CommLawBlog

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

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

We recently reported on the Commission’s decision to impose numerous additional obligations upon rate-of-return regulated incumbent local exchange carriers (ILECs), while leaving many rural ILECs with the same or even less compensation to satisfy the significant broadband build-out expenditures mandated by the new regulations. The FCC’s Report and Order, Order and Order on Reconsideration in … Continue Reading

We recently reported on a request for comments in which the FCC is seeking input on how it should incorporate new ANSI-adopted measurement procedures into its rules. That request has now made it into the Federal Register, which establishes the deadlines for comments and replies. Take note: the periods are shorter here than in many … Continue Reading

PMCM’s WJLP(TV), proud to be New Jersey’s full-service commercial VHF station Long-time readers will recall that, back in 2009, we reported on a mind-blowing proposal to take Station KVNV(TV), Channel 3, then licensed to Ely, Nevada, and relocate it about 2,500 miles east, to Middletown Township, New Jersey. The proposal was advanced by PMCM TV, … Continue Reading

Massive proposal would impose new limits, obligations on ISP use of private/proprietary customer data. Continuing its advance into the realm of privacy regulation, the FCC has proposed extensive rules that, if adopted, would impose a wide range of new regulations on Internet service providers (ISPs) in their provision of broadband Internet access service (BIAS). According … Continue Reading

Many readers will recall our promotional posts about the webinar on the current status of UAS regulation scheduled for last week. (Wait a minute – UAS? You may be more used to hearing about “drones”, but you’d better get used to referring to them as “Unmanned Aircraft Systems”, because that’s how the FAA refers to … Continue Reading

Cost support for ILECs goes down while network obligations go up On March 30, 2016, the FCC released a Report and Order, Order and Order on Reconsideration, and Further Notice of Proposed Rulemaking, imposing numerous additional obligations upon rate-of-return regulated incumbent local exchange carriers (ILECs), while leaving many rural ILECs with the same or even … Continue Reading

Ranks of those eligible for minimum wage and time-and-a-half for overtime could swell with anticipated change in Department of Labor definition of “exempt employee” If you’re an employer or an employee, you’ll want to read this. The Department of Labor is in the process of reviewing its definition of “exempt employee” for purposes of the … Continue Reading

Public notice seeks guidance on incorporating new ANSI measurement procedures. This is one of those items that will interest only a few readers, but will interest those readers a lot. Along with technical requirements for many kinds of devices, the FCC prescribes measurement procedures for assessing compliance with those requirements. Some of these procedures are … Continue Reading

FCC “grants” petition seeking mandatory foreign language EAS alerts by declining to impose mandatory foreign language EAS alerts; but some new reporting requirements are added How do you say EAS en español? Apparently, that’s something EAS participants won’t need to worry about anytime soon. The FCC has rejected a proposal that would have mandated the … Continue Reading

Meet the new approach to media relations, definitely NOT the same as the old approach In a little heralded order, the Commission has announced a dramatic reorganization – and elevation – of the Office of Media Relations (OMR). Did we say OMR? Not anymore. From now on, it’s the BUREAU of Media Relations. Apparently concerned … Continue Reading

Companies granted waiver to deploy TV white space gear on farm equipment, farmhouses It happened again. Just when the lawyers thought they finally had a regulatory scheme that works, the engineers came up with a new idea that doesn’t fit. We recently wrote about this phenomenon in ultra-wideband technology, in an agricultural context. This time it’s … Continue Reading

“Broadcasters and Drones – Staying Street-Legal in the Sky” This is a reminder that FHH drone mavens Laura Stefani and Jon Markman will be presenting a webinar on the current state of FAA regulation of drones – or, as the FAA prefers to call them, “unmanned aircraft systems”, or “UASs”. The webinar will be available … Continue Reading

You may want to strap yourself in for this one – to avoid the intellectual whiplash that might otherwise result. Every year, the National Recording Preservation Board – a federal organization comprised of esteemed composers, musicians, musicologists, librarians, archivists, and representatives of the recording industry – undertakes a duty assigned to it by our elected … Continue Reading

In two similar cases (with markedly different results), the Bureau demonstrates that the calculation of fines is not art, and certainly not science. Maybe we’re just not very smart, but we can’t figure out the FCC’s rationale for penalizing certain categories of wrongdoers. Take, for example, the case of Taylor Oilfield Manufacturing, Inc., located in … Continue Reading

FHH Profs Montero and Kirkpatrick show them how it’s done. If you’re going to learn, you’re best off learning from the best. That’s why, each year, a class of aspiring broadcast executives makes the pilgrimage to NAB’s D.C. HQ to participate in the 10-month Executive MBA-style program created by the National Association of Broadcasters Educational … Continue Reading

D.C. Circuit grants one aspect of stay request, leaving the Incentive Auction on track For the time being, the Incentive Auction is still on track: the U.S. Court of Appeals for the D.C. Circuit has granted the stay request of Latin Broadcasters of Daytona Beach, LLC. Wait – the auction is on track, but the … Continue Reading

The Internet’s stunning growth, from its beginnings through maturity in 2005, relied on common carrier rules. (Blogmeister’s note: Even more than usual, this post reflects the views of its author and not necessarily those of Fletcher, Heald & Hildreth, its other lawyers, or its clients.) The FCC’s latest effort at net neutrality rules is a … Continue Reading

Despite 2012 interference to Newark airport GPS system, Gary Bojczak skates with lowball $2,360 fine – if he keeps his jammer off for three years. Readers with long memories will recall Mr. Gary P. Bojczak, who operated an illegal jammer in order (apparently) to defeat the GPS tracking device his employer had installed in his … Continue Reading

We have previously reported that one party (Latina Broadcasters of Daytona Beach, LLC) has asked the U.S. Court of Appeals for the D.C. Circuit to stay either (a) the exclusion of Latina’s application from the upcoming reverse auction) or (b) the reverse auction itself. And now the Videohouse Three (about whose appeal we have also … Continue Reading

[Blogmeister’s Note: While our colleague, Kevin Goldberg, may have some reservations about the utility of drones under the present state of FAA regulation, the fact remains that many broadcasters and other newsgatherers are still eager to take advantage of the opportunities drones currently provide. Anyone wishing to do so should take care to understand what … Continue Reading

As the FCC plows ahead with plans to start its reverse auction process by requiring initial commitments by 6:00 p.m. (ET) on March 29, 2016, efforts by stations seeking a ticket into the reverse auction through Class A protection continue down at the D.C. Circuit. As we have reported, the Videohouse Three managed to get … Continue Reading

FEMA-organized test to include 22 states, two territories and D.C. Here’s a big CommLawBlog HEADS UP for those of you broadcasting in any of these 25 (count ‘em, 25!) jurisdictions: Alabama, Arkansas, Delaware, D.C., Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Louisiana, Maryland, Mississippi, Missouri, Nebraska, New Jersey, New York, North Carolina, Oklahoma, Pennsylvania, Puerto Rico, … Continue Reading

But legislation currently in the works could improve prospects considerably. It seems like everybody’s been talking about drones and the myriad ways that they will make our lives better. Even we here in the CommLawBlog bunker have devoted considerable attention to the topic (although we’re trying to get our readers used to the proper terminology: … Continue Reading

It’s official! Last fall’s overhaul of the rules governing licensee-conducted broadcast contests has finally become effective. According to a notice in the Federal Register, our friends at the Office of Management and Budget gave the new rules the big thumbs up last week, and the rules have now taken effect as of February 12, 2016. … Continue Reading

When it’s time to replace your telecom system, the devil is in the details – and there are a lot of details. Virtually every business depends on its telecommunications systems – and the bigger the company, the more crucial, and the more complex, those systems become. When the time arrives (and trust me, it will … Continue Reading

Starting March 31, Form 398 will be filed through the Licensing and Management System portal Attention, all you Class A and commercial TV licensees. The Commission has announced that the next time you go to file a quarterly Children’s Programming Report (that would be Form 398), you’ll have to do it through the work-in-progress Licensing … Continue Reading