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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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Mandate Issues in Third Circuit Media Ownership Case, Causing Reinstatement of Outdated Rules

Posted in Broadcast Attribution, Broadcast Regulation, Ownership Rules, Transactions
On November 29, 2019, the U.S. Court of Appeals for the Third Circuit issued its mandate in the latest chapter of the seemingly never-ending litigation saga concerning the Federal Communications Commission’s (FCC’s) media ownership rules. As a result, the rules left in place by the 2016 broadcast quadrennial review are now again in effect. The… Continue Reading

Proposed Department of Commerce Rules Would Apply to a Broad Range of Radio and Television Broadcasting Equipment Transactions with Foreign Manufacturers

Posted in Broadcast Regulation, Foreign Ownership, Transactions
The Department of Commerce (Department) has proposed regulations that would apply broadly to an expansive range of “transactions” involving information and communications technology and services (ICTS) – including radio and television broadcasting equipment – with foreign entities designated as “foreign adversaries.” These proposed rules would apply not only to traditional “transactions” such as mergers and… Continue Reading

Third Circuit Refusal to Reconsider Media Ownership Decision Means Déjà vu All Over Again

Posted in Broadcast Attribution, Broadcast Regulation
The seemingly never-ending cycle in which the FCC adopts an order in its quadrennial media ownership review only to have that order overturned by a panel of the United States Court of Appeals for the Third Circuit is likely to continue unless the Supreme Court intervenes. On Wednesday, November 20, the Third Circuit denied petitions… Continue Reading

FTC Targets Drug Personal Injury Ads in Warning Letters

Posted in Advertising Issues, FTC
Last week the Federal Trade Commission announced that it sent multiple warning letters about television advertisements soliciting clients for personal injury lawsuits against drug manufacturers.  While not identifying specific ads, the FTC provided some guidance around the kinds of advertisements that it thought may have crossed the line, and suggested language that similar ads should… Continue Reading

Effective January 22, 2019: FCC’s Elimination of Paper Contract Filing Obligation for Broadcasters

Posted in Broadcast Regulation, Ownership Rules
On January 22, 2019, the FCC’s Order eliminating broadcasters’ obligation to file paper copies of contracts pursuant to Section 73.3613 of the Commission’s rules will go into effect. Covered contracts include those related to network affiliations, control of station licenses, certain employment agreements, joint sales agreements (“JSAs”), and local marketing agreements (“LMAs”) (collectively, “Section 73.3613… Continue Reading

FCC To Commence 2018 Quadrennial Review At December Open Meeting

Posted in Broadcast Attribution, Ownership Rules
The Federal Communications Commission has released the draft meeting agenda for its December 2018 open meeting, which includes a Notice of Proposed Rulemaking (NPRM) commencing the 2018 quadrennial review of certain of the agency’s broadcast ownership rules. This review will be the latest in a series conducted pursuant to the Telecommunications Act of 1996, which… Continue Reading

FCC Sets October 12, 2018 Deadline for Registration of United States-Based Foreign Media Outlets

Posted in Broadcast Regulation, Foreign Ownership
The Federal Communications Commission (FCC) has released a public notice setting October 12, 2018 as the initial deadline for “United States-based foreign media outlets” to file reports with the FCC. The reports are required pursuant to the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (NDAA) and must contain certain specified information.… Continue Reading

FCC Seeks Comment on Key TCPA Issues

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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