Paul J. Feldman

Photo of Paul J. Feldman Paul J. Feldman came to Fletcher, Heald & Hildreth, PLC. in 1992 and he became a Member of the Firm in 1997. His practice of Telecommunications Law concentrates on the areas of private and commercial mobile radio services; video services, including cable and satellite TV, and broadcast television; and local/interexchange telecommunications. Mr. Feldman's work has resulted in a number of precedent-setting FCC orders regarding carriage of television stations on cable TV systems. He works with Internet Service Providers in connection with issues such as “Net Neutrality.” Mr. Feldman assists railroad carriers with FCC spectrum issues in the provision of Positive Train Control. He represents passive-scientific users of the spectrum, including radio astronomers. He also assists clients with certain Privacy Law users such as telemarketing compliance with the Telephone Consumer Protection Act (TCPA).

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Court Strikes Down a Portion of the FCC’s Foreign Sponsorship Identification Rules for Broadcasters

By Paul J. Feldman on Posted in FCC, Media
Earlier this year, new FCC rules went into effect requiring radio and television stations to broadcast Sponsorship ID disclosures for programming provided by foreign governmental entities.   Yesterday, the federal Court of Appeals for the D.C. Circuit struck down one part of those requirements:  the requirement for broadcasters to independently confirm the sponsor’s status by consulting … Continue Reading

What’s Next for Next Gen TV? FCC Seeks Comments on The Status of Next Gen TV and Sunset of Two Rules.

By Paul J. Feldman on Posted in Deadlines, FCC, Media
The FCC has just released a Third Further Notice of Proposed Rulemaking (FNPRM) https://docs.fcc.gov/public/attachments/FCC-22-47A1.pdf seeking comments on the state of the Next Generation Television (“Next Gen TV” or “ATSC 3.0”) transition, and on the scheduled sunset of two rules adopted in 2017.  Generally, the FNPRM seeks comments on the progress of broadcasters’ voluntary deployment of … Continue Reading

FCC Announces Effective Date of New Political Programming Rules

By Paul J. Feldman on Posted in Deadlines, FCC, FHH, Media
Recently we posted a blog alerting that the FCC was updating aspects of its political programming and recordkeeping rules.  That FCC Order revised the definition of “legally qualified candidate for public office”, and also amended the political file rules.  The revised rules are effective 30 days after publication of a summary of the order in … Continue Reading

FCC REVISES POLITICAL PROGRAMMING AND ADVERTISING RULES

By Paul J. Feldman on Posted in Cable, Deadlines, FCC, Media, Satellite
Today, the FCC released a Report and Order (Order), updating the political programming and recordkeeping rules for broadcast licensees, cable television system operators, Direct Broadcast Satellite (DBS) service providers, and Satellite Digital Audio Radio Service (SDARS) licensees.  The Order revises the definition of “legally qualified candidate for public office” to add the use of social … Continue Reading

FCC Warns Inactive/Non-Responsive C-Band Earth Stations: File or Be Terminated

By Paul J. Feldman on Posted in Enforcement, FCC, Satellite
As readers of CommLawBlog know, the Federal Communications Commission (“FCC” or the “Commission”) has reallocated the lower portion of the C-Band used for satellite communications and auctioned that portion of the spectrum for wireless services. In connection with that auction, operators of C-Band Fixed Satellite Service (FSS) earth stations will have to modify their operations … Continue Reading

ATSC 3.0 Order Encourages the Deployment of Broadcast Internet Services

By Paul J. Feldman on Posted in FCC, Media
On December 10, 2020, the Federal Communications Commission (“FCC” or the “Commission”) released a Report and Order that is intended to encourage further deployment of the ATSC 3.0 Next Generation Television Standard (ATSC 3.0), and particularly to facilitate the expansion of new and innovative ancillary and supplementary “Broadcast Internet” services by noncommercial educational (NCE) stations. … Continue Reading

FCC Establishes Procedures for Auction of C-Band Spectrum – Auction to Begin on December 8, 2020

By Paul J. Feldman on Posted in FCC, Telecommunications, Wireless
Today, the Federal Communications Commission (“FCC” or the “Commission”) released a Public Notice that establishes the procedures for Auction 107, which will make available spectrum in the lower portion of the C-Band, at 3.7-3.98 GHz.   The auction will be for new flexible-use overlay licenses, intended primarily to further the deployment of fifth-generation (5G) wireless, the Internet … Continue Reading

127,000 More Reasons to File Proper FCC Applications When Your Company Goes Through Bankruptcy

By Paul J. Feldman on Posted in Enforcement, FCC, Media, Wireless
Recently, we published an article regarding a Federal Communications Commission (“FCC”) Consent Decree where a company agreed to pay a $240,000 penalty for violating the FCC’s rules by engaging in transactions where FCC wireless licenses were transferred without filing for and obtaining the prior consent of the FCC.… Continue Reading

FCC Revises Cable TV Leased Access Rate Formula and Appears to Invite a First Amendment Challenge

By Paul J. Feldman on Posted in Cable, FCC, First Amendment, Media
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

FCC Seeks Confirmation of C-Band Earth Stations Entitled to Reimbursement. Deadline for Filing is July 16th.

By Paul J. Feldman on Posted in Deadlines, FCC, Satellite, Telecommunications
The Federal Communications Commission (“FCC”) has just released a Public Notice that impacts operators of C-Band (3.7-4.2 GHz) earth station dishes to receive or transmit programming or data. Previously, the FCC reallocated the lower portion of that band for auction, with incumbents earth stations entitled to reimbursement for their expenses to move their operations to … Continue Reading

240,000 Reasons to File Proper FCC Applications When You Buy a Business That Holds Wireless Licenses

By Paul J. Feldman on Posted in Enforcement, FCC, Telecommunications, Wireless
The FCC recently released a Consent Decree in which the Archer Daniel Midlands Company (“ADM”) agreed to pay a $240,000 penalty for violating the FCC’s rules by engaging in transactions where five FCC wireless licenses were transferred without filing for and obtaining the prior consent of the FCC, and by failing to reveal in numerous … Continue Reading

TV Stations and MVPDs Must Upload Contact Information by July 31st

By Paul J. Feldman on Posted in Cable, Deadlines, FCC, Media
As we head into Summer, it’s important for TV broadcasters to remember the upcoming deadlines this Fall associated with notifying multichannel video program distributors (“MVPDs”) – primarily cable TV and direct broadcast satellite operators – of the station’s election of either must-carry or retransmission consent carriage status on the MVPD systems.   Two critical deadlines are … Continue Reading

FCC Issues Ruling, Seeks Comments, to Facilitate Implementation of ATSC 3.0 “Broadcast Internet”

By Paul J. Feldman and FHH Law on Posted in FCC, Media, Unlicensed Operations and Emerging Technologies
Three years ago, the FCC authorized deployment of a new IP-based broadcast TV standard, ATSC 3.0, with the hopes that TV broadcasters would implement innovative new data transmission services. That has not yet happened to any significant extent; so today the FCC voted to issue a Declaratory Ruling (“Ruling”) that it hopes will remove what … Continue Reading

The FCC’s Political File Rules: Is Your Station in Full Compliance?

By Paul J. Feldman and FHH Law on Posted in FCC, Media
Super Tuesday is less than two weeks away, Michael Bloomberg is spending a king’s ransom on political advertisements, and the Federal Communications Commission (“FCC”) is actively engaged in investigating stations’ compliance with the political file rules. Now is the time to make sure your station staff understands the FCC’s political file requirements and implements any … Continue Reading

FCC Makes Leased Access Rules More Cable Operator Friendly, Opens the Door to Eliminating Them

By Paul J. Feldman on Posted in Cable, FCC, Media
On June 7, 2019, the Federal Communications Commission (“FCC” or the “Commission”) released a Report and Order (“R&O”) revising the Commission’s rules under which independent programmers may lease cable TV channels to retransmit their programming (“Leased Access Rules”).   Leased Access has rarely been used, due to concerns by both cable operators and programmers, and the … Continue Reading

FCC Streamlines Rules for Earth Stations in Motion and Seeks Comments on Expanding Frequencies for Their Use

By Paul J. Feldman on Posted in Satellite
We previously have reported on Federal Communications Commission (“FCC” or “Commission”) authorization of use of earth stations installed on aircraft to communicate with Fixed-Satellite Service (“FSS”) spacecraft in geostationary orbits.  These Earth Stations Aboard Aircraft are part of a broader category of Earth Stations in Motion (“ESIMs”).  FCC regulations regarding licensing and operational requirements of … Continue Reading

FCC Announces the Next Step in Licensing Next Generation TV

By Paul J. Feldman on Posted in Cable, FCC, Media, Satellite
When the FCC released its Next Gen TV Report and Order in November 2017, we wrote about how this authorized television broadcasters to use the “Next Generation” broadcast television transmission standard (also known as ATSC 3.0) on a voluntary, market-driven basis. The rules from that Order became effective on February 2, 2018, except for the … Continue Reading

U.S. v. AT&T and Time Warner: The Death of the ‘Must-Have’ Programming Theory

By Paul J. Feldman on Posted in Cable, FCC, Media, Wireless
In a decision issued Tuesday, Judge Richard Leon of the U.S. District Court for the District of Columbia approved the proposed merger of AT&T and Time Warner. In doing so, he rejected the “must-have” programming theory that was the core of the government’s antitrust case seeking to block the merger. The “must-have” programming theory asserts … Continue Reading

Let’s Try This Again – FCC Seeks Comments on TCPA/Robocall Issues Remanded By D.C. Circuit.

By Paul J. Feldman on Posted in FCC, Telecommunications, Wireless
Like telemarketing “robocalls” that never seem to go away, the FCC’s attempts to clarify important and difficult statutory and regulatory issues under the Telephone Consumer Protection Act (TCPA) seem to constantly reoccur. Now the FCC is trying again, with a Public Notice seeking comments on: the definition of an “automatic telephone dialing system” (ATDS), how … Continue Reading

Wrong Number! D.C. Circuit Rules on Challenges to the FCC’s 2015 TCPA Order Part IV: What’s Next – New FCC Rulemakings and Impact on Litigation

By Paul J. Feldman on Posted in Enforcement, FCC, Privacy, Telecommunications
Robocalls – everyone has strong feelings about them. In many cases they serve a useful function, but they are often unwanted and/or fraudulent, and they are the largest source of consumer complaints to the FCC. In response, the FCC in 2015 issued a Declaratory Ruling and Order intended to broaden the number of calls subject … Continue Reading

Wrong Number!  D.C. Circuit Rules on Challenges to the FCC’s 2015 TCPA Order Part III: The Problem of Reassigned Phone Numbers

By Paul J. Feldman on Posted in Enforcement, FCC, Telecommunications
Robocalls – everyone has strong feelings about them. In many cases robocalls, or automated calls and text messages, serve a useful function (and not just for telemarketing). But unfortunately, they are often unwanted and/or fraudulent, and they are the largest source of consumer complaints to the FCC. In response, the FCC in 2015 issued a … Continue Reading

Wrong Number! D.C. Circuit Rules on Challenges to the FCC’s 2015 TCPA Order Part II: Revocation of Consumer Consent

By Paul J. Feldman on Posted in Enforcement, FCC, Telecommunications
Robocalls – everyone has strong feelings about them. In many cases robocalls, or automated calls and text messages, serve a useful function (and not just for telemarketing). But unfortunately, they are often unwanted and/or fraudulent, and they are the largest source of consumer complaints to the FCC. In response, the FCC in 2015 issued a … Continue Reading

Wrong Number! D.C. Circuit Rules on Challenges to the FCC’s 2015 TCPA Order Part I: The Debate Over Defining ‘Autodialer’

By Paul J. Feldman on Posted in Enforcement, FCC, Telecommunications
Robocalls – everyone has strong feelings about them. In many cases robocalls, or automated calls and text messages, serve a useful function (and not just for telemarketing). But unfortunately, they are often unwanted and/or fraudulent, and they are the largest source of consumer complaints to the FCC. In response, the FCC in 2015 issued a … Continue Reading

CMRS Rules Get an FCC Facelift – Say Goodbye to Sections 20.7 and 20.9

By Paul J. Feldman on Posted in FCC, Media, Wireless
Chairman Pai and the FCC last week continued their campaign of revamping FCC rules, this time by adopting a Report and Order tackling the Commission’s Commercial Mobile Radio Services (CMRS). The Order deletes Sections 20.7 and 20.9 of the Commission’s rules and is intended to generally eliminate an “outdated and incomplete list of certain services” … Continue Reading
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