Paul J. Feldman

Paul J. Feldman Paul Feldman concentrates on the areas of local and interexchange telecommunications, private and commercial mobile radio services, and video services, including cable TV, IPTV, and broadcast television. He works with Internet Service Providers in connection with issues such as “Net Neutrality.” Mr. Feldman assists railroad carriers with FCC issues in the provision of Positive Train Control. He also represents passive-scientific users of the spectrum, including radio astronomers.

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FCC Announces the Next Step in Licensing Next Generation TV

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

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.

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

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

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

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’

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

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

FCC Approves Voluntary ATSC 3.0 Next Gen TV Implementation

New Opportunities for Next Gen Broadcasters and Simulcast “Host” Stations, but Controversies Remain. Yesterday, the FCC adopted a Report and Order authorizing television broadcasters to use the “Next Generation” broadcast television (Next Gen TV) transmission standard (also called “ATSC 3.0”) on a voluntary, market-driven basis. This Order may herald a revolutionary change in TV broadcasting, opening … Continue Reading

FCC Eliminates Broadcast Main Studio Rules, Related Staffing, and Program Origination Requirements; Controversial Order Passes Three-Two Along Party Lines

On Oct. 24, 2017, the FCC issued a Report and Order eliminating the Commission’s rule requiring each AM, FM, and television broadcast station to maintain a main studio located in or near its community of license (i.e. the Main Studio Rule). In the same Order, the FCC eliminated existing requirements that are associated with the … Continue Reading

Company Fined $60k for Not Seeking Prior OK to Transfer Licenses

Continued use of expired licenses leads to enforcement action The FCC recently released an Order and Consent Decree that, with a $60,000 fine, acts as a bold reminder to manufacturers, utilities, and other companies that they must seek prior Commission approval to transfer FCC dispatch/internal communications licenses when the licensee company is purchased by or … Continue Reading

New Privacy Rules Going Into Effect Apply to All Telecom Carriers

An Enhanced Version of CPNI — But Will the New Administration “Undo” The New Rules? Attentive readers of this Blog know that in October, the FCC adopted new rules primarily designed to enhance the privacy and data security requirements imposed on providers of Broadband Internet Access Service (“BIAS”). Some of the new rules have been … Continue Reading

FCC Enacts Rigorous New Internet and Telecommunications Privacy Rules

A Hotly Contested Proceeding Expands the Commission’s Regulatory Authority, But Will Likely End Up in Court After a massive Notice of Proposed Rulemaking, extensive and contentious advocacy from all sides, and public revision of its own proposals, the FCC has just approved an Order enacting rules that impose a wide range of new regulations on Internet … Continue Reading

One Agency to Another: FTC Shares Its Views on FCC’s Internet Privacy Proposals

With the voice of experience, the FCC’s sister Commission provides support, criticism. As we alerted you a couple of months ago, the FCC is in the process of crafting rules intended to protect the private/propriety information (PI) of those of us accessing the Internet through Internet Service Providers (ISPs). If eventually adopted, the rules would … Continue Reading

What Can ISPs Do With YOUR Personal Information? The FCC Has Some Ideas …

Massive proposal would impose new limits, obligations on ISP use of private/proprietary customer data. Continuing its advance into the realm of privacy regulation, the FCC has proposed extensive rules that, if adopted, would impose a wide range of new regulations on Internet service providers (ISPs) in their provision of broadband Internet access service (BIAS). According … Continue Reading
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