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| Updated | 2024-11-21 11:33 |
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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 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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by Seth Williams on (#44QH1)
Believe it or not, there are companies that make legitimate “robocalls,†and those companies strive to comply with the Telephone Consumer Protection Act (TCPA). If you’ve received an appointment reminder from your doctor or dentist, a package delivery notification, or a school closure notification lately those messages were likely delivered to your phone using an...… Continue Reading
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by Davina Sashkin and Seth Williams on (#44FCA)
With the whirl of the holiday season upon us, most broadcasters rightly thought they could put off looking ahead to the next license renewal cycle until 2019. Au contraire, says the FCC, which began sending out blast emails to certain radio licensees on December 6, warning that FCC internal audits have revealed that many stations’...… Continue Reading
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by Seth Williams on (#43ZY2)
Before Thanksgiving, a bipartisan group of Senators introduced legislation aimed at decreasing the number of unwanted robocalls. The TRACED Act would expand FCC authority under the Telephone Consumer Protection Act (“TCPAâ€), empower the FCC to mandate call authentication rules for voice service providers to cut down on caller ID spoofing, and create an interagency working...… Continue Reading
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by FHH Law on (#43EAF)
Fletcher, Heald & Hildreth is pleased to announce a new member of our team! Seth Williams joined us as an associate on November 15 after spending several years in private practice at another D.C.-area law firm. While still in school, Seth also gained experience in several areas of communications law, working as an intern at...… Continue Reading
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by Seth Williams on (#43DQM)
On November 16, 2018, the FCC released a Report and Order amending the hearing aid compatibility (“HACâ€) reporting requirements for wireless service providers. In short, the order changes the emphasis for disseminating HAC information to consumers from FCC reports to service provider websites, requiring service providers to post additional information on their websites about the...… Continue Reading
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by Peter Tannenwald on (#43CMV)
Attention all you AM radio nostalgia buffs and others interested in the future of AM radio, who hopefully read our post of October 10 about the FCC’s proposals to allow higher power operation by smaller AM stations by reducing nighttime signal protection for 50 kW Class A AM stations. The FCC’s proposals have been published...… Continue Reading
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by FHH Law on (#4201F)
Let’s play some word association. If we say “Deadlinesâ€, you might answer “Scary.†Hence, the reason we’re publishing our November and December FCC deadlines post on Halloween. Only, unlike the ghouls and goblins you may see on the streets tonight, these are real! Please note that the list is NOT exclusive, so there may be others....… Continue Reading
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by FHH Law on (#41MV5)
The fall chill in the air must mean one thing – and no, it’s not just pumpkin spice lattes! It’s time to go out for a night of bidding, imbibing, and banter all for a good cause. Pull up your calendars and mark Thursday, Nov. 1, 2018 for the 29th Annual FCBA Charity Auction hosted...… Continue Reading
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by Peter Tannenwald on (#41CE7)
The Federal Communications Commission (“FCCâ€) has invited comments on a “catalog†of categories and amounts it thinks are reasonable for reimbursement of expenses incurred by low power TV (“LPTVâ€) stations as a result of involuntary channel changes imposed by the post-incentive auction repacking of the TV spectrum. Congress initially appropriated funds to reimburse costs incurred...… Continue Reading
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by Peter Tannenwald on (#40J8M)
Late on Friday, October 5, the Federal Communications Commission (“FCCâ€) released a Second Further Notice of Proposed Rulemaking in a five-year ongoing effort to “revitalize†the AM radio broadcast service. The new proposals continue a trend toward allowing higher power operation by smaller stations, by reducing nighttime signal protection for some 60 Class A AM...… Continue Reading
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by FHH Law on (#4053R)
Deadlines! Get your deadlines here! With summer in the rearview mirror, it’s time to get back to work and look ahead to the rest of the year. Here’s a list of FCC-related broadcast and telecom deadlines. Please note that the list is NOT exclusive, so there may be others. For help meeting these deadlines or...… Continue Reading
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by Donald Evans on (#4017M)
In a much ballyhooed action on September 26, the Federal Communications Commission (“FCC†or “Commissionâ€) took another stride in its effort to clear away regulatory and administrative obstacles to 5G cell site construction via the issuance of a Declaratory Ruling and Third Report and Order in a proceeding titled “In the Matter of Accelerating Wireless...… Continue Reading
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by FHH Law on (#3YZQP)
In coordination with FEMA, the FCC has postponed the nationwide tests of the Emergency Alert System (EAS) and Wireless Emergency Alerts (WEA) to Wednesday, Oct. 3 due to ongoing response efforts to Hurricane Florence. The test was originally scheduled for this Thursday, Sept. 20. On Oct. 3, the WEA test will begin at 2:18 p.m....… Continue Reading
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by Tom Dougherty on (#3YZKE)
The FCC will vote this month on whether to consider adopting a set of rulings that would limit the authority of cable local franchise authorities (LFAs) in the franchising and regulation of cable systems in response to a recent court case that threatens to expand LFA authority over cable systems and their diverse service offerings....… Continue Reading
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by FHH Law on (#3YQW2)
Unless it is delayed by a real national emergency, the Federal Emergency Management Agency and the FCC are on track to conduct a combined nationwide test of the Emergency Alert System (EAS) and the Wireless Emergency Alert (WEA) system on Thursday, Sept. 20, at 2:20 p.m. EDT. Should you decide to air any news coverage or...… Continue Reading
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by FHH Law on (#3YQ43)
The FCC issued a Public Notice activating its Disaster Information Reporting Service (DIRS) as Hurricane Florence, a Category 4 storm, is set to make landfall in the Carolinas and Mid-Atlantic regions causing catastrophic flooding, high winds, and heavy rains. Broadcasters and other communications providers in those regions are encouraged to voluntarily supply certain filings with...… Continue Reading
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by Michelle A. McClure on (#3XWD5)
The Commission issued an Order and Notice of Proposed Rulemaking in the proceeding relating to the use of the 3.7 to 4.2 GHz band. As we’ve previously written, the Commission has been considering allowing the use of the 3.7 to 4.2 GHz band (known as the C band) by mobile broadband. The C-band is currently...… Continue Reading
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by Kevin Goldberg on (#3XTGX)
If you read the first part of this two-part post on some bizarre copyright decisions emanating from federal courts in 2018, you know I left you with a cliffhanger. Copyright law was seemingly turned on its head when a federal court judge in New York declared that embedding tweets with photos could be considered direct...… Continue Reading
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by FHH Law on (#3XRFV)
While we all hit the beach for the last time this Labor Day weekend, the FCC today released the final listing of regulatory fees for 2018 and their due dates. Although the FCC has not yet activated the Fee Filer system for 2018 regulatory fees, we expect that to happen very soon. Fees must be...… Continue Reading
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by FHH Law on (#3XRCE)
Do you know what FCC telecom and broadcast deadlines are approaching? We do. Time to mark up your calendars so you’re not late on these important deadlines. Call FHH at (703) 812-0400 if you have trouble meeting these deadlines or need assistance. Broadcast deadlines: Sept. 20, 2018 – EAS National Test – Participants’ ETRS Form Two...… Continue Reading
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by Dan Kirkpatrick on (#3XK3J)
As we reported last week, the FCC has proposed new rules to distribute the funds allocated under the Reimbursement Expansion Act (REA). These funds are to be used to reimburse broadcasters that were involuntarily affected by the post-incentive auction repacking of television stations. Under the REA and the proposed rules, FM radio stations and LPTV...… Continue Reading
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by Kevin Goldberg on (#3XBWF)
[Editor’s Note: This is the first of a two-part episode on three copyright decisions issued by federal courts in 2018 that relate to the use of photos in news reporting; the second part will be posted next week.] Picture for a moment a man. Not an ordinary man by any stretch. This man is Tom...… Continue Reading
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by FHH Law on (#3X9VZ)
As we reported yesterday, the FCC was set to conduct a voluntary DIRS exercise Aug. 23 – Aug. 24. However, due to the possible activation of the DIRS for Hurricane Lane set to hit Hawaii this week, the FCC has postponed the DIRS exercise until Sept. 13. The FCC will send out additional information in...… Continue Reading
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by Dan Kirkpatrick on (#3X9KC)
(Editor’s Note: If you’re looking for information on LPTV and TV Translators review Part One here.) Back in March 2018, Congress passed the Reimbursement Expansion Act (REA), which allocated additional funds to be used to reimburse broadcasters involuntarily affected by the post-incentive auction repacking of television stations. In addition to providing additional money for full-power...… Continue Reading
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by FHH Law on (#3X882)
On Aug. 15 many broadcast stations received an e-mail from the FCC regarding a Disaster Information Reporting System (DIRS) exercise scheduled for later this week: Aug. 23-24. The DIRS keeps track of the status of both broadcast and non-broadcast communications facilities during natural disasters, including whether a facility is operating, the availability of electric power,...… Continue Reading
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by Dan Kirkpatrick on (#3X7EE)
Back in March 2018, Congress passed the Reimbursement Expansion Act (REA), which allocated additional funds to be used to reimburse broadcasters involuntarily affected by the post-incentive auction repacking of television stations. In addition to providing additional money for full-power and Class A stations, the REA for the first time expanded the universe of stations eligible...… Continue Reading
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by Kevin Goldberg on (#3X65M)
We have been following the ongoing saga that is the dispute-turned-litigation between the Radio Music License Committee (RMLC) and Global Music Rights (GMR) since late 2016, providing several updates along the way. What started as an impasse between a main representative of commercial radio stations in the country on music licensing issues (the RMLC) and...… Continue Reading
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by FHH Law on (#3WDM2)
The Federal Emergency Management Agency (FEMA) and the FCC have announced Thursday, Sept. 20 at 2:20 p.m. EDT as the scheduled date and time for this year’s annual nationwide test of the Emergency Alert System (EAS). (Note that unlike the past two years, the scheduling date is on a Thursday, not a Wednesday as some...… Continue Reading
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by Keenan Adamchak on (#3WC96)
On Aug. 3 the Federal Communications Commission adopted a Report and Order and Declaratory Ruling which streamlined pole attachment procedures and preempted state and local laws regulations, and policies imposing a moratoria on telecommunications deployment. The FCC’s actions seek to speed the process and reduce costs associated with new utility pole attachments to facilitate broadband...… Continue Reading
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by FHH Law on (#3VZX3)
Do you know what FCC telecom and broadcast deadlines are approaching? We do. Time to mark up your calendars so you’re not late on these important deadlines. Call FHH at (703) 812-0400 if you have trouble meeting these deadlines or need assistance. Telecom Deadlines: August 3, 2018 – Quarterly 911 Live Call Data Reports – Nationwide CMRS...… Continue Reading
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by Tony Lee on (#3VN9X)
After decades of handling formal complaints using no less than three different sets of rules, the FCC has finally adopted uniform procedures that generally apply to all formal complaints filed with the Commission. Alongside Chairman Ajit Pai, Commissioners Michael O’Rielly and Brendan Carr praised the measure to get formal complaints all under one roof. However,...… Continue Reading
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by Sekoia Rogers on (#3VMTC)
We wrote on July 5 that the FCC released a Draft NPRM intended to significantly relax the Kid Vid rules. The Commission officially adopted the NPRM at its July meeting on July 12. The Commission’s Media Bureau has now announced that comments will be due for the Children’s Television Programming NPRM on Sept. 24 and...… Continue Reading
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by Dan Kirkpatrick on (#3VK1M)
The United States Court of Appeals for the D.C. Circuit today dismissed challenges to the FCC’s April 2017 decision to reinstate the UHF Discount. That discount allows broadcast television station owners to count only 50 percent of households served by UHF stations when calculating a station’s compliance with the FCC’s national ownership cap, which limits...… Continue Reading
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by Paul J. Feldman on (#3V4T2)
When the FCC released its Next Gen TV Report and Order in November 2017, we wrote about how this authorized television broadcasters to use the “Next Generation†broadcast television transmission standard (also known as ATSC 3.0) on a voluntary, market-driven basis. The rules from that Order became effective on February 2, 2018, except for the...… Continue Reading
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by FHH Law on (#3TZV5)
On July 10, the FCC released an Order on adjustments to the application fees that the Commission collects from applicants. The Commission is required to adjust these fees every two years to keep pace with the changes in the Consumer Price Index (CPI). This year’s application fees will go up by 3.7 percent in response...… Continue Reading
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by FHH Law on (#3TSJ5)
We wrote on June 10 that the FCC has launched a Notice of Inquiry looking toward the creation of a new “C4†class of FM broadcast station in areas outside the Northeast and Southern California, with an effective radiated power (ERP) limit of 12 kW. These stations would have more power than Class A stations,...… Continue Reading
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