Harry Cole

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The primary focus of Mr. Cole’s practice is broadcasting, including transactional, regulatory and appellate work. He has represented clients before the FCC and in various courts, including the U.S. Supreme Court.

Articles By This Author

Wheeler to AMers: I've Got Your Revitalization Item ... Right Here

Action on AM rescue items may come soon, but things aren’t looking good for an AM-only FM translator window.

About 18 months ago, the Commission adopted a Notice of Proposed Rulemaking (AM Revitalization NPRM) that represented, in the words of then-Acting Chairwoman Clyburn, “the next significant step in our effort to buttress AM broadcast service and ease regulatory burdens on AM broadcasters.” Commissioner Pai, a long-time supporter of the AM industry, declared the NPRM a “landmark effort … to energize the nation’s oldest broadcasting service”. Optimism ran high that AM was about to catch a break.

Then things went quiet. We here in the CommLawBlog bunker have received a boatload of inquiries asking where the much-vaunted AM Revitalization proceeding stands. And now we have some idea: In a recent post on the FCC’s blog, Chairman Wheeler has announced that he “intends to conclude” this proceeding “in the coming weeks”.

There’s good news and bad news here.

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No Contest? Enforceability of Broadcast Contest Rule In Question

If you’re a broadcaster and you’re worried that you may have violated the on-air contest rule – or if the FCC has concluded that you did violate that rule – you may be in luck.

As we all know, the hilariously-named Paperwork Reduction Act (PRA) requires the FCC to get the approval of the Office of Management and Budget before the FCC can unleash “information collection” obligations on its regulatees. The PRA process – which provides not one, but two separate opportunities for public comment, thereby ironically doubling the potential paperwork to be created – often appears to involve little more than rubber-stamping, with no apparent attention paid to any public input that might be submitted.

What does this have to do with the FCC’s contest rule? Read on.

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Back from the (Near) Dead: New Life for FiberTower's Licenses, Thanks to the D.C. Circuit

Last gasp appeal comes up big, possibly saving 689 24 GHz and 39 GHz licenses.

If you took the long odds and bet against the FCC in FiberTower’s last gasp effort to keep its 689 licenses alive, lucky you! The D.C. Circuit appears to have given FiberTower at least a chance.

FiberTower’s saga goes back several years. Check out our blog posts on that saga for a more complete history. In sum, FiberTower had 689 licenses in the 24 GHz and 39 GHz bands that the FCC cancelled for failure to construct sufficient facilities. FiberTower appealed.

At first glimpse, the Court’s opinion looked like bad news for FiberTower. A statutory argument it presented to the Court got tossed immediamente because it hadn’t been presented to the FCC below, as required by Section 405 of the Communications Act. And FiberTower’s arguments about the FCC’s interpretation of its substantial service renewal standards – i.e., that that interpretation is bad policy – didn’t get very far either (thanks to the deference to which the FCC is ordinarily entitled).

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Net Neutrality Update: D.C. Circuit Selected in Initial Circuit Lottery ... For Now

Panel picks despite possibly premature petitions.

The next time you find yourself at a roulette table in the Net Neutrality Casino, put all your chips on “D.C. Circuit”. It’s a good bet.

As readers may recall, back in 2011, the D.C. Circuit came out on top in a lottery conducted to determine which of six federal courts of appeals should hear appeals of the FCC’s Open Internet decision. And now, nearly four years later, lightning has struck again, with the prospect for a three-peat in the very near future.

The lottery involves the Judicial Panel on Multidistrict Litigation (JPML). The JPML decides which court gets to preside over appeals of FCC actions when different appellants file their petitions for review in different courts. When that happens, the competing circuits are tossed into a drum and one is picked by a JPML official (the “Random Selector”). All appeals of the FCC action in question are then consolidated before that one lucky court. (There are other niceties that have to be attended to in order to get your favorite circuit into the drawing, but you get the idea.)

The Commission released its much-anticipated Open Internet Report and Order on March 12, 2015. And on March 23, two parties filed for review: the United States Telecom Association in the D.C. Circuit, Alamo Broadband in the Fifth Circuit. Presumably each had its own reasons for choosing its particular circuit. The D.C. Circuit has not been particularly kind to the FCC on the net neutrality front the first two times that issue has been before that Circuit, which suggests that maybe it’s the place for petitioners to go. But the FCC did, in the eyes of many, make some headway the last time around. That might suggest that petitioners shouldn’t give D.C. a third shot. Why the Fifth Circuit? Who knows?

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FCC Flexes Its Indecency Muscle - Despite Long Hiatus and Unclear Standard

Apparently horrified by a three-second video clip inadvertently aired during newscast, FCC slams licensee with $325K fine

It’s been a while since we checked in on the FCC’s indecency policy. When last we did, the constitutionality of that policy remained unresolved (and, in the minds of at least two Supreme Court justices, seriously in doubt). And the FCC had cryptically announced that it had re-jiggered the policy in some undescribed way(s) that permitted the Commission to summarily dismiss (apparently in a matter of minutes, if not seconds) a million or more indecency complaints that had been sitting around for years. And the Media Bureau had invited comments on possible, unspecified, revisions to the policy.

In other words, things on the indecency front seemed as muddied as ever.

So it was something of a surprise to hear that the Commission had suddenly lowered the boom on a Roanoke, Virginia TV station, fining it the maximum – $325,000 – for a single three-second instance of alleged indecency, the broadcast of which, during a 2012 newscast, was admittedly unintended. It looks like the FCC wants to send a signal to broadcasters.

The facts are relatively straightforward.

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FAA Throws in the Towel On FM Spectrum, Apparently

After nearly a decade, the FAA advises that it is no longer pursuing a proposal that would have inserted it deeply into the regulation of FM stations.

For years, the Federal Aviation Administration has toyed with the idea of regulating use of some portions of the spectrum – including particularly the FM band (approximately 88 MHz–108 MHz) – even though conventional wisdom says that such matters are statutorily (not to mention logically) controlled by the Federal Communications Commission. The FAA backed down from these aspirations to some degree in 2010, but in doing so it sniffed, in effect, that we all hadn’t heard the last from it on this point.

Now, five years later, the FAA appears to have thrown in the towel. In a three-sentence letter to the FCC’s Office of Engineering and Technology, the FAA has advised that it is “no longer pursuing the proposed frequency notification requirements for FM radio stations” which it has long had its regulatory eye on.

Ideally, this means that the FAA has finally abandoned any hope of affirmatively regulating FM radio transmission facilities.

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Marriott Checks Out of Declaratory Ruling/Rulemaking Proceeding

Prudent network management or Wi-Fi jamming? The question has been taken off the table … for now.

Last year we reported on a couple of interactions between the FCC and the well-known hotelier, the Marriott Corporation. The news started inauspiciously for Marriott when the Commission wrapped up an investigation (started in 2013) by spanking Marriott with a $600,000 civil penalty. The FCC determined that Marriott had used “containment capability” to prevent guests at the Gaylord Opryland (run by Marriott) from by-passing the hotel’s Wi-Fi system in favor of their own DIY hotspots.

Presumably prodded by that investigation, Marriott (joined by some hotel friends) filed a request for declaratory ruling (or, in the alternative, for rulemaking), essentially asking for a determination that what Marriott had done really was OK. (Specifically, Marriott was asking the Commission to hold that a network operator may “mitigate” threats to the operator’s network, even when doing so results in interference to guests’ WiFi hotspots.)

The FCC dutifully announced the filing of the request for declaratory ruling and invited comments about it. But a month later, it also issued an “Enforcement Advisory” alerting one and all to the fact that preventing one’s Wi-Fi enabled devices from connecting to the Internet constitutes prohibited “jamming”. And a month later, out came another “Enforcement Advisory”. This one was even more pointed. Referring to “a disturbing trend in which hotels and other commercial establishments block wireless consumers from using their own personal Wi-Fi hotspots on the commercial establishment’s premises”, the advisory declared flatly that “Wi-Fi blocking violates Section 333 of the Communications Act, as amended.”

Not surprisingly, Marriott (and the other requesters) have now withdrawn their request for declaratory ruling (and the FCC has lost no time in officially bidding it adieu).

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Reminder: Sponsorship ID's Required Even When the Government is the Sponsor

If Uncle Sam is paying for the time, Uncle Sam is the sponsor. 

Long-time reader, broadcaster, Friend of the Blog, client (and, yes, attorney) Tom Taggart has suggested that a reminder about sponsorship identification might be useful in light of a recent situation he encountered. An ad agency bought time on behalf of the Centers for Medicare and Medicaid Services, a federal governmental agency, which was promoting enrollment in Obamacare in advance of the mid-February filing deadline. No problem there. The instructions accompanying the 30-second script indicated that it should be read “like a PSA with a sense of urgency”. Again, no problem there.

But the script didn’t happen to include any indication of who was paying for the spot – and there was the problem.

The mere facts that the spot was supposed to be read “like a PSA” and that it involved a subject that could qualify for PSA treatment were immaterial, since it was acknowledged by one and all that money was to change hands in exchange for broadcasting the spot. That being the case, an appropriate sponsorship identification was definitely called for, notwithstanding the omission of any such ID from the spot’s script. Having recognized that omission, the station was entirely within its rights to take steps to insure that an appropriate sponsorship ID was included in the spot.

We don’t know whether this incident arose from an over-enthusiastic, under-informed ad rep (or ad agency), or possibly a sponsor who preferred to avoid a sponsorship ID because it might somehow dilute the intended message, or possibly some inadvertent miscommunication somewhere along the line. Whatever the source of the problem, the solution was clear. If money is being paid in return for the broadcast of particular content, that must be disclosed, and it’s the broadcaster’s obligation to make sure that it is disclosed. It doesn’t make any difference if the sponsor is a governmental agency, or if the subject matter of the spot might otherwise qualify as PSA-worthy.

Tom noted our recent reports on the FCC’s recent enforcement efforts relative to the sponsorship ID requirement – here and here, for example – and thought a reminder about the rule might be appropriate. We agree – consider yourselves reminded.

Proposed MVPD Redefinition Out for Comment

FCC looks to open ranks of MVPDs to Internet-delivered services – a move that could save what’s left of Aereo

It looks like the universe of multichannel video programming distributors (MVPDs) is going to be expanding considerably. Previously populated by the likes of cable, MMDS and broadcast satellite operators, the MVPD universe is set to be redefined to include services “untethered” from any infrastructure-based definition … if, that is, a proposal laid out in a Notice of Proposed Rulemaking (NPRM) last month (and just published in the Federal Register) takes hold. The result should expand consumer options for video program service, and might even revivify whatever may be left of Aereo once Aereo exits the bankruptcy process. And even if Aereo doesn’t survive, we can look for new Aereo-like services.

The proposed redefinition of what it means to be an MVPD is part of the Commission’s overall effort to encourage innovation and serve the “pro-consumer values embodied in MVPD regulation”. It’s also one more reflection of the FCC’s embrace of the technology transition – from old-fashioned, relatively inefficient analog service to digital, Internet protocol (IP) delivery – that is sweeping virtually all aspects of U.S. communications.

The Communications Act defines MVPD as a person (or entity) who “makes available for purchase, by subscribers or customers, multiple channels of video programming.” The Act cites some examples – “cable operator, a multichannel multipoint distribution service, a direct broadcast satellite service, or a television receive-only satellite program distributor” – but makes clear that those are not the only possible MVPDs. So the FCC appears to have some latitude when it comes to filling in the blanks Congress left.

And that’s what it’s now trying to do.

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Top Ten Nonbroadcast Video Networks? The Winners Are ...

Video description rules bring FCC into the ratings game ... every three years

When you’re trying to track down the national rankings of video programming networks, you may not think to check with the FCC – but, thanks to the Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA), that’s the first place you should look. Every three years, at least.

As long-time readers may recall, back in 2011 the Commission, pursuant to Congress’s direction in the CVAA, adopted extensive video description rules applicable to broadcasters and multichannel video programming distributors (MVPDs). As to the latter, the rules require that MVPDs with more than 50,000 subscribers must provide 50 hours per calendar quarter of video-described prime time or children’s television on the five most popular cable channels.

Popularity in this context is determined based on (take a deep breath) an average of the national audience share during prime time of nonbroadcast networks that reach 50 percent or more of MVPD households and have at least 50 hours per quarter of prime time programming that is not live or near-live or otherwise exempt under the video description rules. (The relevant Nielsen ratings period this time around was September 30, 2013-September 28, 2014; the relevant stats were Nielsen’s “live +7 day” ratings, i.e., the ones that include incremental viewing that takes place during the seven days following a telecast.)

While the calculation of Top Five nets could presumably be performed annually (or even more often), the Commission chose to update its list only every three years. The first three-year term has screamed by since the 2011 adoption of the rules. And as promised, the Media Bureau has now announced the Top Five nonbroadcast video networks that will trigger MVPD video-description obligations until July 1, 2018. (Actually, it announced the Top Ten, presumably to provide for alternates should they be needed.)

The lucky networks:

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Older Entries

December 31, 2014 — Put It In Writing, Part II: Call for Comments on Closing Closed Captioning Loophole

December 17, 2014 — Now Available for Your Review and Comment: Form 2100, Schedule 381

December 10, 2014 — FAA to Ease (a little) Its System for Reporting Tower Light Outages

December 4, 2014 — FCC Invites Comments About Not-Yet-Available Spectrum Auction Form

November 29, 2014 — Unconsented-to Phone Call Recording + Unresponded-to Inquiry = $35,000 Penalty

November 23, 2014 — Finally Bringing Broadcast Contest Rules into the 21st Century?

September 14, 2014 — New Fast Lane in Open Internet Proceeding

September 4, 2014 — Issue-Oriented Spots: Who's The REAL Sponsor?

August 29, 2014 — 2014 Reg Fees Set, Payment Deadline Announced

August 15, 2014 — Update: Reply Comment Deadline Extended in Net Neutrality Proceeding

August 7, 2014 — Coming Soon: Online Public File Obligations for Cable, Satellite . . . AND Radio?

August 6, 2014 — What a Drag It Is . . .

July 20, 2014 — Aereo Loses First Round in Copyright Office, While Dish Wins its Next Round in the Ninth Circuit

July 16, 2014 — INCOMING! Commission's Net Neutrality Comment Conundrum

July 10, 2014 — It's ALIVE!!!! Aereo Lurches Back to Life, Sort of

July 6, 2014 — FCC Seeks Input on EAS Fixes

June 25, 2014 — Aereo Update: Supreme Court Rules for Broadcasters!

June 14, 2014 — 2014 Reg Fees Proposed: Good News for Radio, VHF TV; UHF TV, Not So Much

June 4, 2014 — Update: Revised CALM Act Rules Adopted

May 14, 2014 — An Anchor's Reminder About the Importance of Broadcast Emergency Alerts

May 6, 2014 — Drone Update: While FAA Continues to Swat at Drones, an Appeal of its Policy Takes Off

April 4, 2014 — TV Online Public File Update: Political File Exemption Set to Expire as of July 1

March 25, 2014 — Pursestrings 2014: New Application Fees Announced

March 20, 2014 — Non-English EAS? The FCC Wants to Hear From You!

March 3, 2014 — R.I.P.: Critical Information Needs Study

March 3, 2014 — This Should Get Your Attention II: Nearly $2 Million in Fines to Three Cable Companies for Fake EAS Attention Signals

February 19, 2014 — Utah Judge to Aereo: Not in this Circuit!

February 13, 2014 — OSHA to Tower Industry: Protect Your Workers

February 4, 2014 — Zombie Alert Redux

January 26, 2014 — Aereo Update: And the Question is . . .

January 10, 2014 — Aereo: Supreme Court Bound!

January 1, 2014 — Aereo Cert Day - January 13, 2014?

December 27, 2013 — D.C. Circuit Rejects Challenge to Sunsetting of Viewability Rule

December 26, 2013 — FCC Looking to Expand Closed Captioning Requirement for IP-Delivered Programming

December 6, 2013 — Incentive Auction Update: Projected Auction Date Moved into 2015

December 5, 2013 — Ghost in the Machine?

December 3, 2013 — LPFM Update: Audio Division Issues Progress Report, Road Map

November 22, 2013 — Low Numbers for Low Power

November 19, 2013 — Key Bridge Global LLC Becomes Fourth "White Space" Coordinator to Win Approval

November 14, 2013 — Discount Daze Update: Comment Deadlines Announced in UHF Discount Proceeding

November 4, 2013 — Less Than a Year After Initial CALM Act Effective Date, a New CALM Act Standard Has Been Proposed

October 22, 2013 — LPFM Update: Finding Translator Input Info in the CDBS Database

September 29, 2013 — Biennial Form 323's: The filing window opens October 1

September 27, 2013 — Discount Daze! FCC Proposes Tossing UHF Discount, Creating VHF Discount

September 23, 2013 — Incentive Auction Update: Bureau Looks For Input on What Auction-Induced Reassignment Expenses Should be Reimbursable

September 9, 2013 — Net Neutrality 2013: The D.C. Circuit Hears the Arguments

September 6, 2013 — AereoKiller Cuffed Nationwide

August 28, 2013 — Aereokiller in the Ninth Circuit

August 15, 2013 — Update: CDBS Still Clutching the Same Old NADs

August 12, 2013 — 2013 Reg Fees Set

July 31, 2013 — Media Bureau to Singleton FM Translator Applicants: NOW you can file

July 16, 2013 — Aereo Update: Second Circuit Nixes En Banc Review

July 8, 2013 — Will LPFM Applications Have to Protect Amended FM Translator Applications?

July 7, 2013 — The CALM Act - Six Months and Counting

July 3, 2013 — Did Verizon Short its Customers - and the FCC - $250 million (or More)?

June 17, 2013 — FCC to LPFM Applicants: Let the Uploading Begin!

June 9, 2013 — Quad Erat Demonstrandum? FCC Seeks Comment on MMTC Study

June 1, 2013 — FEMA WEA PSA's 'R' OK!

May 24, 2013 — 2013 Reg Fees: The FCC Proposes a Couple of Alternatives

May 23, 2013 — FM Translator Application Update: Last Chance Settlement Window Opened

April 24, 2013 — Broadcast Renewal Trifecta: Improper "Menu" Underwriting Announcements, "Renewal Expectancy" . . . and Chesterfields!

April 10, 2013 — Cellular Wars: The Employees Strike Back!

April 10, 2013 — Aereo in the Second Circuit: Wha' Happened?

April 9, 2013 — Regulation in Retrospect: "New" FCC Rule Books Now Available

April 2, 2013 — Indecency Alert: New Unannounced "Egregiousness" Standard Now Apparently in Effect, But More Changes May Be On the Way, Eventually

March 15, 2013 — FM Translator Application Update: Bureau Announces Window for Filing of Preclusion Showings

March 10, 2013 — Audio Division to Permittees: Get License Applications Filed Within 30 Days of Permit Expiration . . . Or Else!

March 4, 2013 — Revised Form 323 Out for Comment at OMB

February 24, 2013 — The Five-Year Enforcement Shot Clock: Has the FCC Finally Begun to Acknowledge It?

February 15, 2013 — More FM Translator Applications Down the Tubes

February 11, 2013 — TVStudy: Changes in TV Coverage Calculations Devised For Incentive Auctions

February 7, 2013 — GAO Report: In Wake of Successful Hack of FCC Computer Systems, $10 Million Fix Ineffective

February 5, 2013 — Bureau Disposes of FM Translator Applications

January 31, 2013 — Some TV Broadcasters Relieved of Obligation to Upload Some (But Not All) Issues/Programs Lists to Online Public Inspection File

January 25, 2013 — Explosive Proposal: C4 for FM's?

January 15, 2013 — Form 323 - Kissing the SUFRN Good-bye?

January 3, 2013 — FM Translator Application Dismissal Lists - A Clarification

December 21, 2012 — Update: Deadline for FM Translator Dismissal Lists Announced

December 19, 2012 — Incognito Incentive Auction Input Encouraged

November 29, 2012 — Commissioner Pai: The Dude Abides.

October 27, 2012 — As Sandy Nears, FCC Provides Emergency Response Information

September 30, 2012 — More Online TV Public Inspection File How-To's: The Issues/Programs List

September 28, 2012 — Online TV Public Inspection File - Some How-To's

August 28, 2012 — ivi TV Loses Round Two

August 23, 2012 — Update: USPTO to Take Another Look at Mission Abstract Patent

August 1, 2012 — Another Day, Another Online Public File Demonstration

July 18, 2012 — FCC Still Clenching Improperly Collected Application Fees

July 12, 2012 — Update: Aereo Allowed to Continue Operation During Copyright Challenge

July 6, 2012 — The CRB Dodges an Appointments Clause Bullet

July 3, 2012 — Effective Date of Revised TV Public File Rule Announced

June 29, 2012 — Update: Supremes Shut Down FCC Appeal in Janet Jackson Case

June 21, 2012 — FCC v. Fox: Heading Back to the Second Circuit, Again

May 28, 2012 — Audio Division Re-Affirms Ruling: Studio Site Moves Based on Longley-Rice Must Be Approved in Advance

May 17, 2012 — Don't Touch That REC button . . .

May 16, 2012 — Media Access Project Exits Stage Left

May 4, 2012 — 2012 Reg Fees Proposed: Up, Up and Away!

April 17, 2012 — "What a Beautiful Sight!"

April 13, 2012 — LPFM Tool Time!

April 6, 2012 — LPFM - The Next Generation: FCC Invites Comment on Post-LCRA Regulation of LoPos

April 5, 2012 — Third-Adjacent LPFM Spacings Eliminated (Almost)

April 2, 2012 — Translate This! FCC Breaks LPFM/FM Translator Logjam

March 8, 2012 — Net Neutrality Update: The D.C. Circuit Goes Through the Motions

February 6, 2012 — In Memoriam: Nai Tam

January 20, 2012 — FCC STILL Applies Over-the-Air Contest Rules to On-Line Contests

December 22, 2011 — Reminder: EAS Nationwide Test Form 3's Are Due December 27

December 5, 2011 — Commission to Contest-Conducting Stations: Present Prizes Pronto!

November 7, 2011 — Update: FCC Tweaks Nationwide EAS Test Reports, Again

November 3, 2011 — Update: The Incredible Shrinking Nationwide EAS Test

November 2, 2011 — Indecency 2011: Third Circuit Sides With CBS, Again

November 1, 2011 — Update: FCC Tweaking Nationwide EAS Test On-Line Reporting System

November 1, 2011 — Nationwide EAS Test Reports - Some Questions Raised, Some Answered

October 25, 2011 — Preview: Electronic Report Form for Nationwide EAS Test Participants

October 13, 2011 — Reefer Madness III: Feds Looking to Bust Broadcasters?

October 9, 2011 — Reefer Madness II: Update on "Joint" Sales Advertising

October 6, 2011 — Net Neutrality: The Circuits are Jammed!

September 30, 2011 — Form 323 - The Fun Begins Again

September 25, 2011 — Media Bureau Green Lights MDCL Technology for AM Stations

August 23, 2011 — Form 323 Deadline Extended to December 1, 2011

August 17, 2011 — Update: Public Inspection File Inquiry Arrives at OMB

August 2, 2011 — Spectrum Quest (Home Edition)

July 22, 2011 — 2011 Reg Fees Set

July 18, 2011 — New CALM Act Standard Coming! (Take an Extra Six Days for Those Reply Comments)

June 28, 2011 — For Years FCC Ignores Own Rule, Pockets Filing Fees

June 27, 2011 — First Amendment Face-off: Supremes To Consider Constitutionality of FCC Indecency Regime

June 20, 2011 — "I See Dead Proceedings."

May 30, 2011 — The CALM Act: The Next Step

May 26, 2011 — Field Office: Public File Faux Pas Not Fixed? Forfeiture Figures To Be Higher!

May 17, 2011 — Court To FCC: OK To Defer To State Rate Determinations Re Intrastate Call Terminations

May 13, 2011 — Consent Decree Is Beginning, Not End, Of Licensee's Troubles

May 11, 2011 — LPFM Impact Inquiry Initiated

May 3, 2011 — 2011 Reg Fees Proposed: Going Up!

May 2, 2011 — LPFM Cheerleader to FCC: Let Translators Originate

April 22, 2011 — Shut Up And Deal

April 17, 2011 — Public Inspection File Rule: FCC Asks If It's Really Necessary

April 9, 2011 — Spectrum Inventory Tools: Touts And Doubts

April 7, 2011 — Update: Effective Date Of New Rural Radio Rules Set

April 5, 2011 — Verizon v. FCC: On To Plan C?

March 4, 2011 — Pursestrings 2011: New Application Fees Announced

March 1, 2011 — To Serve Broadcasters*

February 21, 2011 — Old Complaints Never Die . . . And They Apparently Don't Fade Away, Either

February 13, 2011 — Coming Attractions: FCC Webinars Touting Spectrum Re-Purposing

February 11, 2011 — Striving For Perfection

February 9, 2011 — Net Neutrality Update: Coming soon - OMB Review!

February 7, 2011 — Time To Doublecheck Your BAS Data In ULS?

February 3, 2011 — Verizon v. FCC: On To Plan B?

January 21, 2011 — Net Neutrality: Verizon Looks For A Home Court Advantage

January 17, 2011 — . . . and statistics."

January 5, 2011 — Local Community Radio Act - It's The Law!

January 4, 2011 — NYPD (Not Too) Blue Moon

December 27, 2010 — Bootstraps Auction Preference Under Consideration

December 20, 2010 — Christmas Comes Early For LPFMs

December 4, 2010 — Auction 91 - The Dates Are Set

November 23, 2010 — FCC Doffs CAP Requirement . . . For Six Months, At Least

November 12, 2010 — Some Fine Points About Fining

November 7, 2010 — "Our Survey Said . . . " - Update

November 5, 2010 — "Our Survey Said . . ."

October 22, 2010 — S. 592, Where Are You?

October 13, 2010 — FCC Takes Wraps Off Revised Broadcast Renewal Form

October 5, 2010 — Longley-Rice Dependent Studio Site? No Prior Authorization? $7K, Please!

September 13, 2010 — Broadcasters Beware: Non-Operation Could Lead To Non-Renewal

August 24, 2010 — Contest Faux Pas: A Day Early, $4K Short

August 9, 2010 — STELA NPRMs On Fast Track

August 6, 2010 — S. 3756: Another Thumbs Up For Auction Proceeds Sharing

August 3, 2010 — FAA Backs Off Proposal To Expand EMI-Based Review Of Radio Applications

August 1, 2010 — H.R. 5947: Another Order Of Carrot, Please - This Time Hold The Stick

July 20, 2010 — S. 3610: The Carrot And The Stick Make Their Appearance

July 16, 2010 — Indecency In A Post-Fox World: What's Up Next?

July 12, 2010 — Form 323: SSN Disclosure Requirement Largely Written Out Of Form In Last-Minute Revision

July 9, 2010 — 2010 Reg Fee Surprise

July 5, 2010 — Form 323: The Court Weighs In

June 25, 2010 — Form 323: Point/Counterpoint

June 15, 2010 — Form 323 Update: FCC Has Some 'Splaining To Do

May 19, 2010 — Compromise Tower Agreement - For The Birds

May 18, 2010 — Supreme Court Mum On Must-Carry Market Mod

April 8, 2010 — Revised Form 323 Available - April 9, 2010

March 31, 2010 — Turn-Of-The-Century NCE Translator Applications Dismissed

March 14, 2010 — Cable Programming Exclusivity Ban Survives Appeal . . . But For How Long?

March 12, 2010 — Retransmission In Transition?

February 19, 2010 — A Complaint Process Is Born!

February 4, 2010 — Extreme Makeover (Not!) - Radio Edition

February 1, 2010 — Help Wanted? Help Needed?

January 13, 2010 — The Good Kind of Snowe Job

December 24, 2009 — Court Review Of Revised Form 323 Is Sought As Bureau Suspends January 11 Deadline

December 9, 2009 — Presenting The New Form 323!!!

December 3, 2009 — Wireless Broadband vs. Over-The-Air TV: The Bell Rings For The Main Spectrum Event

November 30, 2009 — FHH to FCC: Think Again

November 19, 2009 — MMTC To FCC: Rethink Form 323

November 17, 2009 — FHH To FCC: "Stay"

October 30, 2009 — Deadline For Filing New Form 323: December 15

October 29, 2009 — Moment Method Modeling: Update V

October 26, 2009 — Power To The Parents Redux

October 23, 2009 — Vacant NCE-FM Reserved Channel Window Postponed Two Months

October 21, 2009 — Revised 323 Approved By OMB

October 18, 2009 — Brrrrrrr - The Chill Is On

October 18, 2009 — FCC Announces Window For Vacant NCE-Reserved Channels

October 2, 2009 — Biennial Ownership Report (Form 323) Deadline Extended

September 21, 2009 — Coming Soon: Mobile Spam?

September 9, 2009 — FCC Invites Comments On "Ratchet Rule" Proposal

September 4, 2009 — Rackley/Dawson Propose Deep-Sixing The "Ratchet Rule"

September 2, 2009 — "Contrarian"? Au Contraire!

September 1, 2009 — Update: AM on FM Translator Rules Become Effective October 1, 2009

August 30, 2009 — Court Kiboshes Cable Cap

August 19, 2009 — Revised Form 323 Revealed

August 17, 2009 — Meanwhile, Back At The Second Circuit . . .

August 12, 2009 — Impaired Transparency?

August 10, 2009 — Responding To A False Alarm?

July 31, 2009 — 2009 Reg Fees Set

July 24, 2009 — 8th Floor Access Control

July 22, 2009 — Auction 79 - Up-Front Payments Due July 31

July 9, 2009 — Adventures in EEO-Land

June 27, 2009 — FCC to NCE's: Ixnay on the "Cold Refreshing Beer"

June 21, 2009 — Caution, E-Filers: The FCC Knows Who You Are!

June 19, 2009 — HD Radio Upgrade: FCC Concentrates and Asks Again

June 11, 2009 — Plus Ça Change, Plus C'est la Même Chose

June 5, 2009 — Court Affirms LPFM-Friendly Rules

June 4, 2009 — Post-Transition DTV Call Sign Protocol Announced

June 3, 2009 — Any Time At All

May 29, 2009 — Late Breaking News: June-October, 2009, Form 323 Reporting Requirement Suspended

May 28, 2009 — More Comments Invited On Proposed HD Radio Power Increase

May 21, 2009 — PPM Inquiry: A Can of Worms?

May 11, 2009 — 50,000,000 Birds Can't Be Wrong . . . Can They?

May 11, 2009 — Found In Translation

May 7, 2009 — New Ownership Report, Audit Designs Left To Bureau

April 29, 2009 — FCC v. Fox - The Supreme Court Rules

April 21, 2009 — Spectrum Auction Bidders In Qui Tam Scam Jam

April 17, 2009 — Brrrrrrr - FCC Announces Freezes On FM Mods

April 17, 2009 — Auction 79 - The Dates Are Set

April 9, 2009 — New Ownership Reporting Rules Adopted As Commissioners Seek "Diversity"

April 7, 2009 — STAT!! Timely Filing of CP Extension/Assignment Applications Becomes Crucial

April 2, 2009 — Nightlight, Pink Slips

March 25, 2009 — Audio Division Addresses Environmental Assessment Requirements

March 19, 2009 — LPFM Stuck With $20K Fine for "Advertisements"

March 3, 2009 — Power to the Parents?

February 21, 2009 — Another Friday Night, Another DTV Order

February 17, 2009 — Washington's Birthday Special: Another DTV Public Notice!!!

February 11, 2009 — DTV Transition Update - 680+ Analogs Set To Turn Off Early

February 9, 2009 — DTV Extension: It Ain't Over 'Til The Paperwork's . . .

February 5, 2009 — Moment Method Modeling: Update IV

February 4, 2009 — DTV Extension? June 12 Is Looking Like The New Date!

February 2, 2009 — Don't Look Now, But You're STILL Being Watched (Update II)

January 27, 2009 — DTV Extension? Senate Says June 12!

January 23, 2009 — A New (well, sort of new) Sheriff In Town

January 20, 2009 — Departing Martin Takes 31 Parting Shots At Cable

January 11, 2009 — DTV Transition Extension - The Line(s) From Vegas

January 9, 2009 — Moment Method Modeling: Update III

January 8, 2009 — DTV Transition Extension: What's the Over/Under?

January 5, 2009 — NTIA Wait Lists Coupon Requests

December 30, 2008 — In the Starting Blocks: Replacement Translator Spectrum Rush Set to Kick Off On January 5

December 27, 2008 — "Analog Nightlight" Service Standards Proposed

December 22, 2008 — Moment Method Modeling: Update II

December 19, 2008 — Antennas: When is an Omni Not an Omni?

December 11, 2008 — Comment Deadlines Set In FCC Tower Inquiry

December 10, 2008 — Postcard from the Sausage Factory

November 19, 2008 — DIGITAL TV TRANSITION Ford Fusion Doesn't Crash in Final Race!!!!

November 10, 2008 — On Fire, DIGITAL TV TRANSITION Ford Fusion Takes to the Airways - Literally

November 3, 2008 — Moment Method Modeling: Update

November 3, 2008 — Court Rejects Attack On DTV Transition-related "Viewability" Rules For Cable Operators

October 24, 2008 — Comments Invited on Proposed HD Radio Power Increase

October 23, 2008 — Still Searching for Mr. Goodwrench?

October 20, 2008 — Number 38 Crashes, Leaving FCC at 0-1 on the NASCAR Circuit

October 17, 2008 — L'Affaire NASCAR: The Yellow Caution Flag Comes Out

October 17, 2008 — The FCC Heads For the Pit

October 7, 2008 — Update: The FCC Is Not Watching You Anymore (or so they have told us)

September 28, 2008 — FCC Considers Regulating Construction of Towers (and Possibly Other Structures) Near AM Antennas

September 28, 2008 — Moment Method Modeling Manumits AMers From Measurement Manacles

September 23, 2008 — Application Fees: Up, Up and Away!

September 16, 2008 — Don't Look Now, But You're Being Watched . . .

September 9, 2008 — Ordure in the Court?

September 3, 2008 — Deadlines Set For 700 MHz Comments

August 26, 2008 — Deadline for Reg Fee Payment Set

August 22, 2008 — FCC Whacks 700 (MHz) Club

August 20, 2008 — The Reg Fee Payment Window Is Open

August 19, 2008 — The Commissioners Are Coming!! The Commissioners Are Coming!!

August 14, 2008 — 2008 Reg Fees Adopted

August 12, 2008 — A Midsummer Surprise From The FCC: A Revised Version Of The Public and Broadcasting!!!

June 27, 2008 — Embedded advertising in the cross-hairs

June 23, 2008 — A Legacy for Broadcasters

June 6, 2008 — FCC Seeks Comment on MPAA's "SOC" Request

April 8, 2008 — FCC to Translator Applicants: "Never Mind"

March 3, 2008 — Supremes Keep Us Hangin' On

February 12, 2008 — FCC to fee payers: "Show me" the money

January 2, 2008 — DTV Update: FCC Releases Third Periodic Review

December 28, 2007 — D.C. Circuit Dismisses Appeals of Junk Fax Rule Revisions

December 4, 2007 — Court to FCC: Classification of Certain Prepaid Calling Cards As "Telecommunications Services" Must Be Retroactive

November 28, 2007 — BACK TO THE FUTURE!!

November 13, 2007 — Martin Single-handedly Seeks To Solve Ownership Impasse

November 8, 2007 — Expedited Settlement Opportunity for NCE FM Applicants Available Until January 7, 2008

October 30, 2007 — Broadcast localism hearing - trick or treat?

October 11, 2007 — FCC to NCE Applicants: Ten's the Limit

August 29, 2007 — Elvis has left the building

August 9, 2007 — FCC Proposes Caps for October NCE Filing Window

August 9, 2007 — Found in Translation: Daytimers Going Nighttime

August 9, 2007 — Fedsox Drop Bombs, 13-6; Bombs Catch Crabs in Nightcap

August 3, 2007 — FHH Bombs disarmed at last minute

August 2, 2007 — $20,000 Fine for False Certification

July 27, 2007 — F-Bombs Blast Wilkinson

July 17, 2007 — Rockets spike Warren Communications

July 4, 2007 — Bombs Misfire

June 28, 2007 — Taking Precedent Siriusly?

June 28, 2007 — Bombs Fall at the Jeff

June 5, 2007 — Commentary: The FCC As Holden Caulfield

June 4, 2007 — Second Circuit Trashes FCC Indecency Policy

June 2, 2007 — FCC Introduces New EAS Rules

May 23, 2007 — FCC Considering Moment Method Modeling in lieu of Field Strength Measurements for Directional AM Applicants

May 16, 2007 — Cable Guy to Feds: Let's Kiss the FCC Goodbye

May 16, 2007 — Tower Inspection Requirement Waived for Eagle, HARK Systems