On September 30, California Governor Jerry Brown signed a bill to apply net neutrality rules to Internet Service Providers (“ISPs”) operating in that state. California is not the first state to enact legislation on net neutrality, but its bill contains the most stringent requirements yet. The Trump Administration and multiple ISPs have sued to prevent the new law from going into effect, arguing that it conflicts with federal law. The first hearing on the legal challenge will take place on November 14.
Continue Reading California Adopts Net Neutrality Law; Court Hearing Scheduled for Nov. 14
IoT Update: FCC Efforts to Encourage 5G Infrastructure Investment
5G deployment and availability will greatly expand and enhance the Internet of Things (IoT). As we explored in a prior post, apart from spectrum availability, one of the other primary keys to promoting 5G development is increased investment in both wireless and wireline infrastructure. Without the necessary infrastructure (e.g. small cells, fiber backhaul) to support advanced 5G offerings, nascent IoT technologies will be inhibited by ever-increasing capacity demands that put strains on the existing infrastructure.
On September 26, 2018, the Federal Communications Commission (FCC) voted to approve a Declaratory Ruling and Third Report and Order (Order) designed to encourage and facilitate the investment necessary to deploy infrastructure to meet the demands of 5G networks. As the FCC explained in the Order, 5G is so important because it can “enable increased competition for a range of services—including broadband—support new healthcare and Internet of Things applications, speed the transition to life-saving connected car technologies, and create jobs.”
Continue Reading IoT Update: FCC Efforts to Encourage 5G Infrastructure Investment
FCC: Bitcoin Mining Equipment is Causing Interference to T-Mobile in Brooklyn
Yesterday, the Federal Communications Commission sent a letter to an individual in Brooklyn, New York, alleging that a device in the individual’s residence that is being used to mine Bitcoin is generating spurious radiofrequency emissions, causing interference to a portion of T-Mobile’s mobile telephone and broadband network.
The letter states that on November 30, 2017,
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
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
FCC Releases NPRM Regarding STELAR’s Market Modification Provisions
The Federal Communications Commission (FCC) has issued a Notice of Proposed Rulemaking (NPRM) in which it proposes satellite television “market modification” rules to implement Section 102 of the Satellite Television Extension and Localism Act Reauthorization Act of 2014 (STELAR). STELAR amends the Communications Act and the Copyright Act to give the FCC authority to modify a commercial television broadcast station’s local television market for purposes of satellite carriage rights. The FCC previously had such authority to modify markets only in the cable carriage context. The FCC also proposes to change the factors relevant to the market modification process. Below, we list some of the tentative conclusions and interpretations on which the FCC seeks comment.
The main effect of a market modification is to expand or contract the areas in which a station may elect mandatory carriage under the must-carry rules. To the extent that a station’s network affiliation or other agreements authorize a station to grant retransmission consent only in the station’s Nielsen DMA, a market modification petition granted by the FCC would not alter the boundaries of that DMA. However, for stations that have elected retransmission consent, a market modification may have implications with respect to the areas in which such stations’ signals may be carried as “local” signals under the copyright laws.
Continue Reading FCC Releases NPRM Regarding STELAR’s Market Modification Provisions
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 of its obscenity and indecency rules.
Continue Reading FCC Plans Maximum Fine for Television Broadcast of Indecent Material
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
FCC Tentatively Concludes that Certain Online Video Distributors are MPVDs
On December 19, the FCC released a Notice of Proposed Rulemaking (NPRM) relating to the designation of certain online video programming distributors as “multichannel video programming distributors” (MVPDs) under the Communications Act. This NPRM raises important and complex issues for the content community and has implications for other statutory regimes as well as existing program licensing and distribution agreements.
Continue Reading FCC Tentatively Concludes that Certain Online Video Distributors are MPVDs
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