Harry Cole

Photo of Harry Cole 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.

Subscribe to all posts by Harry Cole

Update – Latina to FCC: “Stay!”

By Harry Cole on Posted in Cellular, Media, Wireless
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

Attention, Reverse Auction Applicants: An Important Letter from the FCC is on its Way to You!

By Harry Cole on Posted in Deadlines, Media, Wireless
First Confidential Status Letters advising of potentially fatal incompleteness flaws have been sent to would-be reverse auction applicants; Deadline for corrections: February 26, 2016 at 6:00 p.m. (ET) If you’re a TV licensee who submitted an application to participate in the upcoming reverse auction component of the Incentive Auction, you should be checking your mail … Continue Reading

“Local” No More: Radio, Cable, Satellite All Moving their (Previously) Local Public Inspection Files to the Internet

By Harry Cole on Posted in Cable, Deadlines, Media, Privacy, Satellite
Concluding a proceeding begun a mere 18 months ago, the Commission has extended its online public file requirement well beyond the broadcast TV industry. To no one’s real surprise, the FCC has decided to expand its online public inspection file requirement – first imposed on television broadcasters in 2012 – to include radio broadcasters, cable … Continue Reading

$500K+ Spanking for Sponsorship ID Miscue

By Harry Cole on Posted in Enforcement, Media
Enforcement Bureau extracts half-million dollar “civil penalty” AND an extensive compliance plan commitment from Cumulus for spots which it didn’t even sell. The Enforcement Bureau has scored another trophy for its burgeoning trophy room of extravagant penalties. This time, it’s $540,000 extracted from Cumulus for a supposedly inadequate sponsorship identification on a number of spots … Continue Reading

Federal Circuit, “Slant”(ing) Toward “Redskins”?

By Harry Cole on Posted in First Amendment, Intellectual Property, Media
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

Congress Spares TV JSAs through September, 2025

By Harry Cole on Posted in Deadlines, Media
Terse provision slides through as part of massive annual appropriations act  TV Joint Sales Agreements (JSAs) have been given a new lease on life, thanks to Congress and the President. Back in 2014, the FCC declared certain JSAs to be “attributable interests” and therefore subject to unwinding by June, 2016. But now compliance with that … Continue Reading

SESAC Seeks to Sidestep Settlement

By Harry Cole and FHH Law on Posted in Deadlines, Intellectual Property, Media
Dueling letters from SESAC and RMLC offer distinct alternatives for radio stations in their dealings with SESAC As we reported several months ago, in July the Radio Music License Committee (RMLC) reached a settlement agreement with SESAC that resolved RMLC’s antitrust lawsuit against SESAC and brought some measure of certainty and stability to the license … Continue Reading

Broadcast Contest Rule Moves Online

By Harry Cole on Posted in Enforcement, Media
Long-pending Entercom proposal adopted … finally. If you’re a broadcast station that conducts contests and promotes those contests on the air, the FCC has just ushered you into the 21st Century. Soon you will be able to advise your audience about the material elements of your contests by simply posting them online (as opposed to … Continue Reading

FCC to Rest of World: Take an Extra Long Labor Day Weekend … and Keep Your Fingers Crossed

By Harry Cole on Posted in Cable, Cellular, Deadlines, Enforcement, Media, Unlicensed Operations and Emerging Technologies, Wireless
Commission extends due dates in advance of upgrade of all electronic filing systems and electronic dockets. If you’ve got something due to be filed at the FCC between September 2-8, 2015, you just got an extension … to September 9. Happy Labor Day! For this you can thank the Commission’s IT gurus, who are going … Continue Reading

The FCC’s Tower Approval Process: Round and Round It Goes, When Will It Stop? Nobody Knows!

By Donald Evans and Harry Cole on Posted in Cable, Media, Wireless
FCC OK’s reopening of seemingly closed historic review process … eight years after the question is raised. Getting governmental approval to build a tower can take a long time. As a recent FCC decision demonstrates, it can take a lot longer when the government can’t decide when the approval process has come to an end. … Continue Reading

OET Runs the Numbers Using the New and Improved TVStudy V.1.3.2

By Harry Cole on Posted in Deadlines, Media
Areas/pops data for auction-eligible stations released for comment. We have another sign of the impending arrival of the spectrum auction. The FCC’s Office of Engineering and Technology (OET) has released what it describes as the “final” version of its TVStudy software. This latest-and-greatest version – dubbed Version 1.3.2 – is the one that will be … Continue Reading

Form 2100, Schedule 381 – Getting There Is Half the Fun!

By Harry Cole on Posted in Media
Want to file your Schedule 381 but not sure how to get there? Just follow us… We have previously reported that TV stations included on the FCC’s Eligibility List have got to file Form 2100, Schedule 381 (official name: “Pre-Auction Technical Certification Form”) by July 9, which is right around the corner. Now we have … Continue Reading
LexBlog