Kara Azocar

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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

Safeway Settles ADA Accessibility Lawsuit, Makes Grocery Website Accessible to Visually Impaired

Safeway agreed in settlement of a lawsuit brought by visually-impaired customers in California and Washington State to ensure that its website, which allows people to order groceries online and have them delivered to their homes, is accessible to persons with disabilities.  Safeway has already made significant enhancements to its online shopping website to meet the … Continue Reading

US Information Security and Privacy Board Expresses Concerns about Management of Cybersecurity in Wireless Medical Devices

The US Information Security and Privacy Board (ISPAB) voiced concerns over potential harms resulting from a lack of controlled management of cybersecurity in wireless medical devices in response to the FDA’s  draft guidance, “Content of Premarket Submissions for Management of Cybersecurity in Medical Devices.”  ISPAB operates under the National Institute of Standards and Technology (NIST) in … Continue Reading

Appeals Court Finds that Retransmission Consent Agreement Allows Time Warner to Rebroadcast Nexstar Signals Across Entire System

The Court of Appeals for the Fifth Circuit found that the retransmission consent agreement between Nexstar Broadcasting Inc. and Time Warner Cable, Inc. allows Time Warner to rebroadcast the signals of three television stations owned by Nexstar without any geographic restriction across its entire system.  Rejecting Nexstar’s request for an injunction to stop Time Warner … Continue Reading

FCC Cracks Down For First Time on Mobile Jamming Device Use; Fines in the Six Figures

Last week, the FCC for the first time proposed to fine companies for using mobile phone signal jamming devices.  The FCC found that two entities, Taylor Oilfield Manufacturing, Inc. and The Supply Room, Inc., willfully and repeatedly imported and operated multiple illegal mobile phone signal jammers in the U.S.  Although the FCC in the past … Continue Reading

FCC Adopts Rules Requiring Emergency Information Provided During Non-News Programming To Be Conveyed on Secondary Audio Stream

New rules adopted by the FCC require that when television stations in the U.S. display emergency information visually during non-news programming, they must provide the same information aurally on a secondary audio stream. The new rules do not change the requirement that emergency information provided visually during newscasts be conveyed aurally on primary audio. The … Continue Reading

SpectrumWatch: FCC Considers Relocating Spectrum for Wireless Medical Devices in Repacking of Broadcaster Spectrum

The Federal Communications Commission sought comment, in connection with the incentive auction and repacking process reported in previous posts, on whether to relocate wireless medical telemetry service (“WMTS”) users from the 608-614 MHz spectrum band, known as Channel 37, or allow unlicensed devices to coexist with WMTS on Channel 37.  The proposal elicited comments by … Continue Reading

SpectrumWatch: All Five FCC Commissioners will Testify Before House Communications and Technology Subcommittee on December 12 Regarding Spectrum Act Implementation

All five Federal Communications Commission Commissioners will testify on “Keeping the New Broadband Spectrum Law on Track” on Wednesday, December 12, 2012 before the Communications and Technology Subcommittee of the House Energy & Commerce Committee. As they become available, further details will be posted here. Congress gave the FCC authority to conduct incentive auctions to … Continue Reading

Spectrum Watch: FCC Holds Broadcaster LEARN Program Workshop

On Friday, October 26, 2012, the Federal Communications Commission held its first workshop as part of its Learn Everything About Reverse-Auctions Now (“LEARN”) Program — a series that seeks to provide broadcasters guidance on the incentive auction process by which the FCC will reallocate a to-be-determined amount of broadcast television spectrum in the 600 MHz … Continue Reading

FCC Sets Comment Cycles for Additional Petitions Seeking to Clarify TCPA Provisions

In follow up to our previous blog entry on the subject, comment deadlines were set for additional petitions seeking to clarify TCPA provisions and related FCC rules.  Comments on these Petitions are due on November 23, 2012, and reply comments are due on December 10, 2012. The Westfax Petition asks the FCC to clarify whether … Continue Reading

Telemarketing Recap: Recent Key Developments at the FCC, FTC and in the Courts

A number of key developments affecting telemarketing emerged over the past week: 1.  The distinction between informational and telemarketing calls was further defined.  The 9th Circuit held that calls intended to impart information about a customer rewards program could be construed as “dual purpose” calls subject to federal and state telemarketing restrictions.  See Chesbro v. … Continue Reading

Spectrum Watch: A Closer Look at the FCC’s Proposed Rules for First-Ever Incentive Auction and Repacking of Broadcast Spectrum

As we reported previously, the Federal Communications Commission (FCC) has released a Notice of Proposed Rulemaking in the Matter of Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions (“NPRM”), along with an accompanying paper by auction specialists Auctionomics and Power Auctions. In this post, we describe the proposed rules for the incentive … Continue Reading

Spectrum Watch: FCC Releases Agenda for October 26th Reverse Auction Workshop

 The FCC today released details for its October 26th Broadcaster Learn Everything About Reverse-Auctions Now (“LEARN”) Program Workshop, to be held in the Commission Meeting Room at the FCC’s headquarters in Washington, D.C. and webcast live at www.fcc.gov/live.    The workshop is the first in a series that seeks to provide broadcasters guidance on the incentive … Continue Reading

Marking the One-Year Anniversary of the USF/ICC Transformation Order

In just under a year since the Federal Communications Commission (FCC) issued the USF/ICC Transformation Order setting forth major reforms to its telecommunications funding and compensation systems, the multi-year reform process continued amidst judicial and regulatory challenges. This post examines how these reforms evolved over the last year through modifications to the Order clarifying various … Continue Reading

SpectrumWatch: FCC Initiates Incentive Auction Rulemaking

Yesterday, the Federal Communications Commission (FCC) released the full text of its widely-anticipated proposed rules for an incentive auction of television spectrum and broadcast “repacking” process that will accompany the auction.  (The FCC had voted to adopt these proposed rules on Friday, but had not released the text until yesterday.)  The proposed rules address three … Continue Reading
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