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The Federal Communications Commission (“FCC” or “Commission”) has taken its first step in addressing several key issues under the Telephone Consumer Protection Act (“TCPA”) that were raised by the recent D.C. Circuit decision that resolved an appeal of the Commission’s 2015 Omnibus TCPA Order. Specifically, the D.C. Circuit’s March decision in ACA International v. FCC vacated the Commission’s overly broad definition of an autodialer and the Commission’s approach to reassigned numbers, and affirmed the…
UPDATE 4/12/2018:  Comments are due on May 11, 2018 and reply comments are due on May 29, 2018. The FCC wants to know whether and how it should revise the process for applying to assign or transfer control of a television satellite station. Television satellite stations are full power television stations that retransmit some or all of the programming of another television station and, as such, are exempt from the local and national television multiple…
The D.C. Circuit has now issued a long-awaited decision involving the Telephone Consumer Protection Act (TCPA), which has widespread implications for broadcasters and other media companies that rely on modern calling equipment (including text messaging) to reach their audiences. The decision resolves an appeal of the Federal Communications Commission’s (FCC’s) 2015 Omnibus TCPA Order with a unanimous panel but a split decision on the merits:  the Court affirmed the FCC on two issues and vacated…
In another proceeding initiated as part of its effort to modernize the rules that apply to broadcasters, the Federal Communications Commission (FCC) is seeking comment on whether and how to update the requirement that licensees file paper copies of certain contracts and other documents with the agency within 30 days of their execution. As a result of the publication of the notice of proposed rulemaking (NPRM) in the Federal Register, comments are due on…
The FCC’s Order on Reconsideration (Order) adopting sweeping changes to the media ownership rules has been published in the Federal Register. This establishes February 7, 2018 as the effective date for all but one of the rule changes adopted in the Order. As previously explained, the Order (i) eliminates the 42-year-old newspaper/broadcast cross-ownership rule; (ii) eliminates the radio/television cross-ownership rule; (iii) loosens the existing rules governing the ownership of local television stations; (iv)…
The FCC’s Notice of Proposed Rulemaking (NPRM) seeking comment on whether to modernize the requirements that broadcasters report annually on their provision of digital television (DTV) ancillary or supplementary services and provide local public notice of the filing of certain applications has been published in the Federal Register. As the FCC has announced, this sets deadlines of December 29, 2017 for comments and January 16, 2018 for reply comments. These proposals are a…
Federal Communications Commission (FCC or Commission) Chairman Ajit Pai is proposing some of the most dramatic changes to the Commission’s media ownership rules in decades. At its November 16 Open Meeting, the agency will consider an Order on Reconsideration that would: (i) eliminate the 42-year-old newspaper/broadcast cross-ownership rule; (ii) eliminate the radio/television cross-ownership rule; (iii) loosen the existing rules governing the ownership of local television stations (including attribution of joint sales agreements); and (iv) initiate…
This week, the United States Court of Appeals for the D.C. Circuit affirmed an FCC order issued in March 2016 that declined to require emergency alerts in languages other than English. In a 2-1 decision, the Court found the agency’s determination to be consistent with the Communications Act and reasonable, and thus denied the petition for review filed by groups that had previously requested that the FCC require multi-lingual emergency alerts. In its decision,…
When thinking about the regulations they must comply with, most broadcasters focus primarily, if not exclusively, upon the Federal Communications Commission (FCC). But there is at least one other federal agency that deserves attention, and that is the Federal Trade Commission (FTC). This is particularly true when endorsements, contests, and other marketing activities are in play, as well as when such activities occur not only on-air, but also on digital platforms including social media. Activities…
This month, the Federal Trade Commission (“FTC”) updated its Children’s Online Privacy Protection Act (“COPPA”) Rule Compliance Guide in its ongoing effort to ensure that COPPA reflects changes in technology, including the Internet of Things (“IoT”).  Although the FTC’s update confirms that COPPA applies to IoT devices, it does not provide meaningful guidance to operators regarding how to effectively implement the COPPA requirements in the unique IoT context. The updates make clear the expansive scope…