Cinnamon Mueller Client Updates

MVPDs Must Act Quickly to Be Eligible to Receive Reimbursement for Repacking Costs Due to Broadcast Incentive Auction; July 12, 2017 Is When First MVPD Filing Due

June 29, 2017 On April 13, 2017, the FCC released a Public Notice announcing the conclusion of the broadcast television spectrum incentive auction and the start of the 39-month post-auction transition period. Over the next three years, more than 1,000 broadcast stations across the country will be moving to new channels to make room for more mobile wireless services in the upper end of the band. Congress provided for a reimbursement fund of $1.75 billion, which gives repacked broadcasters and MVPDs alike the opportunity to recover the costs of making the necessary changes, but immediate steps must be taken by MVPDs to ensure their eligibility for reimbursement. The reimbursement fund is limited and is widely expected to run out before covering all eligible expenses, making a timely initial MVPD reimbursement filing imperative.

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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.

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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.

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FCC Proposes FY 2017 Cable Regulatory Fees

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.

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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”).

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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.

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