FAA Violated Clear Language of the Law The United States Court of Appeals for the D.C. Circuit last week, in Taylor v. Huerta, determined that the FAA’s registration rule cannot apply to small unmanned aircraft (aka, sUAVs, or drones) operated for recreational purposes. Drones operated for recreational purposes, which FAA terms “model aircraft”, are defined … Continue Reading
D.C. Circuit tosses LPTV challenge to auction/repack process, but $65 billion differential between forward and reverse auction bids forces second bid round with lower clearing target. On the Spectrum Auction front, August, 2016 ended in Dickensian style for the FCC: it was the best of times, it was the worst of times. A victory at … Continue Reading
D.C. Circuit reverses longstanding – if illogical – policy of many agencies. The federal Freedom of Information Act (FOIA) and its state equivalents remain a useful tool for anyone wishing to keep an eye on our governments’ activities. FOIA requests have led to the exposure of waste, fraud and abuse in government programs. Such revelations, … Continue Reading
We suspect that a lot of our readers have been anxiously awaiting the D.C. Circuit’s latest decision in the Net Neutrality proceeding. Here it is, just released. We here in the CommLawBlog bunker haven’t yet had a chance to review and digest the 115-page majority opinion (co-authored by Judges David Tatel and Sri Srinivasan), much … Continue Reading
The Internet’s stunning growth, from its beginnings through maturity in 2005, relied on common carrier rules. (Blogmeister’s note: Even more than usual, this post reflects the views of its author and not necessarily those of Fletcher, Heald & Hildreth, its other lawyers, or its clients.) The FCC’s latest effort at net neutrality rules is a … Continue Reading
We have previously reported that one party (Latina Broadcasters of Daytona Beach, LLC) has asked the U.S. Court of Appeals for the D.C. Circuit to stay either (a) the exclusion of Latina’s application from the upcoming reverse auction) or (b) the reverse auction itself. And now the Videohouse Three (about whose appeal we have also … Continue Reading
As the FCC plows ahead with plans to start its reverse auction process by requiring initial commitments by 6:00 p.m. (ET) on March 29, 2016, efforts by stations seeking a ticket into the reverse auction through Class A protection continue down at the D.C. Circuit. As we have reported, the Videohouse Three managed to get … Continue Reading
Be careful what you wish for, because you may get it. That may be what counsel for Videohouse is thinking just now, as the D.C. Circuit has granted their motion for an expedited briefing schedule. That’s good news for them, right? (Unclear on the background here? Take a look at this post and then come … Continue Reading
Publicly, the Commission appears determined to proceed full speed ahead, but a couple of FCC pleadings to the D.C. Circuit suggest otherwise. Pretty much since the FCC set out on its headlong race to design and implement the upcoming Incentive Auction, one of the Prime Directives appears to have been to get the thing done … Continue Reading
If you’ve got three hours to kill (and who doesn’t?), and you don’t feel like spending $15 for a movie (and who does?), we have a suggestion. Curl up next to your computer (or laptop, or tablet or smartphone, or other mode of Internet access) and listen to the oral argument in the Net Neutrality … Continue Reading
A seemingly small but crucial element of the FCC's incentive auction preparations has survived a broadside attack in the U.S. Court of Appeals for the D.C. Circuit.… Continue Reading
Just because the FCC finally released its behemoth Report and Order (R&O) in the net neutrality proceeding last month, don't think that the fun and games are over.… Continue Reading
The next time you find yourself at a roulette table in the Net Neutrality Casino, put all your chips on "D.C. Circuit". It's a good bet.… Continue Reading
The FAA is still "looking into" the use of drones for TV newsgathering. Meanwhile, a Texas search-and-rescue group has asked the D.C. Circuit to weigh in.… Continue Reading
You have to feel sorry for the FCC, trying to write net neutrality rules despite a court order that pretty much rules out "neutrality."… Continue Reading
The FCC can either straighten up and take on a hostile Congress, or it can stand back and watch the Internet devolve into the profit-making tool of a few powerful companies. This blogger just doesn't see a third alternative.… Continue Reading
The D.C. Circuit has now heard oral argument in Verizon's appeal of the FCC's effort, dating back to late 2010, to impose "open Internet" rules on broadband providers. And now YOU can hear the argument, too!… Continue Reading
