In an order released on November 17, 2022, the FCC dictates in detail the specific words that an Internet service provider must use when communicating with its customers. The FCC has adopted new rules requiring specific information (referred to as the broadband consumer label) to be displayed at the point of sale when offering mass-market … Continue Reading
On Thursday, August 6, the Federal Communications Commission (“FCC”) voted to repeal Section 73.3556 of its Rules and Regulations – a rule that formerly prohibited more than 25% duplication of programming by commonly owned radio stations in the same service (AM or FM) that have 50% or more overlap of their primary service contours.… Continue Reading
In an Order released today, the Federal Communications Commission (“FCC” or the “Commission”) revised the calculation of maximum permissible rates for cable TV commercial leased access by changing from a formula that sets a uniform rate for all cable tiers to a formula that will set a separate rate for each tier. The result may … Continue Reading
The Federal Communications Commission’s (“FCC” or the “Commission”) recent rejection (FCC statement here) of a petition submitted by Free Press to demand FCC action with regard to broadcasters’ coverage of governmental statements about the COVID-19 epidemic has received a great deal of coverage. What may have escaped attention, however, is that, aside from some sharp … Continue Reading
Let’s get this out of the way: this blog post is going to include an unseemly, in my mind, profane, even obscene, term. I’m just going to put it out there up front, even though I think it’s one of the worst things you can say. And no, the First Amendment doesn’t protect it. It’s … Continue Reading
I was one of many who traveled (in my case, on foot) to the United States Supreme Court on April 22, 2019 to watch oral arguments in the case of Food Marketing Institute, Inc. v. Argus Leader. I was there because two of my clients joined an amicus brief in support of the newspaper’s fight … Continue Reading
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
I am officially a big fan of The Slants. I’ve never seen them in concert. I don’t own any of their albums (I’ve never even downloaded any of their individual songs). I’m actually still not entirely sure what “Chinatown Dance Rock” really is. But I will forever be indebted to Simon Shiao Tam and crew. … Continue Reading
Last Monday, during his monologue on the Late Show, Stephen Colbert made a number of jokes at President Donald Trump’s expense, including lobbing a series of insults at the President. (The full monologue is available here; check around 11:15 for the portion that has gotten folks talking). One of these insults, which included a joking … Continue Reading
By agreeing to hear “The Slants” case, Court may decide whether USPTO can cancel “Redskins” trademark registrations. [Blogmeister’s Note: To say our blogger, Kevin “The Swami” Goldberg, is opinionated is something of an understatement. One particular bug up his butt: the NFL team which is titularly Washington, D.C.’s, even though it practices in Virginia and … Continue Reading
Era of widespread small UAS commercial operation takes off. As of August 29, the FAA’s new rules permitting commercial operation of small unmanned aircraft systems (UAS, also known as “drones”) have taken effect. (And, just in time, the FAA has announced that the Office of Management and Budget has signed off on the “information collections” … Continue Reading
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
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
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
Appeals court tosses “disparagement” bar against registration of “offensive” trademarks Last May, our colleague Kevin “the Swami” Goldberg called readers’ attention to an interesting case wending its way through the U.S. Court of Appeals for the Federal Circuit. It involves the rejection, by the U.S. Patent and Trademark Office (PTO), of an application for federal … Continue Reading
If you want to use your drone for your business, you’ll need to know what to ask for and how to ask for it. Let’s be honest: you want a drone, just like the rest of us. (True fact: We here in the CommLawBlog bunker have frequently fantasized about flying our own – appropriately branded … Continue Reading
Interim update on interim FAA policy As we reported earlier this year, the National Telecommunications and Information Administration (NTIA) has opened a proceeding looking at “best practices” for the commercial and private use of drones. NTIA’s first multistakeholder confab was held here in Washington on August 3 to explore some of the questions on the … Continue Reading
The Commission has fined a TV licensee a whopping $325,000 for a single three-second instance of unintended indecency during a newscast. It looks like the FCC wants to send a signal to broadcasters.… Continue Reading
A petitioner has asked the FCC to deny a broadcast license renewal because the station uses the term "Redskins". Should the FCC really be involved with this?… Continue Reading
