Inside Tech Media

Subscribe to all posts by Inside Tech Media

AI Updates: New Congressional Subcommittee White Paper & National Science Foundation Request for Information

Recently, key stakeholders from both the Legislative and Executive branches took steps to advance the debate over how the U.S. government should encourage the benefits and mitigate the risks of Artificial Intelligence (“AI”).  In Congress, the Chairman and Ranking Member of the House Subcommittee on Information Technology released a bipartisan white paper that made various … Continue Reading

FCC Issues Public Notice Concerning Closed Captioning Reporting Procedures

In a Public Notice released this week, the FCC’s Consumer and Governmental Affairs Bureau provided details regarding the procedures by which video programming distributors (including broadcasters and MVPDs) must report video programmers who refuse to provide widely available closed captioning quality certifications. The procedures described in the Public Notice are an outgrowth of the closed captioning quality … Continue Reading

Less Than One Month Until May 29, 2015 Pre-Auction Licensing Deadline

The FCC Media Bureau’s designated May 29, 2015 “Pre-Auction Licensing Deadline” is rapidly approaching.  Full power and Class A facilities must be licensed by this deadline in order to be eligible for protection in the repacking process that will be part of the television incentive auction. For these purposes, facilities subject to a pending application … Continue Reading

Dutch Competition Authority Updates Guidance on Distribution Agreements

On 20 April 2015 the Dutch Authority for Consumers and Markets (“ACM”) published new guidance regarding its enforcement priorities in relation to distribution agreements, noting that its enforcement efforts will be focused on agreements having the most significant impact on consumer welfare.  The 28-page document explains that before opening an investigation, the ACM will first … Continue Reading

FCO sends statement of objections to Booking.com

On 2 April 2015, the German Competition Authority (FCO) sent a statement of objections (SO) to Booking.com Deutschland GmbH in relation to its use of “best price” clauses in contracts with hotels in Germany.  The FCO takes the view that, following the decision of the Düsseldorf Higher Regional Court confirming the FCO’s decision in proceedings … Continue Reading

EU Announces E-Commerce Sector Inquiry

Competition Commissioner Margrethe Vestager announced today during a speech at the Bundeskartellamt (German Competition Authority) International Conference on Competition her intention to launch a sector inquiry in the e-commerce sector. The sector inquiry will be formally proposed to the Commission in May. Preliminary findings on the sector inquiry could be ready in mid-2016. Commissioner Vestager … Continue Reading

FCC Plans Maximum Fine for Television Broadcast of Indecent Material

The Federal Communications Commission today announced its intent to fine a television station $325,000 — the maximum penalty available — for airing less than three seconds of a pornographic video on a small portion of the screen during an evening newscast.  The Notice of Apparent Liability is a reminder of the FCC’s continued vigorous enforcement … Continue Reading

FCC Extends Deadline for Compliance with Television Closed Captioning Quality Rules

The FCC announced in a recent Public Notice that it will extend the deadline for compliance with its new television closed captioning quality rules until March 16, 2015. Previously scheduled to go into effect on January 15, 2015, the quality rules establish standards for television closed captioning concerning (1) accuracy, (2) synchronicity, (3) completeness, and (4) placement.  The rules … Continue Reading

FCC Seeks Comment on Requiring Video Programmers to File Contact Information, Closed Captioning Certifications

In a recent Further Notice of Proposed Rulemaking (FNPRM), the FCC announced that it is seeking comment on proposals that would require video programmers to file contact information and closed captioning certifications with the FCC.  Specific topics on which the FCC is seeking comment include the following: Whether video programmers should be required to file … Continue Reading

STELAR (STELA Reauthorization) Enacted

The STELA Reauthorization Act (“STELAR”) has been signed into law by the President.  STELAR extends the statutory copyright license for satellite carriage of distant signals for another five years (through December 31, 2019).  It also extends through January 1, 2020 the statutory good faith negotiation requirement imposed on broadcasters and MVPDs for retransmission consent negotiations.  … Continue Reading

D.C. Circuit Extends Stay in Battle Over Access to Content Companies’ Confidential Information

This morning the U.S. Court of Appeals for the D.C. Circuit granted a stay of an FCC order that would have made hundreds of thousands of pages of highly confidential unredacted programming distribution and negotiation strategy documents available for inspection by third parties.  The disclosure of these materials would have occurred as part of the … Continue Reading

D.C. Circuit Grants Stay in Battle Over Access to Content Companies’ Confidential Information

The FCC was set to release today hundreds of thousands of pages of highly confidential documents — including unredacted programming distribution agreement materials and negotiating strategy documents — for inspection by third parties as part of the Commission’s review of the Comcast-Time Warner Cable and AT&T-DIRECTV mergers.  On Friday, November 14, however, a coalition of … Continue Reading

FCC Issues “Enforcement Advisory” Warning Political Campaigns and Promoters Against Robocall Abuse

Yesterday, the Federal Communications Commission’s Enforcement Bureau issued an advisory reminding political campaigns about the restrictions placed on the use of autodialed calls, prerecorded calls, and text messages by the Telephone Consumer Protection Act (“TCPA”) and the FCC’s corresponding rules.  The Enforcement Bureau warns that it is “closely monitoring this space” and will “rigorously enforce … Continue Reading

Upcoming Webinar: “Advertising Drugs and Health Care Products via Social Media: FDA Regulation”

On Wednesday, May 7, Covington attorneys Stefanie Doebler and Saurabh Anand will be participating in a webinar that might be of interest to many of the readers of this blog.  The presentation, entitled “Advertising Drugs and Health Care Products via Social Media,” will provide attendees with an overview of a recent FDA draft guidance addressing … Continue Reading

ECJ Confirms Application of Consumer Protection Measure to Cross-Border Services

By Miranda Cole and Katharina Grosse-Ophoff In its UPC judgment this week the European Court of Justice (“ECJ”) has clarified the application of consumer protection laws to, and the jurisdiction of national regulatory authorities over, providers of electronic communications services (“ECS”) that are established in one member state who provide services in another.  The court also confirmed that … Continue Reading

FCC Establishes Quality Standards for Closed Captioning

The FCC has adopted new rules regarding closed captioning quality for television programming.  At its meeting yesterday, the Commission unanimously approved a Report & Order that will establish four “non-quantitative” quality standards for closed captioning, requiring captions to be (1) accurate, (2) synchronous, (3) complete, and (4) properly placed.  The Report & Order will also … Continue Reading

Do We Have a Right to Online Anonymity? Depends On Which Judge You Ask

The Edward Snowden leaks have forced Americans to question whether the government monitors their online activities.  But intelligence-gathering is not the only government threat to Internet privacy: plaintiffs in defamation cases are using court subpoenas to attempt to unmask Internet users’ identities. In some seedy corners of the Internet, commenters use the veil of anonymity … Continue Reading

Journalists Nationwide Face Surge of Subpoenas in Federal and State Courts

Reporters nationwide have faced a flurry of subpoenas in recent months, calling into question whether journalists can guarantee confidentiality to sources.  The repeated attempts to force journalists to reveal their confidential sources and other information about their newsgathering demonstrate the need for strong reporter “shield laws” on both the federal and state level. Among some … Continue Reading

FDA Issues Draft Guidance on Postmarketing Requirements for Promotion on Social Media

On January 13, 2014, FDA issued a draft guidance document entitled “Fulfilling Regulatory Requirements for Postmarketing Submissions of Interactive Promotional Media for Prescription Human and Animal Drugs and Biologics.”  This draft guidance addresses the procedural topic of submitting Forms FDA 2253 and 2301 when firms use social media such as blogs, microblogs, social networking sites, … Continue Reading

Court Strikes Net Neutrality Rules, Leaves Path for Other Broadband Regulations

A federal appeals court struck down key parts of the Federal Communications Commission’s Open Internet Order in a Jan. 14 decision, ruling that the FCC’s “net neutrality” rules improperly regulate broadband providers like “common carriers” — such as providers of traditional telephone service — even though the FCC has classified broadband providers as not subject … Continue Reading

FCC Proposes $200,000 Fine For Simulated EAS Codes

The FCC has proposed fining Turner Broadcasting System $200,000 for allegedly transmitting simulated Emergency Alert System (EAS) codes 14 times over a six day period in the absence of an actual emergency.   Two viewers complained that an advertisement that aired on Turner’s Adult Swim Network (which shares channel airtime with the Cartoon Network) contained audio … Continue Reading
LexBlog