The Supreme Court has issued its long-awaited decision in FCC v. Fox Television Stations, Inc. The good news here is that the Supreme Court's ruling changes very little on the indecency front. But the bad news is that the decision effects a major shift in a seemingly mundane legal doctrine, a shift that could affect FCC regulatory activity in all respects for years to come.… Continue Reading
In a sweeping notice of proposed rulemaking, the FCC has proposed a major re-vamp of the AM and FM allocations process. A vast array of allotment-related elements, including 307(b) analyses, auction niceties, translator band-hopping and codification of terrain roughness policies, are on the table.… Continue Reading
This item is admittedly obscure, even by our standards. A company called Era Systems has asked the FCC for a waiver to allow stationary (non-vehicle) use of radars in the 76-77 GHz band.… Continue Reading
Radio stations that stream their content onto the Internet will want to keep an eye on a patent lawsuit accusing several major radio companies of patent infringement. The defendants allegedly substituted Internet-friendly content in place of more locally-oriented content that went out over the air, using methods for which the plaintiff supposedly holds a patent.… Continue Reading
It is NOT a good idea to try to play cute with the FCC's bidding rules in an effort to secure undeserved bidding credits. A little-known Federal law provides both a major league financial incentive to blow the whistle on such misconduct and a non-FCC forum in which to blow that whistle.… Continue Reading
The Commission is hustling to get Auction 79 ready to roll - the agency has issued a formal "Notice and Filing Requirements, Minimum Opening Bids, Upfront Payments, and Other Procedures for Auction 79" (Auction 79 Notice). With that notice the auction process shifts into high gear.… Continue Reading
Thomas J. (Tom) Dougherty, Jr., has returned to Fletcher, Heald & Hildreth after a 15-year hiatus during which he practiced in the communications, transactions and outsourcing teams of Kilpatrick Stockton and Gardner, Carton & Douglas. A communications law veteran with more than 25 years’ experience, Tom may not have done it all, but he’s done most … Continue Reading
The FCC has hit up a manufacturer of personal computer TV tuner cards for a $175,000 forfeiture. Why? Because the manufacturer marketed cards that have only analog and not digital tuning capability.… Continue Reading
Word is that the Commission is embarking on a quest for what some might view as the bureaucratic equivalent of the Impossible Dream: an Uber-consolidated on-line licensing system to unify the balkanized collection of existing systems currently in use. Paul Feldman was recently invited to participate in a brainstorming session with FCC representatives. Read his report here.… Continue Reading
In a sweeping action that signals the re-awakening of race- and gender-based government regulation of broadcast ownership, the Commission has re-vamped its rules and related forms for reporting the ownership of commercial broadcast stations.… Continue Reading
The Copyright Royalty Board has issued a Notice of Inquiry as part of the current proceeding in which it proposes to increase the frequency of filing playlists with SoundExchange, Inc.… Continue Reading
If you have a broadcast construction permit that's about to expire, listen up. The Media Bureau has provided some "guidance"on how to take advantage of a rule change that took effect last year, a change that could help you breathe the breath of life into that dying CP, if only for a little while.… Continue Reading
A cautionary note with respect to an obscure, but potentially important, quirk in U.S. law that could mess up some plans to access Stimulus Package funds. Dillon's Rule could effectively bar, or at least seriously complicate, efforts by private entities to successfully dip into the deep pool of stimulus funds through the device of public/private partnerships.… Continue Reading
A TV station providing "enhanced analog nightlight service" asked the Commission if it could please be relieved of the final three weeks of its analog service commitment. There did not appear to be any significant public concern about continued analog service,and keeping the analog in operation would seriously threaten three staffers whose positions would otherwise have to be terminated.… Continue Reading
Sometimes it doesn't pay to get creative, especially where the FCC's rules are concerned. And sometimes the Commission's Audio Division is inexplicably tougher than its Video Division.… Continue Reading
Just a quick update on some recent stories we’ve had on CommLawBlog. There’s a common thread running through all three. A free CommLawBlog subscription to the first person who can find it…… Continue Reading
In an APRIL 1 announcement, the word is out: the FCC has eloped with Internet auction giant eBay, forming a "strategic partnership" under which eBay will run all the Commission's spectrum auctions!… Continue Reading