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Documents on Communications Law, Telecommunications, Communications & Media
 

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HTMLSouthern District of New York Holds That Aereo is Not Eligible for the Cable Compulsory License; Grants Preliminary Injunction
Seth A. Davidson, Arthur H. Harding, Glenn G. Pudelka; Edwards Wildman Palmer LLP;
Legal Alert/Article
November 21, 2014, previously published on October 24, 2014
In the latest, but not unexpected, development in the ongoing Aereo saga, the United States District Court for the Southern District of New York has rejected Aereo’s contention that it is a “cable system” eligible for the Copyright Act’s cable compulsory license and has...

 

HTMLFCC Radio Licenses: Saving Paper Doesn't Change Notice Requirements
James R. Hobson; Best Best & Krieger LLP;
Legal Alert/Article
November 8, 2014, previously published on October 16, 2014
Many municipal governments and special districts, especially public safety departments, hold radio licenses or antenna structure permits from the Federal Communications Commission. The FCC is proposing to save paper and staff time by making the authorizations stored on agency databases...

 

HTMLIllinois Allows Intermediate Carrier to Source International Telecommunications Receipts Based on Its Property Factor
Andrew D. Appleby, Derek Takehara; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
November 3, 2014, previously published on October 17, 2014
The Illinois Department of Revenue determined that a wholesale distributor of international telecommunications services could source its long-distance telephone receipts based on its Illinois property factor. The taxpayer, an intermediate international telecommunications carrier, owned and rented...

 

HTMLEleventh Circuit Reverses Outlier Decision on TCPA Prior Express Consent Standard
Keith J. Barnett, Thomas M. Byrne, Ellen M. Dunn, Juan C. Garcia, Allegra J. Lawrence-Hardy; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
October 9, 2014, previously published on October 7, 2014
The U.S. Court of Appeals for the Eleventh Circuit has clarified the standard for “prior express consent” under the Telephone Consumer Protection Act (TCPA) in a September 29, 2014 decision reversing an outlier ruling by a lower court. In Mais v. Gulf Coast Collection Bureau, Inc.,...

 

HTMLFCC Considers Banning Redskins
McDonald Hopkins LLC;
Legal Alert/Article
October 8, 2014, previously published on October 3, 2014
Another federal agency may be preparing to weigh in on the on-going debate about the name of the National Football League franchise based in Washington, D.C. Just months after the Patent and Trademark Office canceled the team’s trademark; the Federal Communications Commission is weighing...

 

HTMLFCC Repeals NFL Blackout Rules
McDonald Hopkins LLC;
Legal Alert/Article
October 8, 2014, previously published on October 3, 2014
The Federal Communications Commission (FCC) voted unanimously this week to repeal federal regulations that prohibit cable and satellite TV providers from showing a sports event in an area if the game was blacked out on broadcast television stations such as Fox or CBS.

 

HTMLMais v. Gulf Coast Collection Bureau: Eleventh Circuit Provides Creditors TCPA Relief
Zachary D. Miller; Burr & Forman LLP;
Legal Alert/Article
October 8, 2014, previously published on September 30, 2014
In May 2013, a ruling from the U.S. District Court for the Southern District of Florida caused great concern among creditors and debt collectors by taking an unprecedented stance against the supremacy of orders issued by the Federal Communications Commission (“FCC”) regarding the...

 

HTMLNinth Circuit Rules Marketing Consultant Can Be Held Vicariously Liable for Text Messages under TCPA
Ernest C. Cooper; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 2, 2014, previously published on September 24, 2014
In a ruling issued late last week, the Ninth Circuit held that a marketing consultant that hired a firm to send text messages for a third party could also be held vicariously liable for violations of the Telephone Consumer Protection Act (TCPA). The marketing consultant acknowledged that Federal...

 

HTMLFCC Sets Deadline for and Narrows Scope of Special Access Mandatory Data Collection
Russell M. Blau, Joshua M. Bobeck, Eric J. Branfman, Tamar E. Finn, Andrew D. Lipman; Bingham McCutchen LLP;
Legal Alert/Article
September 25, 2014, previously published on September 18, 2014
On Monday, September 15, 2014, the FCC’s Wireline Competition Bureau (“WCB”) issued a Reconsideration Order revising the mandatory data collection in the special access proceeding based on concerns raised by the Office of Management and Budget (“OMB”). In this Order,...

 

HTMLEleventh Circuit Hears Oral Argument in Landmark TCPA Case
Michael C. Lueder; Foley & Lardner LLP;
Legal Alert/Article
September 23, 2014, previously published on September 22, 2014
Industry now waits as the Eleventh Circuit considers whether to overturn a Florida district court decision rejecting the Federal Communications Commission’s definition of prior express consent under the Telephone Consumer Protection Act. On September 18, 2014, the United States Court of...

 


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