Communications, Media & Entertainment

Effective Immediately! – FAR Amended to Include Prohibition on Chinese Telecommunications Equipment and Services in Government Contracts

By Townsend Bourne, David Gallacher & Jonathan E. Meyer on August 16, 2019

In accordance with Section 889(a)(1)(A) of the 2019 National Defense Authorization Act (Pub. L. No. 115-232) (the “2019 NDAA”), which required imposition of broad restrictions on procurements involving certain Chinese telecommunications hardware manufacturers such as Huawei Technologies Co. and ZTE Corp within one year, the FAR Council has released an interim rule implementing these restrictions. Today, the FAR Council released Federal Acquisition Circular 2019-05 (84 Fed. Reg. 40,216), creating a new FAR Subpart 4.21, as…

Ad Law Access

The First Circuit Reinstates False Advertising Class Action Challenging “Hazelnut Crème” Coffee

By Jaclyn Metzinger & Robert N. Ward on August 16, 2019

Imagine you are perusing the coffee aisle in the grocery store and see a product described as “freshly ground,” “100% Arabica Coffee,” “Hazelnut Crème,” “Medium Bodied,” and “Rich, Nutty Flavor.” Would you think that the coffee contains hazelnuts? Should consumers be expected to consult the ingredient list to clarify any confusion? And what exactly is “Hazelnut Crème?” The First Circuit addressed these issues in Dumont v. Reily Foods Co., in which a split panel concluded…

Broadcast Law Blog

Effective Date of Most of the Changes to the Children’s Television Rules – September 16

By David Oxenford on August 16, 2019

Notice was published in the Federal Register today of the FCC’s changes in the children’s television rules – setting the effective date for most of those new rules as September 16. The elimination of the obligation to air three hours of children’s educational and informational programming for each digital multicast channel will expire on that date. The ability to count children’s educational programming broadcast as early as 6 AM toward the broadcaster’s obligations to run…

Broadcast Law Blog

FCC Issues Detailed Instructions on Seeking Reimbursement for LPTV, TV Translator and FM Changes Required by Post-Incentive Auction Repacking

By David Oxenford on August 16, 2019

As we noted in our post yesterday, the OMB recently approved the FCC’s forms to allow for reimbursement of the expenses of LPTV and TV translator stations and FM stations (full power and low power) and FM translators caused by the repacking of the TV spectrum following the incentive auction. This approval sets the stage for the reimbursement process to begin. The FCC yesterday released a public notice giving details for the filing of …

WileyonMedia

Why the LPTV/Translator/FM Post-Auction Reimbursement Process is Different

By Ari Meltzer on August 16, 2019

With the FCC’s announcement that FCC Form 2100, Schedule 399 (better known as Form 399) is now available for LPTV, TV Translator, and FM Stations seeking reimbursement for expenses incurred in relation to the broadcast television repack, the reimbursement process for these stations is now underway. For many licensees that also own full power and Class A television stations, the process will have a familiar look. However, broadcasters should not be complacent with what they…

Internet & Social Media Law Blog

The 5G-Enhanced Potential of Augmented Reality Comes with Interesting Legal Issues

By Daniel C. Wood on August 16, 2019

In case you don’t know, William Gibson is the prescient science fiction author who effectively coined the terms “the matrix” and “cyberspace” as we currently use them, way back in the early 1980s. He also predicted augmented reality applications. In his 2007 novel, Spook Country, a character has taken to creating “locative art” installations in the real world that can be viewed only through mobile devices that use the GPS grid to create a virtual…

Duff on Hospitality Law

OTA & Travel Distribution Update: Southwest Airlines takes a contrarian approach; Booking.com begins enforcement of resort fee commissions outside the U.S.; TripAdvisor considers a formal loyalty program

By Greg Duff on August 16, 2019

OTA & Travel Distribution Update: Southwest Airlines takes a contrarian approach; Booking.com begins enforcement of resort fee commissions outside the U.S.; TripAdvisor considers a formal loyalty program This week’s Update features a story on relative newcomer to third party distribution (Southwest Airlines) and includes, yet again, another update on the on-again/off-again saga of Booking.com commissions. Enjoy. Southwest Airlines Takes a Contrarian Approach(“Southwest Airlines adds content to two GDSs,” Phocuswire on Aug 7, 2019) In an…

GLaws

Naspers to invest $100 million in Dream11 at a whopping $2.5 billion valuation

By Glaws Team on August 15, 2019

South African tech behemoth Naspers is looking to invest $100 million in Dream11 at a $2.5 billion valuation according to a report in Mint. According to the report, the transaction is expected to be a secondary one with Naspers looking to partially buy shares of existing investors Kalaari Capital, Think Investments and Multiples Alternate Asset Management. – “Dream11 does not need to raise a large round, but has significant inbound interest from investors. When…

CommLaw Monitor

FCC Enforcement Bureau Settles with CenturyLink Over Alleged Unauthorized Third-Party Charges

By Steve Augustino & Bradford Currier on August 15, 2019

On August 13, 2019, the FCC’s Enforcement Bureau announced that it settled a nearly three-year long investigation into whether CenturyLink included unauthorized charges from third-party service providers on customer bills. Also known as “cramming,” the assessment of unauthorized charges is a major source of consumer complaints and frequent focus of FCC enforcement actions. The CenturyLink Consent Decree follows in the wake of a handful of enforcement actions for cramming when accompanied by unlawful…

CommLaw Monitor

FCC Expands Anti-Spoofing Prohibitions to Foreign-Originated Calls, Text-Messaging Services

By Steve Augustino & Chris Laughlin on August 15, 2019

On August 1, the FCC took another step in its ongoing effort to combat deceptive and unlawful calls to consumers. This action once again sets its sights on a common target: concealment or alteration of the originating number on a communication. This practice is known as “spoofing” and, when conducted with an intent to cause harm to consumers, is unlawful. In the August 1 Report and Order, the FCC amended its Truth In Caller …