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Updated 2024-11-21 18:18
Convention-al Wisdom: Auxiliary Frequency Coordination Provisions for Political Confabs Announced
FCC takes steps in anticipation of extensive auxiliary operation at upcoming conventions, inauguration It looks like Louis Libin won’t be getting much time off this month, or next January either, for that matter. That’s because he has been designated as the single point of contact for frequency coordination operations under Section 74.24 at (deep breath, … Continue Reading
FCC Forfeiture Limits Increased Across the Board
Keeping up with the cost-of-living … If you happened to feel a vague, somewhat disturbing, shudder recently, don’t worry: it was just the upper limit of potential FCC fines being raised across the board. By Order effective July 1, 2016 (or maybe August 1 – we’ll get to that), the Commission followed up on a … Continue Reading
FAA Adopts Operating Rules for Commercial UAS Use
New rules set stage for next phase of UAS operation in U.S. skies The wait is over: nine months after a Congressionally-mandated deadline, the FAA has finally issued rules for the commercial operation of small unmanned aircraft systems (UAS, known familiarly as “drones”) in the U.S. National Airspace System (NAS). The Order – which officially … Continue Reading
Moving to the Cloud? Some Tips on Negotiating the Deal
Despite what your Cloud provider may suggest, there’s room for you to negotiate – and plenty of reasons to do so. Have you been thinking about moving some, maybe all, of your services or data to the Cloud? The push to get you to do just that is on, spurred by Amazon, Google and various … Continue Reading
FCC Un-Restricts Restricted Bands for More Experimental Licenses
Sensitive frequencies now available to companies developing medical devices. A small fraction of frequency bands need extraordinary protection from radio interference. Some, like those used for radio astronomy, depend on extremely sensitive receivers. Others carry signals essential to safety, like search-and rescue bands and GPS, which helps to land airplanes as well as to find … Continue Reading
Update: Comment Deadline Announced for Proposed Revisions to EAS Operating Handbook
Less than a week ago we reported that the FCC has invited comments on a draft revision of its EAS Operating Handbook proposed by the Communications Security, Reliability, and Interoperability Council (CSRIC). We mentioned that the comment period would be short – 15 days from Federal Register publication – which suggested that the FCC wants … Continue Reading
EAS Test Reporting System Now Open for Business
EAS participants must register and complete Form One pronto; FCC also seeks comment on new approach to the EAS Handbook Attention, all you EAS participants. The Commission has formally opened up its new EAS Test Reporting System (ETRS), which means that you’ve got until August 26, 2016 to get into the site and complete Form … Continue Reading
Revised FCC Procedures for Accrediting Overseas Test Labs Take Effect July 29
Same action grants extra time for recognizing non-accredited labs. Of course you remember our recent post about the FCC’s change to its procedures for accrediting overseas test labs, and its grant of extra time for recognizing non-accredited labs. And of course you’ve been on tenterhooks (whatever they are) waiting for these changes to take effect. … Continue Reading
Alien Ownership: FCC Seeks Comment on “Streamlined” Review Process
Proposal would put other agencies on 90-day clock to complete review of possible national security issues. In an effort to facilitate foreign investment in U.S. common carrier and broadcast licensees, the FCC has proposed changes in the way it processes proposals involving reportable levels of foreign ownership. Historically, a major source of delay in the … Continue Reading
Student Discount: FOIA “Educational Institution” Fee Exemption Available to Students
D.C. Circuit reverses longstanding – if illogical – policy of many agencies. The federal Freedom of Information Act (FOIA) and its state equivalents remain a useful tool for anyone wishing to keep an eye on our governments’ activities. FOIA requests have led to the exposure of waste, fraud and abuse in government programs. Such revelations, … Continue Reading
Legal 500 Kudos to Karyn Ablin, Copyright Lawyer Par Excellence
A week or two ago we introduced you to Karyn Ablin, a new arrival at FHH but an old-hand in a number of practice areas, including particularly copyright law. We should have held off on the welcoming post, because no sooner had we put it up but Karyn added yet another honor that we could … Continue Reading
Update: Channel-Sharing Provision of New LPTV/TV Translator Rules Now in Effect
Slowly but surely the post-repack regulatory landscape for LPTVs and TV translators is getting established. Back in December, the Commission adopted a number of provisions addressing the predicaments likely to be faced by the LPTV/translator industries once the Broadcast Incentive Auction – and the consequent channel repack – and over and done with. As part … Continue Reading
Update: Comment Deadlines Set in Online Public File Rulemaking
Last month we reported on an FCC proposal to ditch two vestiges of the old local public inspection file requirements. On the way out the door: first, the rule requiring broadcasters to make available for public inspection correspondence from audience members concerning station operation; and second, the obligation for cable operators to include in their … Continue Reading
More Time, More Guidance for Test Lab Accrediting Bodies Seeking FCC Recognition
Action paves way for continued equipment approvals in China, elsewhere As we’ve reported, about 18 months ago the Commission issued new rules modifying its equipment authorization procedures. Those procedures, of course, have long relied in large measure on independent labs that test devices and certify their compliance with FCC standards. In a key change, in … Continue Reading
More Time, More Guidance for Test Lab Accrediting Bodies Seeking FCC Recognition
Action paves way for continued equipment approvals in China, elsewhere As we’ve reported, about 18 months ago the Commission issued new rules modifying its equipment authorization procedures. Those procedures, of course, have long relied in large measure on independent labs that test devices and certify their compliance with FCC standards. In a key change, in … Continue Reading
One Agency to Another: FTC Shares Its Views on FCC’s Internet Privacy Proposals
With the voice of experience, the FCC’s sister Commission provides support, criticism. As we alerted you a couple of months ago, the FCC is in the process of crafting rules intended to protect the private/propriety information (PI) of those of us accessing the Internet through Internet Service Providers (ISPs). If eventually adopted, the rules would … Continue Reading
Update: Effective Date Set for More of the New Rules Governing Wireless Mics, White Space Devices
Effective date of a Wireless Medical Telemetry Service rule is still pending. Last August we reported on a number of changes in the rules governing wireless mics and white space devices, and last November we reported that the effective date of some, but not all, of those rule changes had been set. The rules not … Continue Reading
Three’s the Charm: Net Neutrality Rules Survive Latest Trip to the D.C. Circuit
We suspect that a lot of our readers have been anxiously awaiting the D.C. Circuit’s latest decision in the Net Neutrality proceeding. Here it is, just released. We here in the CommLawBlog bunker haven’t yet had a chance to review and digest the 115-page majority opinion (co-authored by Judges David Tatel and Sri Srinivasan), much … Continue Reading
FHH Participating in IURISGAL, a Global Network of Spanish-Speaking Law Firms
Fletcher Heald & Hildreth is proud to announce that it has become affiliated with the IURISGAL International Network of Law Firms, an independent network – the first and only network – of law firms capable of providing legal services to their clients in the Spanish language. IURISGAL presently includes nearly 40 firms located across four continents. … Continue Reading
Still More Ink for FHH Lawyer Lazarus!
FHH lawyer Mitchell Lazarus began his professional life as an electrical engineer … until he took a wrong turn, he says, and ended up in the law. But that hasn’t tarnished his cred among the tech audience, as demonstrated by his regular appearances in the pages of IEEE Spectrum, the leading global magazine for electrical … Continue Reading
Karyn Ablin Joins FHH
Wilkommen, Bienvenue, Welcome! Fletcher, Heald & Hildreth is pleased to announce that Karyn K. Ablin has joined us as a member of the firm. Karyn has more than two decades of practice experience, with a particular focus on intellectual property issues. Where has she practiced? Where hasn’t she practiced? She’s spent a lot of time … Continue Reading
Having Re-Thought its 5.8 GHz Wi-Fi Technical Rules, FCC Has to Think Again
In petitions for reconsideration, wireless Internet service providers and car manufacturers go head to head over out-of-band emissions limits. This was supposed to be a simple rule fix. Why are we still talking about it? An unlicensed band at 5.8 GHz is heavily used for Wi-Fi, among other things. It is a particular favorite of … Continue Reading
DSRC vs. Wi-Fi – Let the Games Begin!
This summer, many competition-hungry spectators will flock to Rio for the Olympics. But others may prefer to stay home and watch a different competition unfold: the Spectrum Olympics, pitting Dedicated Short Range Communications (DSRC) against Wi-Fi. The prize? Determining how best to share the 5.850-5.925 GHz band (also referred to as the “U-NII-4 band”). Two … Continue Reading
Question: When is a Pre-1972 Recording Not a Pre-1972 Recording?
Answer: Unclear, but it could be more often that you might think. In the ongoing litigation over whether recording artists are entitled to performance right royalties for the public performance of pre-February 15, 1972 recordings, we have a new wrinkle. A federal judge in the U.S. District Court for the Central District of California has … Continue Reading
Update: Online Public Inspection File Webinar Announced
If you’re among the thousands about to be subjected to the FCC’s new Online Public Inspection File (OPIF) system, listen up. The Commission has announced that it will be presenting its webinar on how that system works on Monday, June 13, 2016 at 1:00 p.m. (ET). As we suggested last month when the FCC set … Continue Reading
As Expected, Labor Lifts Limits for Minimum Wage/Overtime Exemptions
[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
Beefing Up Video Description Requirements?
Commission seeks comment on steps to improve, expand accessibility of video-described programming Way back at the dawn of the century (the 21st Century, that is), the FCC adopted rules requiring video providers to include “video descriptions” in their transmission. “Video description” involves the insertion, into natural pauses in the program’s dialogue, of audio-narrated descriptions of … Continue Reading
On the Way Out: Two Vestigial Remnants of Pre-Online Public File Universe
Commission proposes to eliminate obligations to include public correspondence in commercial broadcasters’ public files, headend location information in cable operators’. Following through on a promise it made in January, the Commission has proposed to eliminate one element of its local public inspection file rules for broadcasters, and it has now proposed to do the same … Continue Reading
FCC to Wrongdoers: Answer Your Mail!
Failure to respond to FCC notices can have adverse consequences. When the FCC proposed to fine Chinese company C.T.S. Technology $34,912,500 a couple of years ago for marketing jammers in the United States, we predicted it would have trouble collecting. Silly us – we underestimated the FCC’s problems in even communicating with C.T.S., which did not … Continue Reading
LPTV/TV Translator Deadline … or Punchline … Announced
Bureau announces, sort of, deadline for eligibility for first post-Spectrum Auction displacement window. LPTV and TV Translator licensees have known for some time – at least since last December – that they’re going to need to be “operating” as of a certain date in order to be eligible for the first displacement window that will … Continue Reading
The Quad Pulls A Sisyphus … Again
Three’s the charm, as the Third Circuit sends the FCC’s Quadriennial Review proceeding back to the Commission for a third time We once described the FCC’s quadrennial ownership review process as Sisyphean in nature. Keeping with that analogy, we can report that the rock has now rolled back down the hill … again. But this … Continue Reading
Stakeholders Reach Consensus on “Best Practices” for Commercial UAS
Year-long multistakeholder process convened by NTIA produces voluntary standards for protecting privacy in drone use. As we reported last year, at the request of the President, the National Telecommunications and Information Administration (NTIA) has been overseeing a multistakeholder process looking toward the development of a set of “best practices” for the commercial and private use … Continue Reading
Major Changes in the Works on the Business Data Services (a/k/a Special Access Services) Front
Investigation of BDS tariff provisions, further data analysis lead to new standards and a proposed new regulatory regime The market for special access service – also known by some (including the FCC) as “business data services” or “BDS” – is under the Commission’s regulatory microscope. In a sprawling, two-pronged decision, the FCC has (a) ordered … Continue Reading
Update: Effective Dates, Reconsideration/Appeal Deadlines Set in Lifeline Overhaul
Just last week we reported on the FCC’s overhaul of the Lifeline program. The Commission’s sweeping decision has now been published in the Federal Register. As frequent visitors here know, that publication does a couple of things. First, it sets the effective date for some, but by no means all, of the new rules. That … Continue Reading
Want Unlicensed? Tell It To The Hill
Congress increasingly focused on dictating spectrum use. If you have your eye on some spectrum for a particular use, you’d likely go to the FCC and participate in a rulemaking proceeding, or perhaps initiate one, proposing that the rules be revised to specify that your preferred spectrum could be used for your preferred use. Maybe … Continue Reading
And the NSMA Fellow Award Goes To …
FHH lawyer and CommLawBlog contributor Mitchell Lazarus recognized The National Spectrum Management Association (NSMA) is an organization of “like minded individuals who take spectrum and regulatory issues very seriously.” Many of its members have been in the spectrum business for decades. Proper stewardship of the spectrum, says their website, is not just “their job but … Continue Reading
Update: Access Instructions for First-Time OPIF Users
We recently reported on the FCC’s announcement of the availability – for introductory test purposes – of the soon-to-be-mandatory Online Public Inspection File (OPIF) system that it has developed. The new test site, launched by the Commission as of May 12, is intended to let all newbies to the online public file world get familiar … Continue Reading
FCC Overhauls Lifeline Program
Faster, simpler, cheaper process, but no greater support The federal Lifeline program – a program overseen by the FCC and originally designed to provide subsidized phone service to low-income households – has never been a model of efficiency or consistency. Four years ago the Commission tried to tighten things up on the Lifeline front. And … Continue Reading
2016 Regulatory Fees Proposed: Larger Market TV Fees Going Up, Most Radio Fees Heading Down
If it’s May, it must be time for proposed regulatory fees – and sure enough, here they are! In a Notice of Proposed Rulemaking (NPRM), the FCC has got the ball rolling down the road that, for many regulatees, will lead us to a payment deadline sometime in September (or maybe August, but don’t count … Continue Reading
Update: Reconsideration of New Ownership Reporting Requirements Sought
The saga of the FCC’s quest to devise the Perfect Ownership Report slogs on. Readers will recall that, back in January, the Commission adopted a new approach to identifying individual attributable owners for tracking purposes across reports (so long, SUFRN; hello, RUFRN!). Also, among other changes, noncommercial educational licensees were advised that they, too, would … Continue Reading
Time to Test Drive the New and Improved Online Public File System!
“Local” no more – as of June 24, new “OPIF” will be up and running … but a demo can – AND SHOULD – be checked out NOW Last January we reported on the FCC’s decision to expand its online public inspection file (now officially referred to as “OPIF”) requirement to include radio broadcasters, cable … Continue Reading
Reminder: Reverse Auction Workshop Set for May 24; Agenda Now Available
A couple of weeks ago we reported on the FCC’s announcement of the final steps in the run-up to the start of bidding in the clock phase of the reverse auction portion of the long-awaited, much-anticipated Broadcast Incentive Auction. One of those steps: an FCC-conducted workshop on the online bidding system that participants will have … Continue Reading
As Deadline Looms, Location Monitoring Service Licensee Looks to Locate Plan B
PCS Partners seeks 3GPP LTE use for thus-far-unused – and soon-to-be-expired – licenses. Nearly two years ago, we reported that the Wireless Telecommunications Bureau put Multilateration Location Monitoring Service (M-LMS) licensees in the hot seat: build out soon, or lose your licenses. “Soon” is almost upon us – the Bureau’s 2014 Order requires that all … Continue Reading
The Citizens Broadband Radio Service Proceeding Advances – But When Will The Service Be Up and Running?
FCC wraps up additional work on 3.5 GHz proceeding, but more remains As we reported a year ago, the FCC has been hard at work developing the Citizens Broadband Radio Service in the 3550-3700 MHz (3.5 GHz) band. Under the new regulatory scheme, the Commission aims to try out a three-tiered access framework. Three different … Continue Reading
Update: Effective Date Set for Portions of Foreign-Language EAS Order
Recon, appeal deadlines also established Early last month we reported on the FCC’s “grant” of a petition by several organizations – Independent Spanish Broadcasters Association, the Office of Communication of the United Church of Christ, Inc., and the Minority Media and Telecommunications Council, to be specific – who wanted the Commission to require the provision … Continue Reading
Back Again: FCC Boot Camp!
Three-day program in San Francisco will feature FHH’s Laura Stefani and Dan Kirkpatrick along with other eminent FCC practitioners providing insight into All Things FCC. Attention, all you Friends of CommLawBlog! San Francisco beckons, again. The American Conference Institute is presenting its second annual “FCC Boot Camp” program there from June 27-29, 2016. And this … Continue Reading
Update: Deadline for Appeals of CRB’s Webcasting IV Decision Set
Back in December I reported on the Final Rule and Order adopted by the Copyright Royalty Board in its Webcasting IV proceeding (official name: “Determination of Royalty Rates and Terms for Ephemeral Recording and Webcasting Digital Performance of Sound Recordings”. And now, a mere four or five months after the CRB first announced its decision (which … Continue Reading
The New Future of OTA TV? Media Bureau Seeks Comment on Proposed Next Generation TV Standard
ATSC-designed transmission system promises lots of upside, minimal downside – as long as the FCC and marketplace cooperate. The broadcast television industry is resilient. Its core over-the-air technology was fundamentally changed with the transition from analog to digital transmission in 2009 and its spectrum habitat is about to shrink dramatically thanks to the Incentive Spectrum … Continue Reading
The End Is Near: Spectrum Auction Clearing Target, Schedule Announced
It’s crunch time – so everybody looking to participate in the Incentive Auction should pay close attention. At long last, the Commission has announced the Initial Clearing Target that it plans to shoot for in the Incentive Auction, and it has set the dates for the commencement of the reverse auction. These are developments of … Continue Reading
“This Is Only A(nother) Test …”
In connection with second-ever nationwide EAS test (now scheduled for September), FCC introduces new EAS Test Reporting System If you participate in the Emergency Alert System, it’s time to get out your calendars and circle Wednesday, September 28, 2016 – because we now know that that’s the day on which our friends at the Federal … Continue Reading
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