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

FM Translator Application Update: Last Chance Settlement Window Opened

By Harry Cole on May 23, 2013 Posted in Deadlines, Media

If you've still got one or more FM translator applications pending from the 2003 window, you now have an opportunity -- possibly your last -- to try to avoid the auction process.… Continue Reading

Broadcast Renewal Trifecta: Improper “Menu” Underwriting Announcements, “Renewal Expectancy” . . . and Chesterfields!

By Harry Cole on April 24, 2013 Posted in Media

The FCC has renewed an NCE-FM license - but not before fining the licensee for including too much detail in underwriting announcements, admonishing it for overly relying on PSA's, and referring it to the Department of Justice for cigarette advertising!… Continue Reading

Cellular Wars: The Employees Strike Back!

By Harry Cole on April 10, 2013 Posted in Cellular, Wireless

With two six-digit fines -- ouch!!! -- the FCC has again warned us all that it really doesn't want us to use cell phone jammers.… Continue Reading

Aereo in the Second Circuit: Wha’ Happened?

By Harry Cole on April 10, 2013 Posted in Cable, Intellectual Property, Media

If you were to buy into Fox's over-the-top reaction to the Second Circuit's recent decision in the Aereo proceeding, you might get the impression that that decision marks some major, and possibly irreversible, turning point. But that's why you read CommLawBlog, right?… Continue Reading

Regulation in Retrospect: “New” FCC Rule Books Now Available

By Harry Cole on April 9, 2013 Posted in Cable, Cellular, Media, Telecommunications, Wireless

In a quaint tip-of-the-hat to the Way Things Used To Be, the FCC has issued its annual public notice advertising the availability of printed versions of its rules.… Continue Reading

Indecency Alert: New Unannounced “Egregiousness” Standard Now Apparently in Effect, But More Changes May Be On the Way, Eventually

By Harry Cole on April 2, 2013 Posted in First Amendment, Media

In a public notice that surely ranks among the most bizarre any of us are likely to see, the FCC's Enforcement Bureau and General Counsel have made three startling announcements about the Commission's broadcast indecency policy.… Continue Reading

FM Translator Application Update: Bureau Announces Window for Filing of Preclusion Showings

By Harry Cole on March 15, 2013 Posted in Deadlines, Media

In the long-running reality show "Survivor - 2003 FM Translators", if you happen to be a player whose FM translator applications haven't yet been kicked off the island, heads up: the Media Bureau has just announced the next challenge.… Continue Reading

Audio Division to Permittees: Get License Applications Filed Within 30 Days of Permit Expiration . . . Or Else!

By Harry Cole on March 10, 2013 Posted in Deadlines, Media

The FCC's Audio Division has announced that when the rules say that a covering license application must be filed before the expiration of the underlying construction permit, they really mean it . . . sort of.… Continue Reading

Revised Form 323 Out for Comment at OMB

By Harry Cole on March 4, 2013 Posted in Deadlines, Media

A proposed change in the commercial broadcast Ownership Report form would allow individuals to identify themselves as members of as many as five separate racial categories, simultaneously. But the results may not help the Commission get to where it seems to want to go.… Continue Reading

The Five-Year Enforcement Shot Clock: Has the FCC Finally Begun to Acknowledge It?

By Harry Cole on February 24, 2013 Posted in Cable, Cellular, Media, Telecommunications, Wireless

It appears that the Commission may have taken the first steps - baby steps carefully cloaked from public view, perhaps, but steps nonetheless - toward addressing its hopeless backlog of broadcast complaints.… Continue Reading

More FM Translator Applications Down the Tubes

By Harry Cole on February 15, 2013 Posted in Media

In what may be the last peristaltic spasm of the FM translator review process, the Media Bureau has has dismissed "several dozen" more FM translator applications.… Continue Reading

TVStudy: Changes in TV Coverage Calculations Devised For Incentive Auctions

By Harry Cole on February 11, 2013 Posted in Cellular, Deadlines, Media, Wireless

The FCC's Office of Engineering and Technology wants to sharpen its pencil when it comes to predicting TV station coverage. Is that really a good idea?… Continue Reading

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

By Harry Cole on February 7, 2013 Posted in Media

Gee, do we really want to entrust our social security numbers to the FCC?… Continue Reading

Bureau Disposes of FM Translator Applications

By Harry Cole on February 5, 2013 Posted in Deadlines, Media

That loud flushing noise you may just have heard was the sound of about 3,000 FM translator applications heading down the tubes.… Continue Reading

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

By Harry Cole on January 31, 2013 Posted in Deadlines, Media

The Media Bureau has announced that some TV stations may opt not to post to the FCC's online public file system their quarterly issues/programs lists covering earlier renewal cycle(s). Before you start doing the Snoopy dance, though, be aware that there are at least three gotchas here.… Continue Reading

Explosive Proposal: C4 for FM’s?

By Harry Cole on January 25, 2013 Posted in Media

A petition for rulemaking has blasted onto the FCC scene, proposing a new class -- C4 -- of FM station. Is it da bomb, or is it a dud?… Continue Reading

Form 323 – Kissing the SUFRN Good-bye?

By Harry Cole on January 15, 2013 Posted in Deadlines, Media, Privacy

An FCC proposal would abandon "special use FRNs" in Ownership Reports and require social security number-based FRNs instead . . . for noncommercial licensees, too!… Continue Reading

FM Translator Application Dismissal Lists – A Clarification

By Harry Cole on January 3, 2013 Posted in Deadlines, Media

"Selection Lists" of FM translator applications to be dismissed may be filed by email. Check this post for further details.… Continue Reading

Update: Deadline for FM Translator Dismissal Lists Announced

By Harry Cole on December 21, 2012 Posted in Deadlines, Media

The Media Bureau has announced that the window period for submitting "translator application selection" lists. If you've got FM translator applications from the 2003 window still pending, you've got your work cut out for you.… Continue Reading

Incognito Incentive Auction Input Encouraged

By Harry Cole on December 19, 2012 Posted in Cellular, Deadlines, Internet, Media, Wireless

In an effort to coax otherwise reticent TV broadcasters to join in the public discussion about plans for incentive auctions, the Media Bureau has provided instructions on the fine art of filing comments anonymously.… Continue Reading

Commissioner Pai: The Dude Abides.

By Harry Cole on November 29, 2012 Posted in FHH

We read a lot of Commissioners' "separate statements" - it's an occupational hazard. But Commissioner Ajit Pai recently released a separate statement of a different stripe.… Continue Reading

As Sandy Nears, FCC Provides Emergency Response Information

By Harry Cole on October 27, 2012 Posted in Cable, Cellular, Media, Telecommunications, Wireless

With Frankenstorm Sandy muscling its way up the East Coast, the FCC has started its anticipatory disaster response.… Continue Reading

More Online TV Public Inspection File How-To’s: The Issues/Programs List

By Harry Cole on September 30, 2012 Posted in Deadlines, Media, Privacy

Coming soon to screens all across the country! YOUR October 2012 issues/programs list (if you're a full-power or Class A TV station). If you think that your lists could use some spiffing up before their online debut, read on.… Continue Reading

Online TV Public Inspection File – Some How-To’s

By Harry Cole on September 28, 2012 Posted in Media

Public-file-uploading chores kick in for ALL TV licensees (including Class A's) no later than October 10, when the next quarterly issues/programs lists mush be placed in each station's file. With that deadline looming, we thought it might be useful to introduce everybody to some of the nitty-gritty details they'll need know before they try to upload their lists.… Continue Reading