WileyonMedia

WileyonMedia

News, Legal and Political Insight for a Dynamic Media Industry

Eve K. Reed

Eve K. Reed

Eve Reed represents broadcast and other communications clients in a wide variety of regulatory matters before the FCC and in litigation before federal and state courts.

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FCC Seeks Comment on Key TCPA Issues

By Eve K. Reed and Kathleen Scott on Posted in Broadcast Regulation, Broadcast Technology, Telephone Consumer Protection Act
The Federal Communications Commission (“FCC” or “Commission”) has taken its first step in addressing several key issues under the Telephone Consumer Protection Act (“TCPA”) that were raised by the recent D.C. Circuit decision that resolved an appeal of the Commission’s 2015 Omnibus TCPA Order. Specifically, the D.C. Circuit’s March decision in ACA International v. FCC… Continue Reading

FCC Seeks Comment on Proposal to Streamline Assignment/Transfer of TV Satellite Stations

By Eve K. Reed and Ari Meltzer on Posted in Broadcast Attribution, Broadcast Regulation
UPDATE 4/12/2018:  Comments are due on May 11, 2018 and reply comments are due on May 29, 2018. The FCC wants to know whether and how it should revise the process for applying to assign or transfer control of a television satellite station. Television satellite stations are full power television stations that retransmit some or… Continue Reading

Top 3 Takeaways for Media Companies from the D.C. Circuit’s TCPA Decision

By Scott D. Delacourt and Eve K. Reed on Posted in Contests, Corporate/Business, Telephone Consumer Protection Act
The D.C. Circuit has now issued a long-awaited decision involving the Telephone Consumer Protection Act (TCPA), which has widespread implications for broadcasters and other media companies that rely on modern calling equipment (including text messaging) to reach their audiences. The decision resolves an appeal of the Federal Communications Commission’s (FCC’s) 2015 Omnibus TCPA Order with… Continue Reading

Comment Dates Set on FCC Proposal to Eliminate Paper Contract Filing Requirement for Broadcasters

By Eve K. Reed on Posted in Broadcast Regulation
In another proceeding initiated as part of its effort to modernize the rules that apply to broadcasters, the Federal Communications Commission (FCC) is seeking comment on whether and how to update the requirement that licensees file paper copies of certain contracts and other documents with the agency within 30 days of their execution. As a… Continue Reading

FCC Media Ownership Rule Changes Effective February 7, 2018; Comments Due March 9, 2018 on Proposals to Increase Broadcast Ownership Diversity

By Eve K. Reed on Posted in Broadcast Attribution, Broadcast Regulation, Ownership Rules
The FCC’s Order on Reconsideration (Order) adopting sweeping changes to the media ownership rules has been published in the Federal Register. This establishes February 7, 2018 as the effective date for all but one of the rule changes adopted in the Order. As previously explained, the Order (i) eliminates the 42-year-old newspaper/broadcast cross-ownership rule; (ii)… Continue Reading

Comments Due December 29 on Proposals to Modernize Broadcast Ancillary/Supplementary Services Reporting and Local Public Notice Requirements

By Eve K. Reed on Posted in Broadcast Regulation
The FCC’s Notice of Proposed Rulemaking (NPRM) seeking comment on whether to modernize the requirements that broadcasters report annually on their provision of digital television (DTV) ancillary or supplementary services and provide local public notice of the filing of certain applications has been published in the Federal Register. As the FCC has announced, this sets… Continue Reading

FCC to Consider Sweeping Changes to Media Ownership Rules

By Kathleen E. Scott, Eve K. Reed, Joan Stewart and Ari Meltzer on Posted in Broadcast Attribution, Broadcast Regulation
Federal Communications Commission (FCC or Commission) Chairman Ajit Pai is proposing some of the most dramatic changes to the Commission’s media ownership rules in decades. At its November 16 Open Meeting, the agency will consider an Order on Reconsideration that would: (i) eliminate the 42-year-old newspaper/broadcast cross-ownership rule; (ii) eliminate the radio/television cross-ownership rule; (iii)… Continue Reading

D.C. Circuit Upholds FCC Decision Not to Require Multilingual Emergency Alerts, Highlighting November 6, 2017 Deadline to Report on Efforts to Serve Non-English Speakers

By Eve K. Reed on Posted in Broadcast Regulation
This week, the United States Court of Appeals for the D.C. Circuit affirmed an FCC order issued in March 2016 that declined to require emergency alerts in languages other than English. In a 2-1 decision, the Court found the agency’s determination to be consistent with the Communications Act and reasonable, and thus denied the petition… Continue Reading

FTC Sends (Another) Warning That Endorsers Must Disclose Connections to Products, Brands, or Services in Any Form of Media

By Eve K. Reed on Posted in Advertising Issues, Broadcast Regulation, Contests
When thinking about the regulations they must comply with, most broadcasters focus primarily, if not exclusively, upon the Federal Communications Commission (FCC). But there is at least one other federal agency that deserves attention, and that is the Federal Trade Commission (FTC). This is particularly true when endorsements, contests, and other marketing activities are in… Continue Reading

FTC Updates COPPA Compliance Guide; Emphasizes Broad Reach of Rule

By Kathleen E. Scott, Eve K. Reed, Joan Stewart and Megan Brown on Posted in Privacy
This month, the Federal Trade Commission (“FTC”) updated its Children’s Online Privacy Protection Act (“COPPA”) Rule Compliance Guide in its ongoing effort to ensure that COPPA reflects changes in technology, including the Internet of Things (“IoT”).  Although the FTC’s update confirms that COPPA applies to IoT devices, it does not provide meaningful guidance to operators… Continue Reading

FCC Public Notice Asks What Media Regulations to Eliminate

By Ari Meltzer and Eve K. Reed on Posted in Broadcast Regulation, MVPD Regulation
On May 18, 2017, the Federal Communications Commission adopted a Public Notice initiating a review of its rules applicable to television and radio broadcasters, cable operators, and satellite television providers. The stated purpose of the review is “to eliminate or modify regulations that are outdated, unnecessary or unduly burdensome.” In addition to seeking comment on… Continue Reading

FCC Proposes Elimination of Broadcast Main Studio Rule

By Ari Meltzer and Eve K. Reed on Posted in Broadcast Regulation
Update 6/2/2017: Based on today’s publication in the Federal Register, comments are due on July 3, with reply comments due July 17. On May 18, 2017, the Federal Communications Commission adopted a Notice of Proposed Rulemaking (NPRM) in which it proposed to eliminate the main studio rule for all services (including the associated minimum staffing… Continue Reading

Now Effective – The FCC’s Streamlined Broadcast Foreign Ownership Rules and New Rules Governing Foreign Ownership Compliance

By Eve K. Reed on Posted in Broadcast Regulation, Foreign Ownership, Transactions
With the publication of an announcement in the Federal Register on April 20, 2017, the FCC’s new foreign ownership rules, originally adopted on September 30, 2016, are now finally effective. The FCC’s September 2016 order made two significant changes to the agency’s foreign ownership rules. First, the new rules contain “streamlined” procedures that broadcasters must… Continue Reading

FCC Grants First Petition for Declaratory Ruling Allowing 100% Foreign Ownership of Broadcast Station Licensees

By Eve K. Reed on Posted in Broadcast Regulation, Foreign Ownership, Transactions
The Media Bureau of the Federal Communications Commission (FCC) has released the first-ever decision permitting foreign citizens to own 100% of broadcast station licensees. In the declaratory ruling, the FCC authorized two Australian citizens each to own 50% of Frontier Media, LLC, the parent company of broadcast licensees owning seven AM radio stations, eight FM radio… Continue Reading

FCC Considers Prohibiting Unconditional MFNs and Unreasonable ADMs

By Kathryne Dickerson, Eve K. Reed and Wayne D. Johnsen on Posted in Broadcast Regulation, MVPD Regulation
At its September 29, 2016 open meeting, the Federal Communications Commission (FCC or Commission) adopted a Notice of Proposed Rulemaking (NPRM) in which it proposes rules prohibiting “certain practices some multichannel video programming distributors (MVPDs) use in their negotiations for carriage of video programming” that the Commission believes “may impede competition, diversity, and innovation in… Continue Reading

FCC Meeting Update: Foreign Investment Rules and Independent Programming Proposal, But No Set Top Box Rules

By Wayne D. Johnsen, Eve K. Reed and Ari Meltzer on Posted in Broadcast Regulation, MVPD Regulation
At its September 29, 2016 open meeting, the FCC adopted rules to make it easier for broadcasters to seek approval for foreign ownership, reformed the methodology for publicly traded broadcasters and common carriers to assess compliance with the statutory foreign ownership limits, and proposed rules it believes will strengthen the position of independent programmers in negotiations with… Continue Reading

FTC Workshop Shines Additional Light on Need for Effective Disclosures

By Eve K. Reed on Posted in Advertising Issues, Program Content
At a recent Federal Trade Commission (FTC) workshop, the focus was squarely on how advertisers and marketers should ensure the effectiveness of consumer disclosures, particularly on new digital platforms. Terming the topic one of “exceptional importance” that has been under study for more than one hundred years, FTC Chairwoman Edith Ramirez opened the workshop by… Continue Reading

FCC Bids Adieu to UHF Discount

By Eve K. Reed, Kathryne Dickerson and Ari Meltzer on Posted in Broadcast Regulation
They say all good things must come to an end, and for the FCC’s UHF discount, the end has arrived (pending the outcome of near-certain litigation).  Earlier today, the FCC issued a Report and Order eliminating its 30-year old policy of applying a 50% “discount” to market populations served by UHF stations when calculating compliance with the… Continue Reading

The More Things Change, The More They Stay the Same… FCC Tweaks Broadcast Ownership Rules in 2014 Quadrennial Review Order

By Kathryne Dickerson, Kathleen A. Kirby and Eve K. Reed on Posted in Broadcast Regulation
On August 25, 2016, the FCC released the text of a Second Report & Order that concludes both its 2010 and 2014 “quadrennial review” proceedings (the “2016 Order”). The Commission is required by statute to review its rules governing the ownership of broadcast radio and television stations every four years to determine whether they “are… Continue Reading

FCC Chairman Wheeler Circulates Proposed Media Ownership Rules

By Eve K. Reed and Ari Meltzer on Posted in Broadcast Attribution, Broadcast Regulation
FCC Chairman Tom Wheeler has circulated to his fellow Commissioners a proposed final rule in the 2010/2014 Quadrennial Media Ownership proceeding.  Based on an FCC fact sheet summarizing Chairman Wheeler’s proposal, the new rules would largely keep the existing media ownership regulations in place.  Although the proposed changes are few, some could be significant to… Continue Reading

FCC to Demonstrate New Online Public File Interface on June 13, 2016; New Rules Effective June 24, 2016

By Eve K. Reed, Joan Stewart and Kathleen A. Kirby on Posted in Broadcast Regulation, Political Broadcasting
The Federal Communications Commission (FCC) has announced that it will hold a public demonstration of the expanded Online Public Inspection File (OPIF), which will replace the current Broadcast Public Inspection File (BPIF) and which television and radio stations, cable systems, and satellite television and radio systems will be required to use for their online public files. … Continue Reading

Third Circuit Vacates Joint Sales Agreement Attribution Rule, Expresses Displeasure Regarding FCC Delay in Concluding Quadrennial Reviews, and Orders Mediation Regarding an Eligible Entity Definition

By Eve K. Reed on Posted in Broadcast Attribution, Broadcast Regulation, Transactions
In what will no doubt become quickly known as Prometheus III, the United States Court of Appeals for the Third Circuit has issued its opinion reviewing the latest of the Federal Communications Commission’s (“FCC’s”) decisions (or lack of decisions) in the Quadrennial Review of its media ownership rules pursuant to Section 202(h) of the Telecommunications… Continue Reading