SlideShare a Scribd company logo
1 of 11
Download to read offline
November 2, 2012           TechComm Industry Update
                                PATTON BOGGS LLP


Powered by
                                In this update:
Patton Boggs'
                                   • FCC Incentive Auction Proceeding Launched
TechComm Team
                                   • Broadcasters File Brief in Aereo Appeal
If you have any questions
                                   • FCC Opens Proceeding on Limits on Mobile Spectrum Holdings
about the foregoing or if you
require additional                 • T-Mobile and MetroPCS to Merge
information, please
contact:                           • Softbank to Acquire Sprint

                                   • FCC Proposes Reform of Rules and Policies on Foreign Carrier
Jennifer L. Richter                  Entry
202-457-5666
jrichter@pattonboggs.com           • U.S. Court of Appeals Upholds FCC Policy of Permitting Security
                                     Interests in License Sale Proceeds
Paul C. Besozzi
202-457-5292                       • FCC Seeks Comment on Seven TCPA Petitions
pbesozzi@pattonboggs.com           • Additional Comments Sought on the Video Service Relay Program

Monica S. Desai                    • Wireline Competition Bureau Conducting a Virtual Workshop on
202-457-7535                         Connect America Phase II Cost Model
mdesai@pattonboggs.com             • Proposed Amendment to the Electronic Communications Privacy
                                     Act
Michael E. Drobac
202-457-7557                       • FCC Creates Public Safety Answering Point (PSAP) Do-Not-Call
mdrobac@pattonboggs.com              Registry
                                   • FCC Adopts Wireless Communications Service (WCS) Technical
Ryan W. King                         Rule Settlement Proposal
202-457-5312
rking@pattonboggs.com              • All-Digital Cable Systems Allowed to Encrypt Basic TV Service

                                   • FTC Holds Robocall Summit
Carly T. Didden
202-457-6323                       • FCC Reminds ETCs That They Must Recertify Before Year End
cdidden@pattonboggs.com
                                   • Comments Sought on Lifeline Annual Recertification Rule

Jennifer A. Cetta                  • Liberty Media Seeks Consent to Acquire Control of Sirius XM
202-457-6546                         Radio
jcetta@pattonboggs.com
                                   • CTIA Releases Whitepaper on Cybersecurity

Melanie C. Goggins                 • FCC Approves E-Rate Eligible Services List for FY 2013
202-457-5649
mgoggins@pattonboggs.com           • Update on Mobility Fund Phase I Auction

                                   • Court Denies Stay in Viewability Appeal

                                   • Ban on Certain Exclusive Programming Contracts Expires; FCC
                                     Seeks Further Comments
                                   • FCC Seeks Comment on LightSquared Request for Relief

                                   • FirstNet Seeks Comment on Public Safety Broadband Network
• FCC Initiates Comprehensive Satellite Licensing and Operational
     Rule Review
    • FCC Announces Planned mHealth Task Force Report
     Implementation Steps
    • Internet Radio Fairness Act Introduced in House and Senate

    • Legislation Introduced to Prevent FCC Reforms to Rural Subsidy
     Formula


FCC Incentive Auction Proceeding Launched
On Friday, October 26, the FCC hosted a workshop for broadcasters to
learn more about the FCC’s recently released incentive auction Notice of
Proposed Rulemaking (NPRM). The workshop provided information
about issues raised in the NPRM, including proposed auction designs,
the mechanics of participation, and station eligibility. It also focused on
issues of interest to broadcasters that may choose not to participate,
including proposed band plans and possible approaches to repacking.
According to the NPRM, the incentive auction will consist of three major
components: (1) a reverse auction in which broadcast television
licensees may submit bids to voluntarily relinquish spectrum usage
rights in exchange for payments; (2) a reorganization or “repacking” of
the broadcast television bands in order to free up a portion of the UHF
band for wireless use; and (3) a forward auction of initial licenses for
flexible use of the newly available spectrum. The FCC seeks public
comment on the NPRM. The Chairman seeks to issue a final order in
2013, and hold the auction in 2014. Comments are due December 21,
2012, and Reply Comments are due February 19, 2013. For a copy of
the NPRM click here.


Broadcasters File Brief in Aereo Appeal
A group of associations representing broadcasters filed an Amicus Brief
supporting an appeal before the U.S. Court of Appeals for the Second
Circuit. Appellants asked the Second Circuit to overturn a district court
decision not to issue a preliminary injunction that would have prevented
Aereo from retransmitting the Appellant’s broadcast program over the
Aereo network while the program is in progress. Aereo has developed a
technology that records broadcast television signals using a network of
small antennas and then sells a service to consumers that can receive
these recorded broadcast signals over the Internet. Aereo does not
have the broadcasters’ consent and does not pay any royalty fee to
compensate the broadcasters for retransmitting their signal over the
Internet.
Broadcasters argued that Aereo’s retransmission of broadcasters’ signal
“irreparably harms broadcasters by undermining their two most
important sources of revenue: advertising and retransmission consent
fees,” as well as “undermines contractual arrangements by which
broadcasters negotiate and pay to be the ‘first run’ outlet for many
popular programs and otherwise threatens the sustainability of
broadcasters’ investment in high-quality local and national
programming.” They urged the court to conclude that Aereo has violated
copyright laws by publically performing the broadcast content without
permission.
FCC Opens Proceeding on Limits on Mobile Spectrum Holdings
The FCC released an NRPM seeking comment on how much wireless
spectrum a single company can hold. The agency asks interested
parties whether it should apply a case-by-case analysis to transactions
and auctions or whether to adopt a different approach, such as creating
a bright line “spectrum cap.” The FCC further seeks comment on which
spectrum bands should be included in these evaluations and other
implementation issues. Comments are due by November 23, 2012 and
reply comments are due by December 24, 2012.



T-Mobile and MetroPCS to Merge
Deutsche Telekom and MetroPCS Communications have reached an
agreement to combine T-Mobile USA and MetroPCS. The resulting
company will retain the T-Mobile name, but will operate T-Mobile and
MetroPCS as separate customer units. According to the press release:
“This transaction will create the leading value carrier in the U.S. wireless
marketplace, which will deliver an enhanced customer experience
through a wider selection of affordable products and services, deeper
network coverage and a clear-cut technology path to one common LTE
network.” The transaction is expected to close in the first half of 2013,
subject to approval by MetroPCS shareholders, regulatory approvals,
and other customary closing conditions. Petitions to Deny the request for
FCC approval of the transaction are due by November 26, 2012.
Oppositions are due by December 6, 2012 and replies are due by
December 17, 2012.




Softbank to Acquire Sprint
SoftBank, a Japanese carrier, has reached a deal with Sprint to acquire
approximately 70 percent of the U.S. wireless carrier. As part of the
deal, $12.1 billion will be distributed to existing Sprint stockholders and
$8.0 billion will be invested in Sprint to strengthen its balance sheet.
The companies expect the deal to close in mid-2013, subject to approval
by Sprint stockholders, regulatory approvals, and the satisfaction or
waiver of other closing conditions.




FCC Proposes Reform of Rules and Policies on Foreign Carrier
Entry
The FCC adopted an NPRM to change the criteria under which it
considers applications by foreign telecommunications carriers or their
affiliates that seek entry into the U.S. market for international
telecommunications services. The proposal would eliminate, or in the
alternative, simplify the effective competitive opportunities (ECO) test
that applies to FCC review of Section 214 applications to serve the U.S.
market. Developments since 1995, including the decision to replace the
ECO test for applicants from World Trade Organization (WTO) Member
countries, justify considering whether there is a reason to apply all of the
ECO test requirements absent complaints or evidence of anti-
competitive conduct on routes between the U.S. and countries that are
not WTO members. The FCC will re-examine the current ECO test
requirements as it applies to Commission review of Section 214
applications, cable landing license applications and foreign carrier
affiliation notifications. Comments and reply comments are due 30 days
and 50 days, respectively, after publication of the NPRM in the Federal
Register.



U.S. Court of Appeals Upholds FCC Policy of Permitting Security
Interests in License Sale Proceeds
Since lenders cannot take a security interest in an FCC license because
it would be possible for the lender to acquire the license without FCC
consent, the common practice is to take a security interest in the
proceeds of the sale of an FCC license. In the Tracy Broadcasting
Corporation bankruptcy proceeding, a District Court based on its reading
of the Bankruptcy Code concluded that a security interest in the
proceeds of the sale of a broadcast station license that was not entered
into until after the licensee declared bankruptcy was not enforceable.
The U.S. Court of Appeals overturned the District Court and stated that
the lender’s security interest was in the economic value of the license,
including the proceeds of the sale of the license. It concluded that those
rights vested before the licensee filed for bankruptcy and could not be
discharged.




FCC Seeks Comment on Seven TCPA Petitions
The FCC seeks comment on several requests for clarification or
declaratory ruling regarding the application of the Telephone Consumer
Protection Act to autodialed and prerecorded message calls, text
messages, or faxes. For example, questions are raised about whether
predictive dialers that are not used for telemarketing purposes and do
not have the current ability to generate and dial random or sequential
numbers are “automatic telephone dialing systems,” and whether the
TCPA applies to users of Internet-to-phone text messaging technology
and similar technologies involving the storage and automatic dialing of
wireless telephone numbers. Comments on three of the petitions are
due by November 15, 2012 (with reply comments due by November 30),
and comments on the remainder of the petitions are due November 23,
2012 (with reply comments due by December 10, 2012).



Additional Comments Sought on the Video Service Relay Program
The FCC seeks further comment on proposals to reform the structure of
the video relay services (VRS) program and on proposed compensation
rates. CSDVRS, LLC (a VRS provider) proposed that VRS access
technologies be migrated to a standard, software based VRS access
technology that could be used on commonly available off-the-shelf
hardware. CSDVRS also proposed changes to industry structure that
would in effect “separate the video communication service component of


VRS from the ASL relay CA service component by providing the
functions of the former from an enhanced database.” The FCC further
seeks comment on the Fund Administrator’s proposed rate structure,
proposed rates and cost calculations. Comments are due by November
14, 2012, and reply comments are due by November 29, 2012.



Wireline Competition Bureau Conducting a Virtual Workshop on
Connect America Phase II Cost Model
The FCC’s Wireline Competition Bureau has commenced a virtual
workshop to inform the development and adoption of a forward-looking
cost model through which the agency will provide Connect America
Phase II universal support. Participants may share information and
ideas with Bureau staff in near real-time by posting comments through
various subject-matter-specific online discussion forums that are hosted
on the FCC’s website (which is available here). Posts also will be
placed in the relevant FCC dockets. Comments must be posted by
November 19, 2012.



Proposed Amendment to the Electronic Communications Privacy
Act
The Senate Judiciary Committee adopted an amendment from
Chairman Patrick Leahy (D-VT) to the Electronic Communications
Privacy Act (ECPA). The 1986 law sets forth standards governing law
enforcement access to electronic communications. Chairman Leahy’s
amendment would require that, except for emergencies, the federal
government must obtain a probable cause warrant in order to obtain e-
mail, texts, or other electronic communications, including documents
stored “in the cloud.” The amendment would help bring Fourth
Amendment safeguards into the digital age. Under current law, the
government can often access individuals’ e-mails and documents stored
“in the cloud” by issuing a subpoena to the Internet service provider.
Leahy’s measure also would amend the Video Privacy Protection Act
(VPPA) to allow companies to obtain one-time consent from a customer
to share user viewing histories on an ongoing basis and that consent
may be secured via the Internet. This disclosure provision would allow
companies to link users and products. Currently, users of social
networking services must take an affirmative action, such as liking or
sharing on Facebook, in order to associate themselves with a product.
The VPPA portion of the bill is a variation of what was previously passed
by the House of Representatives. Although the amendment was
adopted as a substitute, it was not reported out of committee. The
Judiciary Committee is expected to mark up the bill during the lame-duck
session in November.




FCC Creates Public Safety Answering Point (PSAP) Do-Not-Call
Registry
The FCC voted to create a do-not-call registry of PSAP telephone
numbers and prohibit an operator of automatic dialing or robocall
equipment from calling or texting a telephone number on this list, other
than for emergency purposes. The agency staff is working through the
operational details of the registry and will release a Public Notice when
that process is complete. The effective date of these changes has yet to
be determined, but it will be no sooner than six months after the release
of that Public Notice.



FCC Adopts Wireless Communications Service (WCS) Technical
Rule Settlement Proposal
In order to resolve challenges to the FCC’s WCS technical rules that
were adopted in 2010, a recent FCC order adopted the joint technical
proposal of AT&T and SiriusXM and made other rule changes. 20 MHz
of the available 30 MHz WCS spectrum is now available for mobile
broadband services. The remaining 10 MHz is available for fixed
broadband services and will act as an interference buffer between
mobile WCS operations and the adjacent spectrum used for SDARS.
The technical rule changes will facilitate the deployment and co-
existence of WCS and SDARS operations, provide a mechanism for
resolving harmful interference on roadways, clarify when notice and
coordination of WCS operations is required, and extend the WCS
construction deadlines.



All-Digital Cable Systems Allowed to Encrypt Basic TV Service
The FCC has lifted the restriction on encrypting the basic service tier on
all-digital cable television systems. According to the agency, this
change will allow operators to enable and disable service remotely,
reduce theft of cable service, and provide regulatory parity between
cable operators and satellite providers. Cable operators that choose to
encrypt basic service must comply with consumer protection measures,
including providing notice and offering free set-top boxes or
CableCARDs to certain subscribers for a limited time. In addition,
Comcast, Time Warner Cable, Cox, Charter, Cablevision, and Bright
House have committed to a process that will provide basic service tier
access to certain third party devices that would other otherwise be
useless once the basic service tier is encrypted.




FTC Holds Robocall Summit
On Thursday, October 18, 2012, the Federal Trade Commission (FTC)
hosted a summit on stopping illegal robocalls. Industry and government
leaders discussed at length the state of the industry, the current legal
landscape, and technical issues such as caller-ID spoofing, data mining,
and call-blocking technology.




The summit culminated with the announcement of the FTC Robocall
Challenge – a contest for the best new solution to block illegal robocalls
on landlines and mobile phones. Individuals, groups, and organizations
are encouraged to submit new proposed technical solutions or functional
solutions and proofs of concept to the agency by January 17, 2013.
Proposals will be judged on whether they work, are they easy to use,
and what it will take to roll them out. Individuals, teams or small
organizations with fewer than 10 people are eligible to win a $50,000
prize. Organizations with more than 10 employees are also encouraged
to participate, but are not eligible for the cash prize. The FTC plans to
announce the results in April 2013.



FCC Reminds ETCs That They Must Recertify Before Year End
The FCC recently reminded Eligible Telecommunications Carriers
(ETCs) and state agencies that they must re-certify the eligibility of the
base of their subscribers as of June 1, 2012 and must complete the re-
certification process by December 31, 2012. Each ETC must report the
results of its re-certification process to the FCC and the Universal
Service Administrative Company (USAC) by January 31, 2013. Where
state agencies perform re-certification, the agencies must provide notice
to each ETC so that the ETC can initiate all de-enrollments by
December 31, 2012 and file its annual recertification report by January
31, 2013. The FCC also provided guidance on compliance with the one-
per-household rule, and how states can opt-out of the National Lifeline
Accountability Database.



Comments Sought on Lifeline Annual Recertification Rule
The FCC seeks comment on whether carriers that receive Lifeline
universal support must recertify the eligibility of their Lifeline subscribers
once per calendar year or every twelve months. The issue was raised in
a Petition for Clarification filed by General Communication, Inc. (GCI), in
which the company argued that the “annual” recertification requirement
in FCC Rule 54.410(f) should be interpreted as requiring recertification
once per calendar year. GCI also claimed that interpreting the provision
as requiring recertification every 12 months imposes unnecessary and
unjustified costs without any corresponding public benefit. Comments
are due by November 23, 2012, and reply comments are due by
December 10, 2012.



Liberty Media Seeks Consent to Acquire Control of Sirius XM Radio
Liberty Media has filed applications with the FCC for regulatory approval
for the company to take control of Sirius XM Radio. Through various
stock purchases and the conversion of its preferred stock, and upon
approval of the transaction by the FCC, Liberty Media will own more
than 50 percent of Sirius’ common stock. Petitions to Deny were due by
November 1, 2012, oppositions are due November 13, 2012, and replies
are due by November 20, 2012.




CTIA Releases Whitepaper on Cybersecurity
CTIA-The Wireless Association® released a white paper on
cybersecurity in which the association stressed the need for sharing of
“cyberthreat information among industry players and between industry
and government.” More broadly, the paper provides: (1) a brief overview
of the cybersecurity landscape of the mobile communications industry;
(2) the extent of its interdependence in responding to an environment of
rapidly changing threats, (3) a summary of the many cybersecurity
features and solutions at work today, and (4) a sampling of the many
advanced protections available for device users. The white paper is
available here.




FCC Approves E-Rate Eligible Services List for FY 2013
The FCC released the approved E-Rate eligible services list (ESL) for
funding year (FY) 2013, which will start July 1, 2013, and indicated that
the window for filing FY 2013 applications for E-Rate support should
open no earlier than November 26, 2012. The FCC did not make major
modifications to the ESL, but it did consolidate all Priority One services
into a single list to reduce regulatory and administrative burdens on
applicants. Thus applicants are no longer expected to separate service
requests into telecommunications services, telecommunications or
Internet services. In approving the ESL, the FCC did not take action on
the issue of bundling of ineligible equipment with eligible services.



Update on Mobility Fund Phase I Auction
The FCC announced the results of the Mobility Fund Phase I auction in
which nearly $300 million in funding will be distributed to help close gaps
in mobile coverage in the U.S. The funding will cover deployment of 3G
and 4G service in 31 states. Winning bidders, which include T-Mobile
and U.S. Cellular, must complete their projects within three years and
allow other carriers to roam on their networks. Each winning bidder
must submit a completed long-form application by November 5, 2012.



Court Denies Stay in Viewability Appeal
The U.S. Court of Appeals for the D.C. Circuit denied a request to stay
the FCC’s Viewability Order pending judicial review, stating that the
petitioners did not meet the stringent requirements for issuing a stay.
The Order allows the FCC’s “viewability” rules to sunset – these rules
require cable systems that offer both analog and digital service to carry
digital must-carry signals in analog format. Must-carry broadcasters
argued that they will lose viewership and audience share if the Order
takes effect, and that declining viewership will cause them to lose
advertising revenue. Broadcasters further claimed that absent a stay
they will have to eliminate or reduce programming, which will
disproportionately harm low income and minority viewers.




Ban on Certain Exclusive Programming Contracts Expires; FCC
Seeks Further Comments
The FCC did not extend its general ban on cable operators entering into
exclusive contracts with cable-affiliated programming vendors that
deliver programming via satellite. Instead, the FCC will generally review
these agreements on a case-by-case basis, except that the agency
created a rebuttable presumption that an exclusive contract involving a
satellite-delivered, cable-affiliated Regional Sports Network (RSN) has
the “purpose and effect” of “significantly hindering or preventing” a
complainant from providing satellite-delivered programming. The FCC
also sought comment on related program access issues, including
whether to establish a number of additional rebuttable presumptions.
Comments are due by November 30, 2012 and reply comments are due
by December 17, 2012.




FCC Seeks Comment on LightSquared Request for Relief
The FCC seeks comment on a request from LightSquared that the
agency declare that build-out requirements adopted in a prior order do
not apply until the status of LightSquared’s authorizations have been
resolved. These conditions include that LightSquared provide terrestrial
mobile broadband coverage to at least 100 million people by the end of
this year. The FCC proposed in February 2012 to either suspend
indefinitely or revoke all of LightSquared’s Ancillary Terrestrial
Component (ATC) authorizations, but the proposal is still pending before
the Commission. Petitions to Deny and other comments on
LightSquared’s request are due by November 9, 2012. Oppositions are
due by November 19, 2012, and replies are due by November 28, 2012.


FirstNet Seeks Comment on Public Safety Broadband Network
The National Telecommunications & Information Administration (NTIA)
released a Notice of Inquiry on behalf of the First Responder Network
Authority (FirstNet) seeking public comment on a network architecture
presentation made at the September 25 FirstNet Board meeting.
Comment also is sought on network design, business plan
considerations and applications for public safety. The presentation
made by FirstNet Board member Craig Farrill outlined a possible
framework for designing the public safety network architecture in a
manner that leverages existing resources and infrastructure as
contemplated by the Middle Class Tax Relief and Job Creation Act. The
presentation explores three options, but appears to favor creating a
diverse nationwide network with multiple wireless networks and systems.
Comments were due November 1, 2012.




FCC Initiates Comprehensive Satellite Licensing and Operational
Rule Review
For the first time since 1996, the FCC is undertaking a comprehensive
review of its satellite licensing and operational rules. The rule review will
eliminate unnecessary rules, update the rules to reflect technological
advances, and streamline the licensing process.
The proposed rule changes include:

    •   A change in the regulatory approach for licensing from “tell us
        how you built it” to “tell us how you avoid interference with your
        neighbors”;
•   Elimination of unnecessary filing requirements;

    •   Expansion of the number of earth station applications that are
        eligible for routine and streamlined processing;

    •   Revising the information collected on space and earth station
        applications to reflect evolving technology;

    •   Providing additional methodologies for use by earth station
        applicants to verify antenna performance;

    •   Reinforcing emergency contact reporting requirements,
        consolidating annual reporting requirements, and removing
        unnecessary reporting rules; and

    •   Simplifying and clarifying space station milestone requirements.
Comments and reply comments are due 45 days and 75 days,
respectfully, after publication of the NPRM in the Federal Register.


FCC Announces Planned mHealth Task Force Report
Implementation Steps
The FCC announced plans to act on recommendations from a mHealth
Task Force Report. The independent Task Force released its
recommendations to the FCC, other federal agencies and to industry,
with the goal of making mHealth a routine medical best practice by 2017.
Among the specific actions that FCC Chairman Genachowski committed
to taking include renewing the search for a permanent FCC Health Care
Director. He also indicated that the FCC would consider an Order to
comprehensively reform and modernize the Rural Health Care Program
and an Order to streamline the FCC’s experimental licensing rules to
promote and encourage the creation of wireless health device “test
beds.” The Commission will also develop and execute a health care
stakeholder outreach plan to promote greater collaboration between the
FCC and the health care sector.


Internet Radio Fairness Act Introduced in House and Senate


Congressmen Jason Chaffetz (R-UT) and Jared Polis (D-OR) and
Senator Ron Wyden (D-OR) introduced the Internet Radio Fairness Act
(HR 6480; S. 3609) in the House and Senate. The bill seeks to apply


the same method for establishing royalty rates for Internet radio as is
currently applied to cable and satellite radio. According to Senator
Wyden, the current method used to set royalty rates for Internet Radio
has “led to webcasters paying five times the amount of royalty rates – as
a percentage of revenue – as other digital music broadcasters like
satellite and cable.”




Legislation Introduced to Prevent FCC Reforms to Rural Subsidy
Formula


Representative Jeffrey Landry (R-LA) introduced legislation, the Restore
Effective Statistics to the Calculation of USF Expenditures Act of 2012
(RESCUE Act), to prevent the FCC from decreasing payments to rural
telecommunications companies. Specifically, the bill seeks to end the
                                       FCC’s use of statistical caps in determining universal service support as
                                       part of the FCC’s 750-page order reforming the Universal Service Fund
                                       (USF). The RESCUE Act would also mandate that an alternative
                                       methodology for funding be created within 120 days. Though the bill has
                                       support from the National Telecommunications Cooperative Association,
                                       it currently has no cosponsors. It is unlikely Rep. Landry’s bill will
                                       receive consideration this year. However, the FCC’s order to reform the
                                       USF is being challenged in court by 29 petitioners and is expected to be
                                       heard in the coming months.

                                                                           *************

                                       If you have questions regarding any of the items discussed above, or if
                                       you are interested in filing comments or receiving copies of filed
                                       comments in any of the FCC proceedings mentioned, please contact the
                                       Patton Boggs TechComm practice group. More information about our
                                       team can be found at www.pattonboggstechcomm.com.




This information is not intended to constitute, and is not a substitute for, legal or other advice. You should consult
appropriate counsel or other advisers, taking into account your relevant circumstances and issues. While not intended, this
Update may in part be construed as an advertisement under developing laws and rules.

                                            www.pattonboggstechcomm.com

More Related Content

What's hot

Tprc2007
Tprc2007Tprc2007
Tprc2007rmf5
 
Cable Television Update 2015 – A Look at Federal Regulatory Developments
Cable Television Update 2015 – A Look at Federal Regulatory DevelopmentsCable Television Update 2015 – A Look at Federal Regulatory Developments
Cable Television Update 2015 – A Look at Federal Regulatory DevelopmentsMoss & Barnett
 
FCC Proposes New Rules On Local Wireless Siting
FCC Proposes New Rules On Local Wireless SitingFCC Proposes New Rules On Local Wireless Siting
FCC Proposes New Rules On Local Wireless SitingBest Best and Krieger LLP
 
01 27 11 telecom law
01 27 11 telecom law01 27 11 telecom law
01 27 11 telecom lawLisa Borodkin
 
Crsm 8 2009 John Chapin Mit Cognitive Use Of Tv White Space
Crsm 8 2009   John Chapin Mit   Cognitive Use Of Tv White SpaceCrsm 8 2009   John Chapin Mit   Cognitive Use Of Tv White Space
Crsm 8 2009 John Chapin Mit Cognitive Use Of Tv White Spaceimec.archive
 
Cell Tower Issues: New Rulemaking and New Issues
Cell Tower Issues: New Rulemaking and New IssuesCell Tower Issues: New Rulemaking and New Issues
Cell Tower Issues: New Rulemaking and New IssuesBest Best and Krieger LLP
 
Accelerating 4G LTE Buildout: Local Land Use Approval Issues
Accelerating 4G LTE Buildout: Local Land Use Approval IssuesAccelerating 4G LTE Buildout: Local Land Use Approval Issues
Accelerating 4G LTE Buildout: Local Land Use Approval IssuesBest Best and Krieger LLP
 
Maximizing the Return on Your Cell Lease/Licenses
Maximizing the Return on Your Cell Lease/LicensesMaximizing the Return on Your Cell Lease/Licenses
Maximizing the Return on Your Cell Lease/LicensesBest Best and Krieger LLP
 
Local Government Revenues in a Broadband World: Rights-of-Way Compensation
Local Government Revenues in a Broadband World: Rights-of-Way CompensationLocal Government Revenues in a Broadband World: Rights-of-Way Compensation
Local Government Revenues in a Broadband World: Rights-of-Way CompensationBest Best and Krieger LLP
 
Wireless in the Rights of Way and on Public Property
Wireless in the Rights of Way and on Public PropertyWireless in the Rights of Way and on Public Property
Wireless in the Rights of Way and on Public PropertyBest Best and Krieger LLP
 
Broadcast Regulation
Broadcast RegulationBroadcast Regulation
Broadcast RegulationMiriam Smith
 
Wireless Siting: The Issue that Won't Go Away and Grows in Complexity
Wireless Siting: The Issue that Won't Go Away and Grows in ComplexityWireless Siting: The Issue that Won't Go Away and Grows in Complexity
Wireless Siting: The Issue that Won't Go Away and Grows in ComplexityBest Best and Krieger LLP
 
2017-01-12 Release - Straight Path CD- Draft_4 clean
2017-01-12 Release - Straight Path CD- Draft_4 clean2017-01-12 Release - Straight Path CD- Draft_4 clean
2017-01-12 Release - Straight Path CD- Draft_4 cleanAndrew Kline
 
Jim Baller: Seven Important Next Steps for Gigabit Communities (Gigabit City ...
Jim Baller: Seven Important Next Steps for Gigabit Communities (Gigabit City ...Jim Baller: Seven Important Next Steps for Gigabit Communities (Gigabit City ...
Jim Baller: Seven Important Next Steps for Gigabit Communities (Gigabit City ...KC Digital Drive
 

What's hot (20)

Tprc2007
Tprc2007Tprc2007
Tprc2007
 
Cable Television Update 2015 – A Look at Federal Regulatory Developments
Cable Television Update 2015 – A Look at Federal Regulatory DevelopmentsCable Television Update 2015 – A Look at Federal Regulatory Developments
Cable Television Update 2015 – A Look at Federal Regulatory Developments
 
FCC Proposes New Rules On Local Wireless Siting
FCC Proposes New Rules On Local Wireless SitingFCC Proposes New Rules On Local Wireless Siting
FCC Proposes New Rules On Local Wireless Siting
 
01 27 11 telecom law
01 27 11 telecom law01 27 11 telecom law
01 27 11 telecom law
 
Crsm 8 2009 John Chapin Mit Cognitive Use Of Tv White Space
Crsm 8 2009   John Chapin Mit   Cognitive Use Of Tv White SpaceCrsm 8 2009   John Chapin Mit   Cognitive Use Of Tv White Space
Crsm 8 2009 John Chapin Mit Cognitive Use Of Tv White Space
 
Cell Tower Issues: New Rulemaking and New Issues
Cell Tower Issues: New Rulemaking and New IssuesCell Tower Issues: New Rulemaking and New Issues
Cell Tower Issues: New Rulemaking and New Issues
 
Accelerating 4G LTE Buildout: Local Land Use Approval Issues
Accelerating 4G LTE Buildout: Local Land Use Approval IssuesAccelerating 4G LTE Buildout: Local Land Use Approval Issues
Accelerating 4G LTE Buildout: Local Land Use Approval Issues
 
Regulatory Update
Regulatory UpdateRegulatory Update
Regulatory Update
 
Update on Wireless Facilities Siting Issues
Update on Wireless Facilities Siting IssuesUpdate on Wireless Facilities Siting Issues
Update on Wireless Facilities Siting Issues
 
Maximizing the Return on Your Cell Lease/Licenses
Maximizing the Return on Your Cell Lease/LicensesMaximizing the Return on Your Cell Lease/Licenses
Maximizing the Return on Your Cell Lease/Licenses
 
Local Government Revenues in a Broadband World: Rights-of-Way Compensation
Local Government Revenues in a Broadband World: Rights-of-Way CompensationLocal Government Revenues in a Broadband World: Rights-of-Way Compensation
Local Government Revenues in a Broadband World: Rights-of-Way Compensation
 
Wireless in the Rights of Way and on Public Property
Wireless in the Rights of Way and on Public PropertyWireless in the Rights of Way and on Public Property
Wireless in the Rights of Way and on Public Property
 
Broadcast Regulation
Broadcast RegulationBroadcast Regulation
Broadcast Regulation
 
FCC Wireless Rulemaking - 2013
FCC Wireless Rulemaking - 2013FCC Wireless Rulemaking - 2013
FCC Wireless Rulemaking - 2013
 
Wireless Siting: The Issue that Won't Go Away and Grows in Complexity
Wireless Siting: The Issue that Won't Go Away and Grows in ComplexityWireless Siting: The Issue that Won't Go Away and Grows in Complexity
Wireless Siting: The Issue that Won't Go Away and Grows in Complexity
 
2017-01-12 Release - Straight Path CD- Draft_4 clean
2017-01-12 Release - Straight Path CD- Draft_4 clean2017-01-12 Release - Straight Path CD- Draft_4 clean
2017-01-12 Release - Straight Path CD- Draft_4 clean
 
Public Safety and Wireless Deployment
Public Safety and Wireless DeploymentPublic Safety and Wireless Deployment
Public Safety and Wireless Deployment
 
Jim Baller: Seven Important Next Steps for Gigabit Communities (Gigabit City ...
Jim Baller: Seven Important Next Steps for Gigabit Communities (Gigabit City ...Jim Baller: Seven Important Next Steps for Gigabit Communities (Gigabit City ...
Jim Baller: Seven Important Next Steps for Gigabit Communities (Gigabit City ...
 
Developments in Wireless
Developments in WirelessDevelopments in Wireless
Developments in Wireless
 
Ra 7925
Ra 7925Ra 7925
Ra 7925
 

Viewers also liked

Government Contractors Now Subject to Cybersecurity Regulations – And More ar...
Government Contractors Now Subject to Cybersecurity Regulations – And More ar...Government Contractors Now Subject to Cybersecurity Regulations – And More ar...
Government Contractors Now Subject to Cybersecurity Regulations – And More ar...Patton Boggs LLP
 
Bankruptcy Alert: The Second Circuit Condemns Chapter 11 Plan “Gifting”
Bankruptcy Alert: The Second Circuit Condemns Chapter 11 Plan “Gifting”Bankruptcy Alert: The Second Circuit Condemns Chapter 11 Plan “Gifting”
Bankruptcy Alert: The Second Circuit Condemns Chapter 11 Plan “Gifting”Patton Boggs LLP
 
Capital Thinking Update Special Edition - The Budget Control Act of 2011
Capital Thinking Update Special Edition - The Budget Control Act of 2011Capital Thinking Update Special Edition - The Budget Control Act of 2011
Capital Thinking Update Special Edition - The Budget Control Act of 2011Patton Boggs LLP
 
C:\fakepath\desarrollo del proyecto de aula
C:\fakepath\desarrollo del proyecto de aulaC:\fakepath\desarrollo del proyecto de aula
C:\fakepath\desarrollo del proyecto de aulaMaría Belén
 
Criminal Antitrust Update - June 2011
Criminal Antitrust Update - June 2011 Criminal Antitrust Update - June 2011
Criminal Antitrust Update - June 2011 Patton Boggs LLP
 
TechComm Federal Grant Compliance Alert: Are you a Subrecipient or Vendor? Un...
TechComm Federal Grant Compliance Alert: Are you a Subrecipient or Vendor? Un...TechComm Federal Grant Compliance Alert: Are you a Subrecipient or Vendor? Un...
TechComm Federal Grant Compliance Alert: Are you a Subrecipient or Vendor? Un...Patton Boggs LLP
 
Busn3025 Seminar 1 Introduction To Ihr Ma
Busn3025 Seminar 1 Introduction To Ihr MaBusn3025 Seminar 1 Introduction To Ihr Ma
Busn3025 Seminar 1 Introduction To Ihr Mamayank2012
 
Theories Of International Trade
Theories Of International TradeTheories Of International Trade
Theories Of International Trademayank2012
 

Viewers also liked (9)

Government Contractors Now Subject to Cybersecurity Regulations – And More ar...
Government Contractors Now Subject to Cybersecurity Regulations – And More ar...Government Contractors Now Subject to Cybersecurity Regulations – And More ar...
Government Contractors Now Subject to Cybersecurity Regulations – And More ar...
 
Bankruptcy Alert: The Second Circuit Condemns Chapter 11 Plan “Gifting”
Bankruptcy Alert: The Second Circuit Condemns Chapter 11 Plan “Gifting”Bankruptcy Alert: The Second Circuit Condemns Chapter 11 Plan “Gifting”
Bankruptcy Alert: The Second Circuit Condemns Chapter 11 Plan “Gifting”
 
Capital Thinking Update Special Edition - The Budget Control Act of 2011
Capital Thinking Update Special Edition - The Budget Control Act of 2011Capital Thinking Update Special Edition - The Budget Control Act of 2011
Capital Thinking Update Special Edition - The Budget Control Act of 2011
 
C:\fakepath\desarrollo del proyecto de aula
C:\fakepath\desarrollo del proyecto de aulaC:\fakepath\desarrollo del proyecto de aula
C:\fakepath\desarrollo del proyecto de aula
 
Criminal Antitrust Update - June 2011
Criminal Antitrust Update - June 2011 Criminal Antitrust Update - June 2011
Criminal Antitrust Update - June 2011
 
TechComm Federal Grant Compliance Alert: Are you a Subrecipient or Vendor? Un...
TechComm Federal Grant Compliance Alert: Are you a Subrecipient or Vendor? Un...TechComm Federal Grant Compliance Alert: Are you a Subrecipient or Vendor? Un...
TechComm Federal Grant Compliance Alert: Are you a Subrecipient or Vendor? Un...
 
Busn3025 Seminar 1 Introduction To Ihr Ma
Busn3025 Seminar 1 Introduction To Ihr MaBusn3025 Seminar 1 Introduction To Ihr Ma
Busn3025 Seminar 1 Introduction To Ihr Ma
 
Theories Of International Trade
Theories Of International TradeTheories Of International Trade
Theories Of International Trade
 
Evangelismo Quatro Leis
Evangelismo Quatro LeisEvangelismo Quatro Leis
Evangelismo Quatro Leis
 

Similar to TechComm Industry Update ~ November 2, 2012

TechComm Industry Update - July 20, 2012
TechComm Industry Update - July 20, 2012TechComm Industry Update - July 20, 2012
TechComm Industry Update - July 20, 2012Patton Boggs LLP
 
TechComm Industry Update - August 17, 2012
TechComm Industry Update - August 17, 2012TechComm Industry Update - August 17, 2012
TechComm Industry Update - August 17, 2012Patton Boggs LLP
 
Mega-Mergers and Impacts on Local Government
Mega-Mergers and Impacts on Local GovernmentMega-Mergers and Impacts on Local Government
Mega-Mergers and Impacts on Local GovernmentBest Best and Krieger LLP
 
Protecting PEG for the Next 15 Years
Protecting PEG for the Next 15 YearsProtecting PEG for the Next 15 Years
Protecting PEG for the Next 15 YearsMoss & Barnett
 
Network Neutrality and Quality of Experience
Network Neutrality and Quality of ExperienceNetwork Neutrality and Quality of Experience
Network Neutrality and Quality of ExperienceToshiya Jitsuzumi
 
Hold The Phone: Assessing the Rights of Wireless Handset Owners and the Netwo...
Hold The Phone: Assessing the Rights of Wireless Handset Owners and the Netwo...Hold The Phone: Assessing the Rights of Wireless Handset Owners and the Netwo...
Hold The Phone: Assessing the Rights of Wireless Handset Owners and the Netwo...rmf5
 
Boston conference slides final
Boston conference slides finalBoston conference slides final
Boston conference slides finalSharpe_Smith
 
FCC Law Blog Post January 2011
FCC Law Blog Post   January 2011FCC Law Blog Post   January 2011
FCC Law Blog Post January 2011celiacohen
 
Boston conference slides final
Boston conference slides finalBoston conference slides final
Boston conference slides finalSharpe_Smith
 
King County ERP 1999 Finalrep
King County ERP 1999 FinalrepKing County ERP 1999 Finalrep
King County ERP 1999 FinalrepErnie Ting
 
Richard Whitt - Presentation at Emerging Communications Conference & Awards (...
Richard Whitt - Presentation at Emerging Communications Conference & Awards (...Richard Whitt - Presentation at Emerging Communications Conference & Awards (...
Richard Whitt - Presentation at Emerging Communications Conference & Awards (...eCommConf
 
Contact Center Compliance April 11 2012 FCC Webinar
Contact Center Compliance April 11 2012 FCC WebinarContact Center Compliance April 11 2012 FCC Webinar
Contact Center Compliance April 11 2012 FCC WebinarRyan Thurman
 
FirstNet: Recent Developments and Current Uncertainties for Local Governments
FirstNet: Recent Developments and Current Uncertainties for Local GovernmentsFirstNet: Recent Developments and Current Uncertainties for Local Governments
FirstNet: Recent Developments and Current Uncertainties for Local GovernmentsBest Best and Krieger LLP
 
DWS17 - Reshuffling the digital deck - Plenary session - Charles MATHIAS - Fe...
DWS17 - Reshuffling the digital deck - Plenary session - Charles MATHIAS - Fe...DWS17 - Reshuffling the digital deck - Plenary session - Charles MATHIAS - Fe...
DWS17 - Reshuffling the digital deck - Plenary session - Charles MATHIAS - Fe...IDATE DigiWorld
 
Telecom_Update_CAndreu.ppt
Telecom_Update_CAndreu.pptTelecom_Update_CAndreu.ppt
Telecom_Update_CAndreu.pptssuser63edc71
 
Petition to Deny S_CLWR_Taran to FCC_011913
Petition to Deny S_CLWR_Taran to FCC_011913Petition to Deny S_CLWR_Taran to FCC_011913
Petition to Deny S_CLWR_Taran to FCC_011913Chris Gleason CFA
 
Lehigh net neutrality colloquium (no video) final
Lehigh net neutrality colloquium (no video)   finalLehigh net neutrality colloquium (no video)   final
Lehigh net neutrality colloquium (no video) finalDon Holloway
 

Similar to TechComm Industry Update ~ November 2, 2012 (20)

TechComm Industry Update - July 20, 2012
TechComm Industry Update - July 20, 2012TechComm Industry Update - July 20, 2012
TechComm Industry Update - July 20, 2012
 
TechComm Industry Update - August 17, 2012
TechComm Industry Update - August 17, 2012TechComm Industry Update - August 17, 2012
TechComm Industry Update - August 17, 2012
 
Mega-Mergers and Impacts on Local Government
Mega-Mergers and Impacts on Local GovernmentMega-Mergers and Impacts on Local Government
Mega-Mergers and Impacts on Local Government
 
Protecting PEG for the Next 15 Years
Protecting PEG for the Next 15 YearsProtecting PEG for the Next 15 Years
Protecting PEG for the Next 15 Years
 
Network Neutrality and Quality of Experience
Network Neutrality and Quality of ExperienceNetwork Neutrality and Quality of Experience
Network Neutrality and Quality of Experience
 
Hold The Phone: Assessing the Rights of Wireless Handset Owners and the Netwo...
Hold The Phone: Assessing the Rights of Wireless Handset Owners and the Netwo...Hold The Phone: Assessing the Rights of Wireless Handset Owners and the Netwo...
Hold The Phone: Assessing the Rights of Wireless Handset Owners and the Netwo...
 
Boston conference slides final
Boston conference slides finalBoston conference slides final
Boston conference slides final
 
FCC Law Blog Post January 2011
FCC Law Blog Post   January 2011FCC Law Blog Post   January 2011
FCC Law Blog Post January 2011
 
Boston conference slides final
Boston conference slides finalBoston conference slides final
Boston conference slides final
 
Fcc
FccFcc
Fcc
 
King County ERP 1999 Finalrep
King County ERP 1999 FinalrepKing County ERP 1999 Finalrep
King County ERP 1999 Finalrep
 
Richard Whitt - Presentation at Emerging Communications Conference & Awards (...
Richard Whitt - Presentation at Emerging Communications Conference & Awards (...Richard Whitt - Presentation at Emerging Communications Conference & Awards (...
Richard Whitt - Presentation at Emerging Communications Conference & Awards (...
 
Contact Center Compliance April 11 2012 FCC Webinar
Contact Center Compliance April 11 2012 FCC WebinarContact Center Compliance April 11 2012 FCC Webinar
Contact Center Compliance April 11 2012 FCC Webinar
 
FirstNet: Recent Developments and Current Uncertainties for Local Governments
FirstNet: Recent Developments and Current Uncertainties for Local GovernmentsFirstNet: Recent Developments and Current Uncertainties for Local Governments
FirstNet: Recent Developments and Current Uncertainties for Local Governments
 
DWS17 - Reshuffling the digital deck - Plenary session - Charles MATHIAS - Fe...
DWS17 - Reshuffling the digital deck - Plenary session - Charles MATHIAS - Fe...DWS17 - Reshuffling the digital deck - Plenary session - Charles MATHIAS - Fe...
DWS17 - Reshuffling the digital deck - Plenary session - Charles MATHIAS - Fe...
 
Telecom_Update_CAndreu.ppt
Telecom_Update_CAndreu.pptTelecom_Update_CAndreu.ppt
Telecom_Update_CAndreu.ppt
 
Wireless broadband
Wireless broadband Wireless broadband
Wireless broadband
 
Petition to Deny S_CLWR_Taran to FCC_011913
Petition to Deny S_CLWR_Taran to FCC_011913Petition to Deny S_CLWR_Taran to FCC_011913
Petition to Deny S_CLWR_Taran to FCC_011913
 
WiMax Scenario
WiMax ScenarioWiMax Scenario
WiMax Scenario
 
Lehigh net neutrality colloquium (no video) final
Lehigh net neutrality colloquium (no video)   finalLehigh net neutrality colloquium (no video)   final
Lehigh net neutrality colloquium (no video) final
 

More from Patton Boggs LLP

Crimea: U.S. Response Intensifies As Congress, President Obama Issue More San...
Crimea: U.S. Response Intensifies As Congress, President Obama Issue More San...Crimea: U.S. Response Intensifies As Congress, President Obama Issue More San...
Crimea: U.S. Response Intensifies As Congress, President Obama Issue More San...Patton Boggs LLP
 
Update: Employer Responsibilities Under the Affordable Care Act
Update: Employer Responsibilities Under the Affordable Care ActUpdate: Employer Responsibilities Under the Affordable Care Act
Update: Employer Responsibilities Under the Affordable Care ActPatton Boggs LLP
 
Crimea: U.S. Executive Actions and Legal Implications of Overlapping Global S...
Crimea: U.S. Executive Actions and Legal Implications of Overlapping Global S...Crimea: U.S. Executive Actions and Legal Implications of Overlapping Global S...
Crimea: U.S. Executive Actions and Legal Implications of Overlapping Global S...Patton Boggs LLP
 
Protecting Patient Information - Feds Find Security Lapses in State and Local...
Protecting Patient Information - Feds Find Security Lapses in State and Local...Protecting Patient Information - Feds Find Security Lapses in State and Local...
Protecting Patient Information - Feds Find Security Lapses in State and Local...Patton Boggs LLP
 
American University International Law Review Annual Symposium: Managing the G...
American University International Law Review Annual Symposium: Managing the G...American University International Law Review Annual Symposium: Managing the G...
American University International Law Review Annual Symposium: Managing the G...Patton Boggs LLP
 
Reinsurance Newsletter - March 2014
Reinsurance Newsletter - March 2014Reinsurance Newsletter - March 2014
Reinsurance Newsletter - March 2014Patton Boggs LLP
 
Supreme Court Agrees to Hear Two Cases on Attorneys' Fees in Patent Cases
Supreme Court Agrees to Hear Two Cases on Attorneys' Fees in Patent CasesSupreme Court Agrees to Hear Two Cases on Attorneys' Fees in Patent Cases
Supreme Court Agrees to Hear Two Cases on Attorneys' Fees in Patent CasesPatton Boggs LLP
 
FTC Announces Study of "Patent Assertion Entities"
FTC Announces Study of "Patent Assertion Entities"FTC Announces Study of "Patent Assertion Entities"
FTC Announces Study of "Patent Assertion Entities"Patton Boggs LLP
 
ALJ Ruling on Heart Attack Reporting Requirements Creates Split of Authority
ALJ Ruling on Heart Attack Reporting Requirements Creates Split of AuthorityALJ Ruling on Heart Attack Reporting Requirements Creates Split of Authority
ALJ Ruling on Heart Attack Reporting Requirements Creates Split of AuthorityPatton Boggs LLP
 
New TCPA Requirements for "Prior Express Written Consent" Effective October 16
New TCPA Requirements for "Prior Express Written Consent" Effective October 16New TCPA Requirements for "Prior Express Written Consent" Effective October 16
New TCPA Requirements for "Prior Express Written Consent" Effective October 16Patton Boggs LLP
 
Reinsurance Newsletter ~ September 2013
Reinsurance Newsletter ~ September 2013Reinsurance Newsletter ~ September 2013
Reinsurance Newsletter ~ September 2013Patton Boggs LLP
 
The U.S. Chemical Safety Board to OSHA: Get to Work on Combustible Dust
The U.S. Chemical Safety Board to OSHA: Get to Work on Combustible DustThe U.S. Chemical Safety Board to OSHA: Get to Work on Combustible Dust
The U.S. Chemical Safety Board to OSHA: Get to Work on Combustible DustPatton Boggs LLP
 
The Transatlantic Trade and Investment Partnership: The Intersection of the I...
The Transatlantic Trade and Investment Partnership: The Intersection of the I...The Transatlantic Trade and Investment Partnership: The Intersection of the I...
The Transatlantic Trade and Investment Partnership: The Intersection of the I...Patton Boggs LLP
 
Capital Thinking ~ July 29, 2013
Capital Thinking ~ July 29, 2013Capital Thinking ~ July 29, 2013
Capital Thinking ~ July 29, 2013Patton Boggs LLP
 
Capital Thinking ~ July 22, 2013
Capital Thinking ~ July 22, 2013Capital Thinking ~ July 22, 2013
Capital Thinking ~ July 22, 2013Patton Boggs LLP
 
CFTC Cross-Border Guidance Frequently Asked Questions
CFTC Cross-Border Guidance Frequently Asked QuestionsCFTC Cross-Border Guidance Frequently Asked Questions
CFTC Cross-Border Guidance Frequently Asked QuestionsPatton Boggs LLP
 
Australia Elects a New Federal Government
Australia Elects a New Federal GovernmentAustralia Elects a New Federal Government
Australia Elects a New Federal GovernmentPatton Boggs LLP
 
"Advance Australia Fair" - The Australian Federal Election 2013
"Advance Australia Fair" - The Australian Federal Election 2013"Advance Australia Fair" - The Australian Federal Election 2013
"Advance Australia Fair" - The Australian Federal Election 2013Patton Boggs LLP
 
U.S. Securities and Exchange Commission Proposes New Rule on Pay Disclosure
U.S. Securities and Exchange Commission Proposes New Rule on Pay DisclosureU.S. Securities and Exchange Commission Proposes New Rule on Pay Disclosure
U.S. Securities and Exchange Commission Proposes New Rule on Pay DisclosurePatton Boggs LLP
 

More from Patton Boggs LLP (20)

Crimea: U.S. Response Intensifies As Congress, President Obama Issue More San...
Crimea: U.S. Response Intensifies As Congress, President Obama Issue More San...Crimea: U.S. Response Intensifies As Congress, President Obama Issue More San...
Crimea: U.S. Response Intensifies As Congress, President Obama Issue More San...
 
Update: Employer Responsibilities Under the Affordable Care Act
Update: Employer Responsibilities Under the Affordable Care ActUpdate: Employer Responsibilities Under the Affordable Care Act
Update: Employer Responsibilities Under the Affordable Care Act
 
Crimea: U.S. Executive Actions and Legal Implications of Overlapping Global S...
Crimea: U.S. Executive Actions and Legal Implications of Overlapping Global S...Crimea: U.S. Executive Actions and Legal Implications of Overlapping Global S...
Crimea: U.S. Executive Actions and Legal Implications of Overlapping Global S...
 
Protecting Patient Information - Feds Find Security Lapses in State and Local...
Protecting Patient Information - Feds Find Security Lapses in State and Local...Protecting Patient Information - Feds Find Security Lapses in State and Local...
Protecting Patient Information - Feds Find Security Lapses in State and Local...
 
American University International Law Review Annual Symposium: Managing the G...
American University International Law Review Annual Symposium: Managing the G...American University International Law Review Annual Symposium: Managing the G...
American University International Law Review Annual Symposium: Managing the G...
 
Reinsurance Newsletter - March 2014
Reinsurance Newsletter - March 2014Reinsurance Newsletter - March 2014
Reinsurance Newsletter - March 2014
 
Social Impact Bonds
Social Impact BondsSocial Impact Bonds
Social Impact Bonds
 
Supreme Court Agrees to Hear Two Cases on Attorneys' Fees in Patent Cases
Supreme Court Agrees to Hear Two Cases on Attorneys' Fees in Patent CasesSupreme Court Agrees to Hear Two Cases on Attorneys' Fees in Patent Cases
Supreme Court Agrees to Hear Two Cases on Attorneys' Fees in Patent Cases
 
FTC Announces Study of "Patent Assertion Entities"
FTC Announces Study of "Patent Assertion Entities"FTC Announces Study of "Patent Assertion Entities"
FTC Announces Study of "Patent Assertion Entities"
 
ALJ Ruling on Heart Attack Reporting Requirements Creates Split of Authority
ALJ Ruling on Heart Attack Reporting Requirements Creates Split of AuthorityALJ Ruling on Heart Attack Reporting Requirements Creates Split of Authority
ALJ Ruling on Heart Attack Reporting Requirements Creates Split of Authority
 
New TCPA Requirements for "Prior Express Written Consent" Effective October 16
New TCPA Requirements for "Prior Express Written Consent" Effective October 16New TCPA Requirements for "Prior Express Written Consent" Effective October 16
New TCPA Requirements for "Prior Express Written Consent" Effective October 16
 
Reinsurance Newsletter ~ September 2013
Reinsurance Newsletter ~ September 2013Reinsurance Newsletter ~ September 2013
Reinsurance Newsletter ~ September 2013
 
The U.S. Chemical Safety Board to OSHA: Get to Work on Combustible Dust
The U.S. Chemical Safety Board to OSHA: Get to Work on Combustible DustThe U.S. Chemical Safety Board to OSHA: Get to Work on Combustible Dust
The U.S. Chemical Safety Board to OSHA: Get to Work on Combustible Dust
 
The Transatlantic Trade and Investment Partnership: The Intersection of the I...
The Transatlantic Trade and Investment Partnership: The Intersection of the I...The Transatlantic Trade and Investment Partnership: The Intersection of the I...
The Transatlantic Trade and Investment Partnership: The Intersection of the I...
 
Capital Thinking ~ July 29, 2013
Capital Thinking ~ July 29, 2013Capital Thinking ~ July 29, 2013
Capital Thinking ~ July 29, 2013
 
Capital Thinking ~ July 22, 2013
Capital Thinking ~ July 22, 2013Capital Thinking ~ July 22, 2013
Capital Thinking ~ July 22, 2013
 
CFTC Cross-Border Guidance Frequently Asked Questions
CFTC Cross-Border Guidance Frequently Asked QuestionsCFTC Cross-Border Guidance Frequently Asked Questions
CFTC Cross-Border Guidance Frequently Asked Questions
 
Australia Elects a New Federal Government
Australia Elects a New Federal GovernmentAustralia Elects a New Federal Government
Australia Elects a New Federal Government
 
"Advance Australia Fair" - The Australian Federal Election 2013
"Advance Australia Fair" - The Australian Federal Election 2013"Advance Australia Fair" - The Australian Federal Election 2013
"Advance Australia Fair" - The Australian Federal Election 2013
 
U.S. Securities and Exchange Commission Proposes New Rule on Pay Disclosure
U.S. Securities and Exchange Commission Proposes New Rule on Pay DisclosureU.S. Securities and Exchange Commission Proposes New Rule on Pay Disclosure
U.S. Securities and Exchange Commission Proposes New Rule on Pay Disclosure
 

TechComm Industry Update ~ November 2, 2012

  • 1. November 2, 2012 TechComm Industry Update PATTON BOGGS LLP Powered by In this update: Patton Boggs' • FCC Incentive Auction Proceeding Launched TechComm Team • Broadcasters File Brief in Aereo Appeal If you have any questions • FCC Opens Proceeding on Limits on Mobile Spectrum Holdings about the foregoing or if you require additional • T-Mobile and MetroPCS to Merge information, please contact: • Softbank to Acquire Sprint • FCC Proposes Reform of Rules and Policies on Foreign Carrier Jennifer L. Richter Entry 202-457-5666 jrichter@pattonboggs.com • U.S. Court of Appeals Upholds FCC Policy of Permitting Security Interests in License Sale Proceeds Paul C. Besozzi 202-457-5292 • FCC Seeks Comment on Seven TCPA Petitions pbesozzi@pattonboggs.com • Additional Comments Sought on the Video Service Relay Program Monica S. Desai • Wireline Competition Bureau Conducting a Virtual Workshop on 202-457-7535 Connect America Phase II Cost Model mdesai@pattonboggs.com • Proposed Amendment to the Electronic Communications Privacy Act Michael E. Drobac 202-457-7557 • FCC Creates Public Safety Answering Point (PSAP) Do-Not-Call mdrobac@pattonboggs.com Registry • FCC Adopts Wireless Communications Service (WCS) Technical Ryan W. King Rule Settlement Proposal 202-457-5312 rking@pattonboggs.com • All-Digital Cable Systems Allowed to Encrypt Basic TV Service • FTC Holds Robocall Summit Carly T. Didden 202-457-6323 • FCC Reminds ETCs That They Must Recertify Before Year End cdidden@pattonboggs.com • Comments Sought on Lifeline Annual Recertification Rule Jennifer A. Cetta • Liberty Media Seeks Consent to Acquire Control of Sirius XM 202-457-6546 Radio jcetta@pattonboggs.com • CTIA Releases Whitepaper on Cybersecurity Melanie C. Goggins • FCC Approves E-Rate Eligible Services List for FY 2013 202-457-5649 mgoggins@pattonboggs.com • Update on Mobility Fund Phase I Auction • Court Denies Stay in Viewability Appeal • Ban on Certain Exclusive Programming Contracts Expires; FCC Seeks Further Comments • FCC Seeks Comment on LightSquared Request for Relief • FirstNet Seeks Comment on Public Safety Broadband Network
  • 2. • FCC Initiates Comprehensive Satellite Licensing and Operational Rule Review • FCC Announces Planned mHealth Task Force Report Implementation Steps • Internet Radio Fairness Act Introduced in House and Senate • Legislation Introduced to Prevent FCC Reforms to Rural Subsidy Formula FCC Incentive Auction Proceeding Launched On Friday, October 26, the FCC hosted a workshop for broadcasters to learn more about the FCC’s recently released incentive auction Notice of Proposed Rulemaking (NPRM). The workshop provided information about issues raised in the NPRM, including proposed auction designs, the mechanics of participation, and station eligibility. It also focused on issues of interest to broadcasters that may choose not to participate, including proposed band plans and possible approaches to repacking. According to the NPRM, the incentive auction will consist of three major components: (1) a reverse auction in which broadcast television licensees may submit bids to voluntarily relinquish spectrum usage rights in exchange for payments; (2) a reorganization or “repacking” of the broadcast television bands in order to free up a portion of the UHF band for wireless use; and (3) a forward auction of initial licenses for flexible use of the newly available spectrum. The FCC seeks public comment on the NPRM. The Chairman seeks to issue a final order in 2013, and hold the auction in 2014. Comments are due December 21, 2012, and Reply Comments are due February 19, 2013. For a copy of the NPRM click here. Broadcasters File Brief in Aereo Appeal A group of associations representing broadcasters filed an Amicus Brief supporting an appeal before the U.S. Court of Appeals for the Second Circuit. Appellants asked the Second Circuit to overturn a district court decision not to issue a preliminary injunction that would have prevented Aereo from retransmitting the Appellant’s broadcast program over the Aereo network while the program is in progress. Aereo has developed a technology that records broadcast television signals using a network of small antennas and then sells a service to consumers that can receive these recorded broadcast signals over the Internet. Aereo does not have the broadcasters’ consent and does not pay any royalty fee to compensate the broadcasters for retransmitting their signal over the Internet. Broadcasters argued that Aereo’s retransmission of broadcasters’ signal “irreparably harms broadcasters by undermining their two most important sources of revenue: advertising and retransmission consent fees,” as well as “undermines contractual arrangements by which broadcasters negotiate and pay to be the ‘first run’ outlet for many popular programs and otherwise threatens the sustainability of broadcasters’ investment in high-quality local and national programming.” They urged the court to conclude that Aereo has violated copyright laws by publically performing the broadcast content without permission.
  • 3. FCC Opens Proceeding on Limits on Mobile Spectrum Holdings The FCC released an NRPM seeking comment on how much wireless spectrum a single company can hold. The agency asks interested parties whether it should apply a case-by-case analysis to transactions and auctions or whether to adopt a different approach, such as creating a bright line “spectrum cap.” The FCC further seeks comment on which spectrum bands should be included in these evaluations and other implementation issues. Comments are due by November 23, 2012 and reply comments are due by December 24, 2012. T-Mobile and MetroPCS to Merge Deutsche Telekom and MetroPCS Communications have reached an agreement to combine T-Mobile USA and MetroPCS. The resulting company will retain the T-Mobile name, but will operate T-Mobile and MetroPCS as separate customer units. According to the press release: “This transaction will create the leading value carrier in the U.S. wireless marketplace, which will deliver an enhanced customer experience through a wider selection of affordable products and services, deeper network coverage and a clear-cut technology path to one common LTE network.” The transaction is expected to close in the first half of 2013, subject to approval by MetroPCS shareholders, regulatory approvals, and other customary closing conditions. Petitions to Deny the request for FCC approval of the transaction are due by November 26, 2012. Oppositions are due by December 6, 2012 and replies are due by December 17, 2012. Softbank to Acquire Sprint SoftBank, a Japanese carrier, has reached a deal with Sprint to acquire approximately 70 percent of the U.S. wireless carrier. As part of the deal, $12.1 billion will be distributed to existing Sprint stockholders and $8.0 billion will be invested in Sprint to strengthen its balance sheet. The companies expect the deal to close in mid-2013, subject to approval by Sprint stockholders, regulatory approvals, and the satisfaction or waiver of other closing conditions. FCC Proposes Reform of Rules and Policies on Foreign Carrier Entry The FCC adopted an NPRM to change the criteria under which it considers applications by foreign telecommunications carriers or their affiliates that seek entry into the U.S. market for international telecommunications services. The proposal would eliminate, or in the alternative, simplify the effective competitive opportunities (ECO) test that applies to FCC review of Section 214 applications to serve the U.S. market. Developments since 1995, including the decision to replace the ECO test for applicants from World Trade Organization (WTO) Member countries, justify considering whether there is a reason to apply all of the
  • 4. ECO test requirements absent complaints or evidence of anti- competitive conduct on routes between the U.S. and countries that are not WTO members. The FCC will re-examine the current ECO test requirements as it applies to Commission review of Section 214 applications, cable landing license applications and foreign carrier affiliation notifications. Comments and reply comments are due 30 days and 50 days, respectively, after publication of the NPRM in the Federal Register. U.S. Court of Appeals Upholds FCC Policy of Permitting Security Interests in License Sale Proceeds Since lenders cannot take a security interest in an FCC license because it would be possible for the lender to acquire the license without FCC consent, the common practice is to take a security interest in the proceeds of the sale of an FCC license. In the Tracy Broadcasting Corporation bankruptcy proceeding, a District Court based on its reading of the Bankruptcy Code concluded that a security interest in the proceeds of the sale of a broadcast station license that was not entered into until after the licensee declared bankruptcy was not enforceable. The U.S. Court of Appeals overturned the District Court and stated that the lender’s security interest was in the economic value of the license, including the proceeds of the sale of the license. It concluded that those rights vested before the licensee filed for bankruptcy and could not be discharged. FCC Seeks Comment on Seven TCPA Petitions The FCC seeks comment on several requests for clarification or declaratory ruling regarding the application of the Telephone Consumer Protection Act to autodialed and prerecorded message calls, text messages, or faxes. For example, questions are raised about whether predictive dialers that are not used for telemarketing purposes and do not have the current ability to generate and dial random or sequential numbers are “automatic telephone dialing systems,” and whether the TCPA applies to users of Internet-to-phone text messaging technology and similar technologies involving the storage and automatic dialing of wireless telephone numbers. Comments on three of the petitions are due by November 15, 2012 (with reply comments due by November 30), and comments on the remainder of the petitions are due November 23, 2012 (with reply comments due by December 10, 2012). Additional Comments Sought on the Video Service Relay Program The FCC seeks further comment on proposals to reform the structure of the video relay services (VRS) program and on proposed compensation rates. CSDVRS, LLC (a VRS provider) proposed that VRS access technologies be migrated to a standard, software based VRS access technology that could be used on commonly available off-the-shelf hardware. CSDVRS also proposed changes to industry structure that would in effect “separate the video communication service component of VRS from the ASL relay CA service component by providing the functions of the former from an enhanced database.” The FCC further seeks comment on the Fund Administrator’s proposed rate structure,
  • 5. proposed rates and cost calculations. Comments are due by November 14, 2012, and reply comments are due by November 29, 2012. Wireline Competition Bureau Conducting a Virtual Workshop on Connect America Phase II Cost Model The FCC’s Wireline Competition Bureau has commenced a virtual workshop to inform the development and adoption of a forward-looking cost model through which the agency will provide Connect America Phase II universal support. Participants may share information and ideas with Bureau staff in near real-time by posting comments through various subject-matter-specific online discussion forums that are hosted on the FCC’s website (which is available here). Posts also will be placed in the relevant FCC dockets. Comments must be posted by November 19, 2012. Proposed Amendment to the Electronic Communications Privacy Act The Senate Judiciary Committee adopted an amendment from Chairman Patrick Leahy (D-VT) to the Electronic Communications Privacy Act (ECPA). The 1986 law sets forth standards governing law enforcement access to electronic communications. Chairman Leahy’s amendment would require that, except for emergencies, the federal government must obtain a probable cause warrant in order to obtain e- mail, texts, or other electronic communications, including documents stored “in the cloud.” The amendment would help bring Fourth Amendment safeguards into the digital age. Under current law, the government can often access individuals’ e-mails and documents stored “in the cloud” by issuing a subpoena to the Internet service provider. Leahy’s measure also would amend the Video Privacy Protection Act (VPPA) to allow companies to obtain one-time consent from a customer to share user viewing histories on an ongoing basis and that consent may be secured via the Internet. This disclosure provision would allow companies to link users and products. Currently, users of social networking services must take an affirmative action, such as liking or sharing on Facebook, in order to associate themselves with a product. The VPPA portion of the bill is a variation of what was previously passed by the House of Representatives. Although the amendment was adopted as a substitute, it was not reported out of committee. The Judiciary Committee is expected to mark up the bill during the lame-duck session in November. FCC Creates Public Safety Answering Point (PSAP) Do-Not-Call Registry The FCC voted to create a do-not-call registry of PSAP telephone numbers and prohibit an operator of automatic dialing or robocall
  • 6. equipment from calling or texting a telephone number on this list, other than for emergency purposes. The agency staff is working through the operational details of the registry and will release a Public Notice when that process is complete. The effective date of these changes has yet to be determined, but it will be no sooner than six months after the release of that Public Notice. FCC Adopts Wireless Communications Service (WCS) Technical Rule Settlement Proposal In order to resolve challenges to the FCC’s WCS technical rules that were adopted in 2010, a recent FCC order adopted the joint technical proposal of AT&T and SiriusXM and made other rule changes. 20 MHz of the available 30 MHz WCS spectrum is now available for mobile broadband services. The remaining 10 MHz is available for fixed broadband services and will act as an interference buffer between mobile WCS operations and the adjacent spectrum used for SDARS. The technical rule changes will facilitate the deployment and co- existence of WCS and SDARS operations, provide a mechanism for resolving harmful interference on roadways, clarify when notice and coordination of WCS operations is required, and extend the WCS construction deadlines. All-Digital Cable Systems Allowed to Encrypt Basic TV Service The FCC has lifted the restriction on encrypting the basic service tier on all-digital cable television systems. According to the agency, this change will allow operators to enable and disable service remotely, reduce theft of cable service, and provide regulatory parity between cable operators and satellite providers. Cable operators that choose to encrypt basic service must comply with consumer protection measures, including providing notice and offering free set-top boxes or CableCARDs to certain subscribers for a limited time. In addition, Comcast, Time Warner Cable, Cox, Charter, Cablevision, and Bright House have committed to a process that will provide basic service tier access to certain third party devices that would other otherwise be useless once the basic service tier is encrypted. FTC Holds Robocall Summit On Thursday, October 18, 2012, the Federal Trade Commission (FTC) hosted a summit on stopping illegal robocalls. Industry and government leaders discussed at length the state of the industry, the current legal landscape, and technical issues such as caller-ID spoofing, data mining, and call-blocking technology. The summit culminated with the announcement of the FTC Robocall Challenge – a contest for the best new solution to block illegal robocalls on landlines and mobile phones. Individuals, groups, and organizations are encouraged to submit new proposed technical solutions or functional solutions and proofs of concept to the agency by January 17, 2013. Proposals will be judged on whether they work, are they easy to use, and what it will take to roll them out. Individuals, teams or small
  • 7. organizations with fewer than 10 people are eligible to win a $50,000 prize. Organizations with more than 10 employees are also encouraged to participate, but are not eligible for the cash prize. The FTC plans to announce the results in April 2013. FCC Reminds ETCs That They Must Recertify Before Year End The FCC recently reminded Eligible Telecommunications Carriers (ETCs) and state agencies that they must re-certify the eligibility of the base of their subscribers as of June 1, 2012 and must complete the re- certification process by December 31, 2012. Each ETC must report the results of its re-certification process to the FCC and the Universal Service Administrative Company (USAC) by January 31, 2013. Where state agencies perform re-certification, the agencies must provide notice to each ETC so that the ETC can initiate all de-enrollments by December 31, 2012 and file its annual recertification report by January 31, 2013. The FCC also provided guidance on compliance with the one- per-household rule, and how states can opt-out of the National Lifeline Accountability Database. Comments Sought on Lifeline Annual Recertification Rule The FCC seeks comment on whether carriers that receive Lifeline universal support must recertify the eligibility of their Lifeline subscribers once per calendar year or every twelve months. The issue was raised in a Petition for Clarification filed by General Communication, Inc. (GCI), in which the company argued that the “annual” recertification requirement in FCC Rule 54.410(f) should be interpreted as requiring recertification once per calendar year. GCI also claimed that interpreting the provision as requiring recertification every 12 months imposes unnecessary and unjustified costs without any corresponding public benefit. Comments are due by November 23, 2012, and reply comments are due by December 10, 2012. Liberty Media Seeks Consent to Acquire Control of Sirius XM Radio Liberty Media has filed applications with the FCC for regulatory approval for the company to take control of Sirius XM Radio. Through various stock purchases and the conversion of its preferred stock, and upon approval of the transaction by the FCC, Liberty Media will own more than 50 percent of Sirius’ common stock. Petitions to Deny were due by November 1, 2012, oppositions are due November 13, 2012, and replies are due by November 20, 2012. CTIA Releases Whitepaper on Cybersecurity CTIA-The Wireless Association® released a white paper on cybersecurity in which the association stressed the need for sharing of “cyberthreat information among industry players and between industry and government.” More broadly, the paper provides: (1) a brief overview of the cybersecurity landscape of the mobile communications industry; (2) the extent of its interdependence in responding to an environment of rapidly changing threats, (3) a summary of the many cybersecurity
  • 8. features and solutions at work today, and (4) a sampling of the many advanced protections available for device users. The white paper is available here. FCC Approves E-Rate Eligible Services List for FY 2013 The FCC released the approved E-Rate eligible services list (ESL) for funding year (FY) 2013, which will start July 1, 2013, and indicated that the window for filing FY 2013 applications for E-Rate support should open no earlier than November 26, 2012. The FCC did not make major modifications to the ESL, but it did consolidate all Priority One services into a single list to reduce regulatory and administrative burdens on applicants. Thus applicants are no longer expected to separate service requests into telecommunications services, telecommunications or Internet services. In approving the ESL, the FCC did not take action on the issue of bundling of ineligible equipment with eligible services. Update on Mobility Fund Phase I Auction The FCC announced the results of the Mobility Fund Phase I auction in which nearly $300 million in funding will be distributed to help close gaps in mobile coverage in the U.S. The funding will cover deployment of 3G and 4G service in 31 states. Winning bidders, which include T-Mobile and U.S. Cellular, must complete their projects within three years and allow other carriers to roam on their networks. Each winning bidder must submit a completed long-form application by November 5, 2012. Court Denies Stay in Viewability Appeal The U.S. Court of Appeals for the D.C. Circuit denied a request to stay the FCC’s Viewability Order pending judicial review, stating that the petitioners did not meet the stringent requirements for issuing a stay. The Order allows the FCC’s “viewability” rules to sunset – these rules require cable systems that offer both analog and digital service to carry digital must-carry signals in analog format. Must-carry broadcasters argued that they will lose viewership and audience share if the Order takes effect, and that declining viewership will cause them to lose advertising revenue. Broadcasters further claimed that absent a stay they will have to eliminate or reduce programming, which will disproportionately harm low income and minority viewers. Ban on Certain Exclusive Programming Contracts Expires; FCC Seeks Further Comments The FCC did not extend its general ban on cable operators entering into exclusive contracts with cable-affiliated programming vendors that deliver programming via satellite. Instead, the FCC will generally review these agreements on a case-by-case basis, except that the agency created a rebuttable presumption that an exclusive contract involving a satellite-delivered, cable-affiliated Regional Sports Network (RSN) has the “purpose and effect” of “significantly hindering or preventing” a complainant from providing satellite-delivered programming. The FCC also sought comment on related program access issues, including
  • 9. whether to establish a number of additional rebuttable presumptions. Comments are due by November 30, 2012 and reply comments are due by December 17, 2012. FCC Seeks Comment on LightSquared Request for Relief The FCC seeks comment on a request from LightSquared that the agency declare that build-out requirements adopted in a prior order do not apply until the status of LightSquared’s authorizations have been resolved. These conditions include that LightSquared provide terrestrial mobile broadband coverage to at least 100 million people by the end of this year. The FCC proposed in February 2012 to either suspend indefinitely or revoke all of LightSquared’s Ancillary Terrestrial Component (ATC) authorizations, but the proposal is still pending before the Commission. Petitions to Deny and other comments on LightSquared’s request are due by November 9, 2012. Oppositions are due by November 19, 2012, and replies are due by November 28, 2012. FirstNet Seeks Comment on Public Safety Broadband Network The National Telecommunications & Information Administration (NTIA) released a Notice of Inquiry on behalf of the First Responder Network Authority (FirstNet) seeking public comment on a network architecture presentation made at the September 25 FirstNet Board meeting. Comment also is sought on network design, business plan considerations and applications for public safety. The presentation made by FirstNet Board member Craig Farrill outlined a possible framework for designing the public safety network architecture in a manner that leverages existing resources and infrastructure as contemplated by the Middle Class Tax Relief and Job Creation Act. The presentation explores three options, but appears to favor creating a diverse nationwide network with multiple wireless networks and systems. Comments were due November 1, 2012. FCC Initiates Comprehensive Satellite Licensing and Operational Rule Review For the first time since 1996, the FCC is undertaking a comprehensive review of its satellite licensing and operational rules. The rule review will eliminate unnecessary rules, update the rules to reflect technological advances, and streamline the licensing process. The proposed rule changes include: • A change in the regulatory approach for licensing from “tell us how you built it” to “tell us how you avoid interference with your neighbors”;
  • 10. Elimination of unnecessary filing requirements; • Expansion of the number of earth station applications that are eligible for routine and streamlined processing; • Revising the information collected on space and earth station applications to reflect evolving technology; • Providing additional methodologies for use by earth station applicants to verify antenna performance; • Reinforcing emergency contact reporting requirements, consolidating annual reporting requirements, and removing unnecessary reporting rules; and • Simplifying and clarifying space station milestone requirements. Comments and reply comments are due 45 days and 75 days, respectfully, after publication of the NPRM in the Federal Register. FCC Announces Planned mHealth Task Force Report Implementation Steps The FCC announced plans to act on recommendations from a mHealth Task Force Report. The independent Task Force released its recommendations to the FCC, other federal agencies and to industry, with the goal of making mHealth a routine medical best practice by 2017. Among the specific actions that FCC Chairman Genachowski committed to taking include renewing the search for a permanent FCC Health Care Director. He also indicated that the FCC would consider an Order to comprehensively reform and modernize the Rural Health Care Program and an Order to streamline the FCC’s experimental licensing rules to promote and encourage the creation of wireless health device “test beds.” The Commission will also develop and execute a health care stakeholder outreach plan to promote greater collaboration between the FCC and the health care sector. Internet Radio Fairness Act Introduced in House and Senate Congressmen Jason Chaffetz (R-UT) and Jared Polis (D-OR) and Senator Ron Wyden (D-OR) introduced the Internet Radio Fairness Act (HR 6480; S. 3609) in the House and Senate. The bill seeks to apply the same method for establishing royalty rates for Internet radio as is currently applied to cable and satellite radio. According to Senator Wyden, the current method used to set royalty rates for Internet Radio has “led to webcasters paying five times the amount of royalty rates – as a percentage of revenue – as other digital music broadcasters like satellite and cable.” Legislation Introduced to Prevent FCC Reforms to Rural Subsidy Formula Representative Jeffrey Landry (R-LA) introduced legislation, the Restore Effective Statistics to the Calculation of USF Expenditures Act of 2012 (RESCUE Act), to prevent the FCC from decreasing payments to rural
  • 11. telecommunications companies. Specifically, the bill seeks to end the FCC’s use of statistical caps in determining universal service support as part of the FCC’s 750-page order reforming the Universal Service Fund (USF). The RESCUE Act would also mandate that an alternative methodology for funding be created within 120 days. Though the bill has support from the National Telecommunications Cooperative Association, it currently has no cosponsors. It is unlikely Rep. Landry’s bill will receive consideration this year. However, the FCC’s order to reform the USF is being challenged in court by 29 petitioners and is expected to be heard in the coming months. ************* If you have questions regarding any of the items discussed above, or if you are interested in filing comments or receiving copies of filed comments in any of the FCC proceedings mentioned, please contact the Patton Boggs TechComm practice group. More information about our team can be found at www.pattonboggstechcomm.com. This information is not intended to constitute, and is not a substitute for, legal or other advice. You should consult appropriate counsel or other advisers, taking into account your relevant circumstances and issues. While not intended, this Update may in part be construed as an advertisement under developing laws and rules. www.pattonboggstechcomm.com