If You Offer Internet Service, Your Speech is Now Highly Regulated by the FCC

By |2022-12-01T11:23:05-06:00December 1st, 2022|Legal News|

In an order released on November 17, 2022, the FCC dictates in detail the specific words that an Internet service provider must use when communicating with its customers.  The FCC has adopted new rules requiring specific information (referred to as the broadband consumer label) to be displayed at the point of sale when offering mass-market...… Continue Reading

This Week in Regulation for Broadcasters: September 10, 2022 to September 16, 2022

By |2022-09-18T10:29:45-05:00September 18th, 2022|Legal News|

Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations. The FCC released additional public notices in connection with the upcoming September 28 deadline for submission of annual regulatory fees.... Continue Reading…

FCC Repeals Radio Duplication Prohibitions

By |2020-08-10T15:17:00-05:00August 10th, 2020|Legal News|

On Thursday, August 6, the Federal Communications Commission (“FCC”) voted to repeal Section 73.3556 of its Rules and Regulations – a rule that formerly prohibited more than 25% duplication of programming by commonly owned radio stations in the same service (AM or FM) that have 50% or more overlap of their primary service contours. We...… Continue Reading

FCC Revises Cable TV Leased Access Rate Formula and Appears to Invite a First Amendment Challenge

By |2020-07-16T14:26:52-05:00July 16th, 2020|Legal News|

In an Order adopted today, the Federal Communications Commission (“FCC” or the “Commission”) revised the calculation of maximum permissible rates for cable TV commercial leased access by changing from a formula that sets a uniform rate for all cable tiers to a formula that will set a separate rate for each tier. The result may...… Continue Reading

Free Press vs. Broadcast Journalism: Truth in the Time of the Coronavirus

By |2020-04-24T15:09:44-05:00April 24th, 2020|Legal News|

The Federal Communications Commission’s (“FCC” or the “Commission”) recent rejection of a petition submitted by Free Press to demand FCC action with regard to broadcasters’ coverage of governmental statements about the COVID-19 epidemic has received a great deal of coverage. What may have escaped attention, however, is that, aside from some sharp wording, the decision...… Continue Reading

Court of Appeals Finds Maryland Law Imposing Political Disclosure Obligations on Online Platforms to be Unconstitutional – Finding Different Treatment of Broadcasters is Justified

By |2019-12-11T10:51:45-06:00December 11th, 2019|Legal News|

Late last week, the US Court of Appeals for the Fourth Circuit issued a decision in a case called Washington Post v. David J. McManus, upholding the ruling of the US District Court finding that the State of Maryland’s attempts to impose political advertising reporting obligations on online platforms to be an unconstitutional abridgment of these... Continue Reading…

FCC Makes Leased Access Rules More Cable Operator Friendly, Opens the Door to Eliminating Them

By |2019-07-08T09:41:35-05:00July 8th, 2019|Legal News|

On June 7, 2019, the Federal Communications Commission (“FCC” or the “Commission”) released a Report and Order (“R&O”) revising the Commission’s rules under which independent programmers may lease cable TV channels to retransmit their programming (“Leased Access Rules”).   Leased Access has rarely been used, due to concerns by both cable operators and programmers, and the...… Continue Reading

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