Category Archives: New Media

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Rhode Island Wants to be the First State to Offer 5G; Releases RFI

The state of Rhode Island plans to be the first state to test and launch next generation 5G networks, seeking to make 5G available to all of its communities.  This past week, Governor Gina Raimondo announced a joint effort by the Public Utilities Commission, Division of Public Utilities and Carriers, and the Office of Innovation … Continue Reading

US Ignite Announces up to $10 Million in Funding for Gigabit Applications

On March 18, 2016, the National Science Foundation (NSF) released a solicitation for up to $10 million for US Ignite: Networking Research and Application Prototypes Leading to Smart and Connected Communities, which funds the development of gigabit applications that can leverage existing, advanced network infrastructure.  The current solicitation requests applications within two Focus Areas: 1) … Continue Reading

Revival of Cookie Litigation Highlights Risks Associated with Mobile Tracking Technologies

On November 10, 2015, the U.S. Court of Appeals for the Third Circuit revived several privacy claims against Google pertaining to the Internet company’s practice of side-stepping “cookie blockers” on Microsoft’s Internet Explorer and Apple’s Safari browsers. The Third Circuit found that Google could be required to respond to claims that it intentionally circumvented “cookie blockers” … Continue Reading

Obama Administration Announces $100 million in TechHire Grants to Support IT, Cybersecurity, Broadband Sector Training

On November 17, 2015, the Department of Labor (DOL) and the White House issued a funding announcement releasing $100 million in grants as a part of the Obama Administration’s TechHire Initiative, which specifically calls out funding to train workers in the cybersecurity and broadband industries.  DOL’s Employment and Training Administration (ETA) expects to award 30-40 … Continue Reading

Kelley Drye Attorney Kristi Wolff Selected to Speak at Upcoming Women in Technology International Summit

The global wearables market is estimated to grow at a compound annual rate of 35 percent over the next five years, with smartwatches leading the charge.  But where is the technology headed, and what will it take for wearables to become mainstream?  With the proliferation of smart devices, what are business and legal best practices for … Continue Reading

Second Circuit Cuts the Cord on Aereo’s Cable Company Argument

Earlier this summer, the Supreme Court overturned a favorable district court ruling, finding that Aereo’s television streaming service violated U.S. Copyright law.  After the 6-3 decision, the case was remanded to the Second Circuit Court of Appeals.  There, Aereo argued that the court should treat the company like a cable system, which would allow the … Continue Reading

FCC Requires Closed Captions for Online Video Clips

On July 11, 2014, the FCC adopted a Second Order on Reconsideration and Second Further Notice of Proposed Rulemaking responding to a coalition of consumer groups that had pushed the FCC to reconsider its position and require that programming distributors (broadcast, cable, and satellite) include closed captioning for certain IP-delivered video clips.  The new rules will … Continue Reading

On the Heels of Aereo, FCC Takes a Firm (and Expensive) Stance in Retransmission Consent Case

Yesterday, the FCC issued a $2.25 million Forfeiture Order against TV Max Inc. (and its affiliates and subsidiaries) for “willfully and repeatedly” violating Section 325 of the Communications Act.  The fine reflects the amount proposed in the FCC’s June 2013 Notice of Apparent Liability.  In a post-Aereo world, the FCC seems to be taking retransmission violations … Continue Reading

Supreme Court Backs Broadcasters Over Aereo, But There’s More to Come

In a 6-3 decision today, the Supreme Court of the United States held that Aereo’s “watch” streaming service of television broadcasting channels violated the Copyright Act. The decision is a setback for the start-up, but a victory for television broadcasters, including ABC, CBS, NBC, and Fox, each of which sued the company for copyright infringement. … Continue Reading

Mobile App Provider Seeks Clarification on Applicability of the TCPA to OTT Texting Services

With class action cases proliferating, the Federal Communications Commission (“FCC”) continues to receive petitions seeking guidance on the applicability of its rules to various calling or texting scenarios. In the latest example, the FCC issued a Public Notice seeking comment on a Petition for Declaratory Ruling filed by TextMe, Inc. (“TextMe”). TextMe provides a free mobile telephone app … Continue Reading

FCC Video Competition Proceeding To Address Online Video Distribution

Since 1992, the Federal Communications Commission (“FCC”) has been required to report to the U.S. Congress on the state of video competition. These reports are not often the most compelling reads available. With the rise of “over the top” online video distribution providers (“OVD”), this year’s report could be more interesting than usual. The dilemma … Continue Reading

FCC Wades Back Into Cramming Issue

 In a move that appears aimed to maximize options for new Chairman Tom Wheeler when he assumes office, the FCC turned its attention again to its rules to address unauthorized charges on telephone bills, known colloquially as "cramming."  The FCC is asking parties to refresh the record in its docket considering rules for landline and … Continue Reading

FCC Clarifies Closed-Captioning Requirements for Video Programming Delivered Using IP and Apparatus Used by Consumers

  David Darwin co-authored this post. Last Friday, the FCC clarified several aspects of the complex closed-captioning regulations adopted last year applicable to service and content providers using Internet protocol (IP) to deliver video programming and to certain devices used by consumers watch video programming. In January 2012, the FCC had issued a Report and … Continue Reading

FCC Permits Confirmatory Opt-Out Texts Under TCPA

Jameson Dempsey co-authored this post. In a ruling that FCC Commissioner Ajit Pai described as “a win for consumers and for innovative companies alike,” the FCC granted a petition for declaratory ruling filed by SoundBite Communications, Inc., finding that one-time text messages confirming a consumer’s request not to receive any future text messages do not … Continue Reading

Kelley Drye’s “The Smart Phone Revolution” Webinar Recording and Presentation

Mobile marketing, sweepstakes and services, including location-based services, are governed by an alphabet soup of statutes and regulations: TCPA, COPPA, CAN-SPAM, CPNI, etc. To complicate compliance even further, numerous class action lawsuits in state and federal courts have addressed issues and nuances that the Federal Communications Commission, Federal Trade Commission, and state regulatory agencies or … Continue Reading

Register Today for the Kelley Drye Webinar “The Smartphone Revolution”

Mobile marketing, sweepstakes and services, including location-based services, are governed by an alphabet soup of statutes and regulations: TCPA, COPPA, CAN-SPAM, CPNI, etc. To complicate compliance even further, numerous class action lawsuits in state and federal courts have addressed issues and nuances that the Federal Communications Commission, Federal Trade Commission, and state regulatory agencies or … Continue Reading

What FCC v. Fox Television Means for Non-Broadcasters

In FCC v. Fox Television Stations, Inc., the US Supreme Court reversed FCC indecency fines against two TV broadcast networks.   The decision has garnered a lot of attention in the broadcast industry and conventional media (and rightly so).   News stories describe the decision as a clear victory for broadcasters.  Many commentators also noted … Continue Reading

FCC Seeks Comment on Privacy and Security of Information Stored on Mobile Phones and Other Devices

Days before tomorrow’s Federal Trade Commission (FTC) Workshop on Mobile Disclosures, the FCC weighed in with a pair of releases on privacy and security issues raised by mobile devices.  In the first item released on Friday, the FCC is seeking to refresh its record regarding the privacy and data security practices of mobile wireless service … Continue Reading

Insights from Kelley Drye’s 4th Annual Privacy Seminar

On February 16, 2012, Kelley Drye & Warren LLP hosted the seminar and audiocast, “Privacy in 2012: What to Watch Regarding COPPA, Mobile Apps, and Evolving Law Enforcement and Public Policy Trends.” The seminar highlighted regulatory and legislative developments in privacy and information security during the past year, with an emphasis on children’s online privacy … Continue Reading

Does Enforcement Lurk Behind the New Wireless Industry Customer Billing Alerts?

According to FierceWireless and other news sources, the wireless industry announced this morning an agreement with the FCC and consumer groups to provide free text alerts to consumers before they exceed their plan limits on voice minutes, text messages, data usage or international roaming.  The press release is available on the CTIA website here.  A good … Continue Reading

FCC Asked (Again) to Classify Text Messaging

Once again, USAC and the federal Universal Service Fund are driving fundamental classification questions regarding telecom services.  In the latest example, USAC has requested the FCC’s guidance on how to treat text messaging services for universal service purposes.  Several parties have tried before to have the FCC opine on the classification of text messaging services, with no luck … Continue Reading

FCC Completes “Mystery Fees” Investigation of Verizon Wireless Data Charges

This order stands in stark contrast to the nominal CPNI settlements, odd refund provisions and low-ball forfeiture penalties we’ve discussed in this blog.  Today, the FCC announced an eye-popping $25 million settlement with Verizon Wireless in its investigation of Verizon’s unauthorized billing of wireless data charges.  The so-called "mystery fees" investigation stemmed from allegations that Verizon Wireless was … Continue Reading

Text Messaging Provider Sues T-Mobile for Unlawful Call Blocking

As consumers increasingly rely on mobile phones, marketers naturally are following.  Text messaging, in particular, has proven to be a popular marketing method.  It is not surprising, therefore, that we are seeing in increase in litigation over the obligations of senders and mobile carriers with respect to text messaging campaigns.  The latest example of this trend … Continue Reading
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