Paul J. Feldman

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).

Subscribe to all posts by Paul J. Feldman

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

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

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

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.

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

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

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”

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?

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

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

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

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
LexBlog