Federal Communications Commission

Earlier today, the FCC placed on public notice two petitions requesting that the agency clarify or forbear from enforcing certain aspects of its new TCPA regulations that went into effect on October 16, 2013.  Those regulations, which we summarized here, created, among other things, a new “prior express written consent” requirement for the transmission…
Continue Reading FCC Seeks Comment on Petitions to Forbear or Clarify New TCPA Rules

Recently, the FCC extended the time for interested parties to comment on certain closed captioning issues.  In a recent Further Notice of Proposed Rulemaking, the FCC announced that it is seeking comment on two issues related to its captioning rules: (1) possible synchronization requirements for devices covered by the FCC closed captioning rules and…
Continue Reading FCC Extends Commenting Period on Closed Captioning Issues

Under the Internet closed captioning requirements established by the Federal Communications Commission (FCC), after certain triggering deadlines, video programming shown on television with captions in the United States and distributed in full-length form over Internet Protocol (IP) must be provided with captions online.  Beginning on September 30, 2013, the IP closed captioning requirements will apply…
Continue Reading Deadline Nears for Online Captioning of Full-Length Programming Edited For Internet Distribution

Continuing its efforts to license spectrum for mobile broadband uses consistent with the Middle Class Tax Relief and Job Creation Act of 2012, the FCC announced that it will auction spectrum licenses to the H Block by January 14, 2014.  The H Block spectrum will be used for flexible-use services, including mobile broadband, and expand…
Continue Reading SpectrumWatch: Auction of H Block Spectrum Licenses

The Media Bureau of the Federal Communications Commission (FCC) is seeking comments by September 4 on issues related to video description, which is the transmission of a secondary audio track describing the visible action in video programming for the benefit of individuals who are blind or visually impaired.  Under FCC rules, local TV station affiliates of ABC, CBS, Fox, and NBC located in the top 25 TV markets and the top five non-broadcast networks must provide 50 hours per quarter of video-described prime time or children’s programming.  Some cable companies and broadcasters also must “pass through” the video description that they receive from others in certain circumstances.

The Public Notice does not propose any rule changes to the existing FCC rules but seeks comment on a number of issues:Continue Reading FCC Seeks Comment on Video Description

A joint statement released today by AT&T, the National Association of Broadcasters, and Verizon criticized the FCC for seeking comments on new proposals for reorganizing the spectrum currently used by television broadcasters, which the statement said would go against the “growing consensus” of the broadcast and wireless industries.
Continue Reading SpectrumWatch: FCC Draws Criticism on Band Plan Proposals

A seller who authorizes a third-party telemarketer to market the seller’s goods or services may be held vicariously liable if the telemarketer violates the Telephone Consumer Protection Act (TCPA), the Federal Communications Commission held in a May 9 declaratory ruling.

The FCC’s ruling interprets two subsections of the TCPA. The first subsection — 47 U.S.C. § 227(b) — includes several restrictions, including a general prohibition on making calls to landline or mobile telephones using a prerecorded message without  the recipient’s prior express consent. Section 227(b)(3) allows individuals or companies to bring private lawsuits “based on a violation of this subsection” or the FCC’s implementing regulations.

A separate portion of the TCPA — 47 U.S.C. § 227(c) — authorizes the FCC to set up a national Do Not Call registry, which the FCC did in coordination with the Federal Trade Commission several years ago. Section 227(c)(5) authorizes private lawsuits by individuals who receive “more than one telephone call within any 12-month period by or on behalf of the same entity” in violation of the Do Not Call rules.

Last week’s declaratory ruling came in response to questions referred to the FCC by two federal courts in two separate TCPA-based lawsuits.
Continue Reading FCC Confirms That Sellers Can Be Liable for Telemarketer TCPA Violations

In a Public Notice released yesterday, the Federal Communications Commission asked for comments on several possible plans for reorganizing the spectrum currently used by television broadcasters. Initial comments are due June 14, with reply comments due June 28.

Under a statute passed last year, broadcast television stations will be allowed to voluntarily participate in an auction of their spectrum to mobile broadband providers, after which the FCC will involuntarily repack remaining television stations into a smaller television spectrum band.
Continue Reading SpectrumWatch: FCC Considers Alternative Band Plans for Post-Incentive Auction Spectrum

Change is in the air at the Federal Communications Commission (FCC).  The agency’s chairman, Julius Genachowski, announced yesterday that he will be stepping down on Friday, May 17.  (He had announced his plans to leave the FCC in March, but the date of his departure has been uncertain since then.)  Until his successor is confirmed…
Continue Reading Leadership Changes at the Federal Communications Commission