Tannenwald on (#4CBKF)
The Federal Communications Commission (“FCC†or the “Commissionâ€) has opened a new frontier in the amount of spectrum available for unlicensed and experimental operations, adopting rules covering frequencies between 95 GHz and 3 THz (3,000 GHz). Once upon a time, the world’s techies thought that radio waves at extremely high frequencies (i.e., with very short...… Continue Reading
by Peter Tannenwald on (#4C959)
Full Power and Class A TV stations that are changing channels as part of the TV spectrum repack and are scheduled to transition in Phases 3, 5, and 8 have been granted relief from the obligation to file what would otherwise be duplicative transition reports close together in time. Full power and Class A stations...… Continue Reading
by Dan Kirkpatrick on (#4C0VN)
[Editor’s Note: This is part 2 of a 2-part series. Part 1, addressing repack funds for LPTV and TV Translator stations, is available here] As we reported in August 2018, the Federal Communications Commission (“FCC†or “Commissionâ€) at that time released a Notice of Proposed Rulemaking laying out how it would parcel out reimbursement funds...… Continue Reading
by Dan Kirkpatrick on (#4BYX7)
[Editor’s Note: This is part 1 of a two part series. Part 2, addressing repack funds for FM stations, will be available tomorrow] As we reported in August 2018, the Federal Communications Commission (“FCC†or “Commissionâ€) at that time released a Notice of Proposed Rulemaking laying out how it would parcel out reimbursement funds for...… Continue Reading
by FHH Law on (#4BW1X)
Broadcast Deadlines: April 1, 2019: License Renewal Pre-Filing Announcements – Radio stations located in the District of Columbia, Maryland, Virginia, and West Virginia must begin their pre-filing announcements with regard to their applications for renewal of license. These announcements must be continued on April 16, May 1, and May 16. Equal Employment Opportunity (EEO) Public...… Continue Reading
by Peter Tannenwald on (#4BG0J)
The Federal Communications Commission (“FCC†or the “Commissionâ€) has announced in a public notice on March 19, 2019, that it will lift the 9-year old freeze on applications for displacement relief and digital companion channels by Low Power Television and TV Translator stations (together, “LPTVâ€). Applications will be accepted starting April 18, 2019. The new...… Continue Reading
by Kevin Goldberg on (#4BCXM)
[Blogmeister’s Note: To re-state an obvious but important point that our blogger, Kevin, has previously made, neither he nor we are “employment†lawyers. But readers and others have expressed enough interest in the coming changes to the federal minimum wage and overtime rules that he thought it a good idea to take a look at...… Continue Reading
by FHH Law on (#4A5R7)
We are proud to congratulate retired FHH member Frank Jazzo on his recent recognition at the NAB State Leadership Conference. Overall, it was a wonderful presentation with some of his closest clients offering warm testimonials. Quite simply, “Frank Jazzo is the guy to know. He’s smart, he’s kind, he’s great at his job,†said John...… Continue Reading
by FHH Law on (#4A3JJ)
In December we reported that the Federal Communications Commission (“FCC†or the “Commissionâ€) commenced their 2018 Quadrennial Review of media ownership rules by adopting a Notice of Proposed Rulemaking (“NPRMâ€). On February 28, that NPRM was published in the Federal Register, establishing the comment and reply comment dates in the proceeding. Comments on the NPRM...… Continue Reading
by Kevin Goldberg and Karyn K. Ablin on (#4A33T)
One of the most famous movie franchises ever is the “Rocky†series. From its origin as an underdog story where an unknown fighter named Rocky Balboa shocks the world by taking heavyweight champion Apollo Creed the distance (spoiler alert: only to lose the fight but get the girl) through sequels II (Rocky Wins!), III (Mr....… Continue Reading
by Seth Williams on (#4A0PS)
The Federal Communications Commission (“FCC†or the “Commissionâ€) continued its long-running fight against unwanted robocalls earlier this month, but the steps the Commission proposed may not make a significant impact immediately. On Friday, February 15th, the FCC released a notice of proposed rulemaking (“NPRMâ€) seeking comment on issues associated with implementing new caller ID spoofing...… Continue Reading
by Seth Williams on (#49Y56)
There’s a green wave coming in the form of expanding marijuana legalization across the US, and many of the people trying to take advantage of this green wave are also trying to turn it into another kind of green: money. Broadcasters are also looking to take advantage of these new revenue opportunities, but because marijuana...… Continue Reading
by FHH Law on (#49VVM)
Broadcast Deadlines – March 11, 2019: Additional Steps to Revitalize the AM Radio Service – Reply comments are due in response to the Federal Communications Commission (“FCC†or the “Commissionâ€) Second Further Notice of Proposed Rulemaking with regard to revised alternative proposals regarding interference protection to Class A AM radio stations. April 1, 2019: Equal...… Continue Reading
by Matt McCormick and Keenan Adamchak on (#49KHB)
Anyone who has filed an application for a new noncommercial educational (NCE) station or a new Low Power FM (LPFM) station knows that many traps beset the unwary throughout the process. If you fall into one of those traps, your chance of success can be severely injured. On Valentine’s Day, the Federal Communications Commission (“FCCâ€...… Continue Reading
by Keenan Adamchak on (#497T6)
On February 14, 2019, the Federal Communications Commission (“FCC,†or the “Commissionâ€) released a Report and Order in which it eliminated the requirement that certain broadcast television and radio stations file a Broadcast Mid-Term Equal Employment Opportunity (EEO) Report (Form 397). As we reported back in January, the FCC found that the Form 397 reporting...… Continue Reading
by FHH Law on (#48NY0)
As we reported back in December, the Federal Communications Commission (“FCCâ€) issued a Report and Order that would eliminate the need to post and maintain broadcast licenses at a physical location. The Commission’s stated goal is to modernize U.S. “media rules and remove unnecessary regulatory burdens that impede competition and innovation in the media marketplace.â€...… Continue Reading
by Frank Montero on (#48KBQ)
Last month I participated in a webinar with my colleague Dan Kirkpatrick where we addressed the issue of advertising controversial products. While the topic of marijuana advertising (which we discussed in our webinar) gets much attention these days–especially with the recent decision by CBS to turn down a cannabis ad for the Super Bowl–we also...… Continue Reading
by FHH Law on (#48H05)
Washington-area based telecommunications, media, and technology law firm Fletcher, Heald & Hildreth, P.L.C. is pleased to announce that Jeffrey A. Mitchell has joined the firm as Of Counsel. Jeffrey brings with him more than two decades of Telecommunications experience both in private practice and in multiple roles for the Universal Service Administrative Company (USAC). The...… Continue Reading
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by FHH Law on (#481Q5)
As we reported, immediately after reopening from the Federal government shutdown, the FCC extended most filing deadlines that would have fallen during the shutdown to January 30, 2019. Upon review, the FCC has now further extended many of those deadlines. In a Public Notice released on January 30, the Commission’s Bureaus and Offices collectively retained the...… Continue Reading
by FHH Law on (#47Z8N)
As we reported early in the government shutdown, the FCC proactively extended most filing deadlines until one business day after the first day the FCC was re-opened post-shutdown. Now that the government (including the FCC) has reopened, the Commission has further extended that deadline by one additional day. As a result, most filings that would have been...… Continue Reading
by FHH Law on (#47S9K)
You’ll find below the list of deadlines* facing broadcasters and telecommunications providers during the upcoming months of February, March, and April. If you noted the asterisk, it’s because the government shutdown may affect many of these deadlines, either because the relevant online filing system or the required information is not accessible. If that is the...… Continue Reading
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by Kevin Goldberg and Karyn K. Ablin on (#47PYW)
This is the promised follow up to our December 14, 2018 post regarding the compliance obligations for 2019 under the statutory licenses found in Sections 112 and 114 of the Copyright Act (the “statutory licensesâ€) allowing webcasters to make public performances sound recordings via digital audio transmission and to make related temporary copies of those...… Continue Reading
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by Kevin Goldberg on (#47FPW)
The matchup for the National Football League’s championship game, aka the “Super Bowlâ€, is set. The Los Angeles Rams will face the New England Patriots on Sunday, February 3 in Atlanta in a game that will be hard pressed to exceed either conference championship game in terms of excitement or controversy. Each of the NFC Championship,...… Continue Reading
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by Mitchell Lazarus on (#47B5G)
One downside of a government shutdown—or the present partial shutdown that includes the FCC—is the inability of technology companies to obtain the FCC certifications they need to market certain kinds of new products. Good news: the FCC has reopened a website that makes it possible for most (not all) new devices to obtain their certifications....… Continue Reading
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by FHH Law on (#47914)
In collaboration with the Colorado Broadcasters Association, Fletcher, Heald & Hildreth’s Frank Montero and Dan Kirkpatrick presented a webinar covering guidelines for broadcasters on how to handle controversial advertising and proper sponsorship identification. Frank and Dan discussed many aspects of Federal and state regulation pertaining to advertising on potentially problematic subjects, including marijuana, tobacco, alcohol, and...… Continue Reading
by Seth Williams on (#46T0R)
On December 12, the Federal Communications Commission’s (“FCC†or “Commissionâ€) three Republican Commissioners were in a self-congratulatory mood for standing with consumers against unwanted robotexts by classifying text messaging as a Title I service, but did the Commission’s classification decision really mark a major TCPA victory for consumers? Probably not. As Sekoia Rogers detailed on...… Continue Reading
by Sekoia Rogers on (#46QFX)
On December 12, 2018, the Federal Communications Commission (“FCC†or “Commissionâ€) adopted a Declaratory Ruling that finds Short Messaging Service (SMS) and Multimedia Messaging Service (MMS) are “information services†under the Communications Act and that these services are not “telecommunications services†or “commercial mobile servicesâ€. As a result, SMS/MMS won’t be subjected to the regulatory...… Continue Reading
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by Keenan Adamchak on (#46MK3)
On January 3, 2019, the Federal Communications Commission (“FCC†or the “Commissionâ€) released a proposed Report and Order which would eliminate the requirement that certain broadcast television and radio stations file a Broadcast Mid-Term EEO Report (Form 397). The Commission released the proposed Report and Order for adoption at its public meeting scheduled for January...… Continue Reading
by Davina Sashkin on (#46JJR)
Wondering how the federal government shutdown affects your broadcast station’s regulatory compliance obligations? Because some of the FCC’s online systems are up and running while others are not, it can be confusing as to what is still required of broadcasters. We have sorted through the confusion to help you understand what should still be prepared...… Continue Reading
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by Mark DeSantis on (#4651S)
At its December open meeting, the Federal Communications Commission (“FCC†or “Commissionâ€) took a significant step toward facilitating the deployment of fifth-generation (5G) wireless advanced services. For those still wondering what exactly 5G is, we have written about the highly touted mobile broadband technology several times, including here and here. The FCC has already cleared...… Continue Reading
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by Keenan Adamchak on (#45GBT)
On December 12, 2018, the Federal Communications Commission (“FCC†or the “Commissionâ€) issued a Notice of Proposed Rulemaking (“NPRMâ€) commencing the 2018 Quadrennial Review of the Commission’s media ownership rules. The FCC is required under Section 202(h) of the Communications Act to review most of its broadcast ownership rules every four years to determine whether...… Continue Reading
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by Seth Williams on (#45DE2)
On December 12, the Federal Communications Commission (“FCC†or “Commissionâ€) adopted an order that creates a reassigned number database to help callers avoid Telephone Consumer Protection Act (“TCPAâ€) violations that can occur when telephone numbers get reassigned to new users. We covered some of the details in a previous CommLawBlog post when the FCC pre-released...… Continue Reading
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by Sekoia Rogers on (#45B3E)
Two years into Ajit Pai’s chairmanship, a central theme at the Federal Communications Commission (“FCC†or “Commissionâ€) is deregulation. Sometimes framed in terms of “modernizing media rules,†the topic is at the forefront of just about every proceeding. This was true for one of the most recent decisions at the Commission, as a Report and...… Continue Reading
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by Kevin Goldberg and Karyn K. Ablin on (#4510D)
We usually publish our “Webcaster Wake Up Call!†post each January. This post reminds webcasting services of their compliance obligations for the upcoming year under the statutory licenses found in Sections 112 and 114 of the Copyright Act (the “statutory licensesâ€) allowing them to publicly perform sound recordings via digital audio transmission. Part of the...… Continue Reading
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by FHH Law on (#44SSX)
December (the most wonderful time of the year) often carries with it a sense of retrospection. We start looking back on the year that was, compiling “Best of†lists, tying up loose ends, getting those last donations and expenses in under the wire. Of course, there’s also plenty of forward-looking at what the new year...… Continue Reading
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