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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New Commercial FM Programming Non-Duplication Rule Goes Into Effect on August 2, 2024

By Paul J. Feldman on Posted in Broadcast, FM, Program Duplication Restrictions, Radio
The FCC recently announced that August 2, 2024, is the effective date of its newly reinstated programming non-duplication rule for commercial FM stations. As we have previously noted here, that rule, which was reinstated in a June 2024 Reconsideration Order, prohibits commonly owned or operated commercial FM stations with overlapping service contours from duplicating more … Continue Reading

Corporate Transparency Act Triggers New Federal Filing Requirement for Most Small and Medium Companies.

By Paul J. Feldman on Posted in Uncategorized
The federal Corporate Transparency Act (“CTA”), enacted by Congress on January 1, 2021, established new ownership disclosure and reporting requirements for most small and medium sized U.S. companies (“Reporting Companies”), including both existing and newly created companies. The deadline for filing the required report is January 1, 2025, but companies should not wait to review … Continue Reading

Reminder: November 29th Deadline for FCC Filing to Protect 12.7-13.25 GHz Broadcast Auxiliary/Cable Relay Licenses

By Paul J. Feldman on Posted in Broadcast, Cable, Television, Wireless
We remind parties with 12.7 – 13.25 GHz (“13 GHz”) Broadcast Auxiliary/Cable Relay licenses that you have until November 29, 2023 to make a filing at the FCC to protect those licenses, as the FCC moves towards repurposing some or all of that band for other uses.     In a May 19, 2023 Notice of Proposed … Continue Reading

TV Station Licensees: Don’t Forget the October 1st Deadline for Uploading Election of Cable TV/Satellite Status

By Paul J. Feldman on Posted in Broadcast, Cable, Must-Carry, Retransmission Consent, Satellite, Television
While it’s only July, TV station licensees should be mindful of an October 1st deadline for uploading to their station online public information file (“OPIF”), the station’s election of cable TV/satellite must-carry or retransmission consent status.     Under the FCC’s rules, for full power and certain Class A/Low Power commercial TV stations, there is a three-year … Continue Reading

FCC Modifies Next Gen TV Multicasting Rules to Ease Transition

By Paul J. Feldman on Posted in ATSC 3.0, Broadcast, FCC, LPTV, Next Generation TV, Television
In a recently released Third Report and Order, the FCC has revised its Next Generation Broadcast Television (ATSC 3.0 or Next Gen TV) rules to enhance the transition from the current TV technology (ATSC 1.0).  Among other things, the Order allows a Next Gen TV station to modify its license to include certain non-primary video … Continue Reading

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
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