FCC Rules That Cable Operators May Deliver Annual Notices Via Email
June 27, 2017 On June 21, 2017, the FCC released a Declaratory Ruling granting ACA and NCTA’s request that cable operators be able to deliver annual notices via electronic distribution. Specifically, the FCC clarified that cable operators may provide annual notices via e-mail to a verified email address so long as an operator also includes a mechanism for customers to opt out of e-mail delivery and continue to receive paper notices.
FCC Reminds MVPDs of July 10, 2017 Deadline to Pass Through Audible Emergency Information during Linear Programming on “Second Screen” Devices
June 13, 2017 On June 8, 2017, the FCC’s Consumer and Public Affairs Bureau released a Public Notice reminding MVPDs of their upcoming obligation to pass through a secondary audio stream containing audible emergency information when they permit consumers to access linear programming on second screen devices over the MVPD’s network as part of their MVPD services. The compliance deadline for this requirement is July 10, 2017.
May 30, 2017 The FCC has released a Notice of Proposed Rulemaking seeking comment on its proposed regulatory fees for fiscal year 2017. Congress requires the FCC to annually collect regulatory fees to cover its operational costs, and the FCC sets the fees by calculating the proportion of the total number of FCC employees needed to regulate a particular service.
ISPs Must Electronically Submit DMCA Designated Agent by December 31, 2017; Filing Required Even if ISP Previously Paper Filed Agent Information
May 16, 2017 All Internet Service Providers (“ISPs”) that registered a designated agent by paper filing prior to December 1, 2016 must re-register their agent electronically by December 31, 2017 to maintain coverage under the safe harbor protection afforded by section 512 of the Digital Millennium Copyright Act (“DMCA”).
FCC Updates EEO Recruitment EEO Policy; MVPDs Permitted to Use Internet as Sole Recruitment Source
May 1, 2017 On April 21, 2017, the FCC issued a Declaratory Ruling updating the FCC’s policy implementing its equal employment opportunity (“EEO”) rules. Specifically, the FCC found that Internet usage has become sufficiently widespread to permit broadcasters and multichannel video programming distributors (“MVPDs”) to use the Internet as a sole recruitment source to meet the “wide dissemination” requirement in the FCC’s EEO rules.
Congress Uses Congressional Review Act to Repeal 2016 Privacy Order
April 14, 2017 Earlier this month, President Trump signed into law a congressional Joint Resolution pursuant to the Congressional Review Act repealing the new broadband and telecommunications privacy rules adopted last October by the FCC in its 2016 Privacy Order. Because the bulk of the FCC’s new privacy rules had not yet gone into effect, this action effectively returns broadband providers to the status quo prior to adoption of the Order. That is, broadband providers remain classified as Title II telecommunications carriers in their provision of broadband Internet access service under the FCC’s 2015 Open Internet Order and therefore subject to the statutory commands of Sections 201 (acts and practices of common carriers must be just and reasonable), 202 (prohibiting unjustly or unreasonably discriminatory acts or practices), and 222 (protections for customer proprietary network information – CPNI) with respect to safeguarding customer privacy.