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Gerard J. Waldron

Gerry Waldron represents communications, media, and technology clients before the Federal Communications Commission and Congress, and in commercial transactions. Gerry served as chair of the firm’s Communications and Media Practice Group from 1998 to 2008. Prior to joining Covington, Gerry served as the senior counsel on the House Subcommittee on Telecommunications. During his work for Congress, he was deeply involved in the drafting of the 1993 Spectrum Auction legislation, the 1992 Cable Act, the Telephone Consumer Protection Act (TCPA), CALEA, and key provisions that became part of the 1996 Telecommunications Act.

Gerry’s practice includes working closely on strategic and regulatory issues with leading IT companies, high-quality content providers in the broadcasting and sports industries, telephone and cable companies on FCC proceedings, spectrum entrepreneurs, purchasers of telecommunications services, and companies across an array of industries facing privacy, TCPA and online content, gaming, and online gambling and sports betting-related issues.

Gerry has testified on communications and Internet issues before the FCC, U.S. House of Representatives Energy & Commerce Committee, the House Judiciary Committee, the Maryland Public Utility Commission, and the Nevada Gaming Commission.

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On November 12, 2024, the Court of Common Pleas of Philadelphia County (the “court”) released is decision holding that the promotional effort to award $1 million to persons who indicated their support for the U.S. Constitution did not constitute a lottery under Pennsylvania law.  This decision marks a rare instance in which a court has ruled upon whether the key elements of a “lottery” or similar gambling scheme were present in a consumer-facing promotional effort.  In this case the court held that the key elements of a lottery (prize, chance, and consideration) were not present.

Background

On October 19, 2024, the founder of America PAC (Mr. Elon Musk) stated at a Pennsylvania rally that he would award $1 million per day for the next two weeks to a registered voter who signed America PAC’s petition pledging support for the U.S. Constitution and the First and Second Amendments.  America PAC also announced this promotional program on the website X with a post that stated the PAC “will be randomly awarding one million dollars every day from now until election day, to registered Pennsylvania voters who sign America PAC’s petition, and a surprise member of the audience as the first winner.”  This post also included a video that stated the money would be awarded “randomly” to people who signed the petition and agreed to be a spokesperson for the petition.  Subsequent posts promoting the program mentioned signing the petition for a chance to win $1 million.Continue Reading Pennsylvania Court Finds Promotion Program During Presidential Campaign Not a Lottery

Updated October 1, 2024.  Originally posted September 19, 2024.

Last month, far-reaching proposals to regulate sports betting were introduced in the U.S. Senate and the House of Representatives by Senator Richard Blumenthal and Representative Paul Tonko which mark “the first comprehensive legislation that would address the public health implications inherent in the widespread legalization of sports betting.”  The bills, called the Supporting Affordability and Fairness with Every Bet (SAFE Bet) Act, would establish a broad federal scheme imposed on State gambling authorities to limit sports betting advertising, address problem gambling, and focus on other “public safety” measures. 

The SAFE Bet Act would establish a general nationwide prohibition on sports betting with an exception for States that receive approval from the Department of Justice (DOJ) to operate a sports betting program consistent with the requirements of the proposed legislation.  DOJ approval of a State’s application would be valid for three years and would be renewable.  To receive approval, a State would have to show that it meets minimum federal standards related to sports betting advertising, controls on customer deposits, general consumer-protection requirements, and the use of artificial intelligence (AI) by sports betting operators.  The following is a high-level summary of the key standards.Continue Reading Bills to Regulate Sports Betting Introduced in Senate and House

On August 29, 2024, the Federal Communications Commission (the “Commission”) adopted rules (the “Order”) enabling licensed initial drone operations in the 5 GHz spectrum band, allowing for reliable and protected wireless communications necessary for controlling “uncrewed aircraft systems” (“UAS”). The Order is an initial step in the Commission’s phased approach to developing licenses and service rules for UAS operations.

In a press release accompanying the Order, Chairwoman Jessica Rosenworcel said “We are already starting to live in the future we’ve long imagined: uncrewed aircraft systems are fighting wildfires, supporting news gathering, delivering packages, and supporting national security…The FCC is working hard to meet the spectrum needs of remote-piloted aircraft activity. We will continue to work with our public and private partners to support the best outcomes for public safety, wireless services, consumers, and our economy.”Continue Reading FCC Adopts Initial Rules for Drone Operations

On Thursday, July 25, the Federal Communications Commission (FCC) released a Notice of Proposed Rulemaking (NPRM) proposing new requirements for radio and television broadcasters and certain other licensees that air political ads containing content created using artificial intelligence (AI).  The NPRM was approved on a 3-2 party-line vote and comes in the wake of an announcement made by FCC Chairwoman Jessica Rosenworcel earlier this summer about the need for such requirements, which we discussed here. 

At the core of the NPRM are two proposed requirements.  First, parties subject to the rules would have to announce on-air that a political ad (whether a candidate-sponsored ad or an “issue ad” purchased by a political action committee) was created using AI.  Second, those parties would have to include a note in their online political files for political ads containing AI-generated content disclosing the use of such content.  Additional key features of the NPRM are described below.Continue Reading FCC Proposes Labeling and Disclosure Rules for AI-Generated Content in Political Ads

On July 24, 2024, the U.S. Court of Appeals for the Fifth Circuit struck down the Federal Universal Service Fund (USF) in Consumers’ Research et al. v. FCC.  In a 9-7 en banc decision, the majority reversed an earlier decision by a three-judge panel and held that the program created by the Federal Communications Commission (FCC) based on provisions in the 1996 Telecommunications Act constitutes an unlawful delegation of taxing power from Congress and thus violates Article I, § 1 of the Constitution.

The USF is a system for subsidizing telecommunications service to low-income households and high-cost areas by assessing telecommunications carriers; it also provides support to schools and libraries as well as rural health care facilities.  USF accomplishes this through four main mechanisms: the High-Cost Program, which provides support to certain telephone companies that serve high-cost areas; the Low Income Support Program, which subsidizes monthly telephone and broadband service for low-income customers; the E-rate Program, which subsidizes the provision of broadband connectivity and Wi-Fi to schools and libraries; and the Rural Health Care Program, which subsidizes the provision of telecommunications services to rural healthcare providers.Continue Reading Fifth Circuit Holds Federal Universal Service Fund Program Unconstitutional, Creates Circuit Split

Updated May 28, 2024.  Originally posted May 10, 2024.

The U.S. Federal Communications Commission (FCC) is set to reopen the public comment period on potential further amendments to its orbital debris mitigation rules, providing space industry stakeholders with a new opportunity to provide input on regulations with far-reaching implications.  Further illustrating the FCC’s commitment to leadership in regulating commercial space operations, stakeholders have until Thursday, June 27 to provide input on the agency’s regulation of orbital debris.  Today’s Federal Register sets this comment deadline, as well as a cutoff of Friday, July 12 for any reply comments.Continue Reading FCC’s Space Bureau Seeks Further Input on Regulation of Orbital Debris; Comments Due June 27

Updated April 30, 2024.  Originally posted March 18, 2024.

In March, the U.S. Federal Communications Commission (FCC) adopted a licensing framework that authorizes satellite operators to partner with terrestrial wireless providers to develop hybrid satellite-terrestrial networks intended to provide ubiquitous network connectivity, including in “dead zones” and other hard-to-reach areas.  Today’s Federal Register publication confirms that this new “Supplemental Coverage from Space” (SCS) regime will become effective Thursday, May 30, 2024, which will enable satellite operators to serve as a gap-filler in the networks of their wireless provider partners by using their satellite capability combined with spectrum previously allocated exclusively to terrestrial service.Continue Reading FCC’s “Supplemental Coverage from Space” Rules Take Effect May 30; New Licensing Framework Expands Satellite-to-Smartphone Coverage

On April 2, 2024, the FCC released a Report and Order (the “Order”) and Further Notice of Proposed Rulemaking (the “Further Notice”) approving a rule change on a bipartisan, unanimous basis to allow radio broadcasters to use FM boosters to direct hyper-local programming for a portion of each hour at specific geographic areas rather than to do what radio stations have done for a century, which is sending the same broadcast stream over the entire market.  Prior to the rule change, radio stations could only use FM boosters to retransmit the main signal to areas not well covered by the primary antenna. Continue Reading FCC Approves Rule Change Revolutionizing Radio Industry

Yesterday, the Federal Communications Commission (“FCC”) announced a deadline of Monday, January 22, 2024 for all holders of international Section 214 authority to respond to a one-time information request concerning their foreign ownership.  Most telecommunications carriers hold international Section 214 authority (i.e., authorization to provide telecommunications services from points in the United States to points abroad), so virtually all carriers should prepare to respond by next month’s deadline.  Financial or strategic investors focused on the telecommunications space should prepare, as well – e.g., private equity funds with investments in telecommunications companies may be asked by these portfolio companies to provide ownership information necessary to comply with the FCC’s reporting requirement by the January 22, 2024 deadline.Continue Reading FCC Sets January 22, 2024 Deadline for All International Section 214 Holders to Provide Updated Foreign Ownership Information

On Tuesday, July 25, 2023, the U.S. Department of Justice (“DOJ”) announced that it has finalized a notice of proposed rulemaking (“NPRM”) under Title II of the Americans with Disabilities Act (“ADA”) to establish clear technical accessibility standards for state and local governments’ websites and mobile applications (“apps”).  Although the text of the proposed rule has not yet been released, according to the White House, it “suggests clear technical standards, like including text descriptions of images so people using screen readers can understand the content, providing captions on videos, and enabling navigation through use of a keyboard instead of a mouse for those with limited use of their hands.”  Note that the proposed rule would apply to state and local government websites and apps only, but as discussed below this rulemaking could have a shadow effect on disputes about the accessibility of commercial websites and apps. Continue Reading Biden Administration Announces Rulemaking to Improve the Accessibility of Online Public Services for Americans with Disabilities