Earlier this week, the FCC released a Second Report and Order revising and expanding requirements to identify and disclose whether any “leased” broadcast program is sponsored by an agent of a foreign government. The new order followed a decision in 2022 by the U.S. Court of Appeals for the D.C. Circuit to strike down a component of the original rule adopted by the FCC. The new rule was adopted on a 3-to-2 vote, with the FCC’s two Republican members dissenting. While the FCC has underscored that these rules are intended to provide broadcasters with flexible and simple options for compliance, failure to comply with these new information gathering and retention requirements could lead to enforcement action, including monetary forfeitures. Continue Reading FCC Adopts Revised Foreign Sponsorship Disclosure Requirements
FCC Approves Rule Change Revolutionizing Radio Industry
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
FCC Raises Speed Benchmark for Fixed Broadband Services
Last month, the Federal Communications Commission (“FCC”) raised the fixed broadband speed benchmark from 25/3 megabits per second (“Mbps”) to 100/20 Mbps and concluded that “advanced telecommunications capability is not being deployed to all Americans in a reasonable and timely fashion.” As a consequence, the FCC concluded that “section 706 [of the Telecommunications Act of 1996] requires [it] to ‘take immediate action to accelerate deployment of such capability by removing barriers to infrastructure investment and by promoting competition in the telecommunications market.’”Continue Reading FCC Raises Speed Benchmark for Fixed Broadband Services
FCC Reinstitutes Collection of Broadcast Workforce Diversity Data
On February 22, the U.S. Federal Communications Commission (FCC) released an Order reinstating the collection of broadcast industry workforce diversity data on FCC Form 395-B and seeking comment on a similar proposal for multichannel video programming distributors (MVPDs), such as cable companies and satellite television providers. The FCC indicates that collecting this data “will allow for analysis and understanding of the broadcast industry workforce, as well as the preparation of reports to Congress about the same.” Continue Reading FCC Reinstitutes Collection of Broadcast Workforce Diversity Data
FCC Seeks Comment on Proposal to Prioritize Locally Produced Media
Last month, the FCC adopted a Notice of Proposed Rulemaking (NPRM) seeking comment on a proposal that it reports is intended to incentivize the production of local media by radio and television broadcast stations. In the NPRM, the FCC proposes to “adopt a processing policy to prioritize evaluation of those applications filed by stations that certify that they provide locally originated programming” in certain circumstances. FCC Chairwoman Rosenworcel has stated that this proposal will support local journalism, which she explained is “vital for our communities and our country.”Continue Reading FCC Seeks Comment on Proposal to Prioritize Locally Produced Media
Biden Administration Announces Rulemaking to Improve the Accessibility of Online Public Services for Americans with Disabilities
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
FCC Updates Rules to “Ensure that Video Conferencing is Accessible to All”
Last week, the Federal Communications Commission (“FCC”) released a Report and Order, Notice of Proposed Rulemaking, and Order that seeks “to ensure that video conferencing is accessible to all.” The action establishes that video conferencing services, including popular platforms used by millions of Americans every day for work, school, healthcare, and more, fall within the definition of “interoperable video conferencing service” set forth in the Twenty-First Century Communications and Video Accessibility Act of 2010 (“CVAA”). It also seeks comment on performance standards for interoperable video conferencing services and proposes to amend the FCC’s telecommunications relay services (“TRS”) rules to facilitate the use of video relay services (“VRS”) in video conferences. Finally, the FCC granted a partial waiver of the VRS privacy screen rule to allow VRS users participating in a video conference to turn off their cameras when not presenting. The item garnered unanimous support from the Commission.Continue Reading FCC Updates Rules to “Ensure that Video Conferencing is Accessible to All”
Biden Administration Weighs in on European Commission’s “Fair Share” Telecoms Consultation
On May 25, 2023, the National Telecommunications and Information Administration (NTIA) announced that, on behalf of the U.S. government, it filed responses to the European Commission’s public consultation on The Future of the Electronic Communications Sector and Its Infrastructure. The consultation explores the issue of how to best promote connectivity and ensure reliable broadband access throughout the EU, as well as the kinds of infrastructure and investments needed to support the evolving telecommunications landscape. Among other things, the consultation seeks feedback on whether content and application providers (also referred to as Over-The-Top (OTT) services in the U.S.) should make mandated “fair share” payments to telecom operators to subsidize current and future connectivity needs. NTIA’s filing comes amid an ongoing debate surrounding the future of the U.S. Universal Service Fund (USF) and whether and how to expand its contribution base.Continue Reading Biden Administration Weighs in on European Commission’s “Fair Share” Telecoms Consultation