Cellsite simulators (CS), or stingrays, as used by local law enforcement, likely violate the Communications Act, said Georgetown University Law School Institute for Public Representation Senior Counselor Andrew Schwartzman in a Tuesday blog post. “Even though state and local authorities frequently use federal grants to purchase and deploy CS simulators, it would seem that these officials may not lawfully use them,” Schwartzman wrote in the Benton Foundation post. “Section 301 of the Communications Act prohibits the unauthorized use of any radio transmission device, including CS simulators. Section 301 does not apply to federal officials but since no FCC regulation allows operation of a CS simulator, its operation by state and local authorities (and, most certainly, any non-governmental user) [is] unlawful.” By all appearances, at least some CS simulators jam the signals of licensed carriers, he said: “There is no exception to this requirement for state and local government.”
Cellsite simulators (CS), or stingrays, as used by local law enforcement, likely violate the Communications Act, said Georgetown University Law School Institute for Public Representation Senior Counselor Andrew Schwartzman in a Tuesday blog post. “Even though state and local authorities frequently use federal grants to purchase and deploy CS simulators, it would seem that these officials may not lawfully use them,” Schwartzman wrote in the Benton Foundation post. “Section 301 of the Communications Act prohibits the unauthorized use of any radio transmission device, including CS simulators. Section 301 does not apply to federal officials but since no FCC regulation allows operation of a CS simulator, its operation by state and local authorities (and, most certainly, any non-governmental user) [is] unlawful.” By all appearances, at least some CS simulators jam the signals of licensed carriers, he said: “There is no exception to this requirement for state and local government.”
Political shadows and fog are obscuring the view of what DOJ priorities are in its review of AT&T's proposed buy of Time Warner, with no clear consensus among experts we talked to, due largely to uncertainty about the approach of the incoming Trump administration. "It's very difficult to know what to expect" since the Trump transition team hasn't named key DOJ personnel, such as head of the Antitrust Division, ITTA President Genny Morelli said. Justice, the Trump transition team and AT&T didn't comment.
Political shadows and fog are obscuring the view of what DOJ priorities are in its review of AT&T's proposed buy of Time Warner, with no clear consensus among experts we talked to, due largely to uncertainty about the approach of the incoming Trump administration. "It's very difficult to know what to expect" since the Trump transition team hasn't named key DOJ personnel, such as head of the Antitrust Division, ITTA President Genny Morelli said. Justice, the Trump transition team and AT&T didn't comment.
A court asked AT&T to respond by Jan. 26 to a Bandwidth.com petition to rehear a panel ruling in November that vacated an FCC decision siding with CLEC and VoIP partners in an intercarrier compensation dispute. Absent further court order, no reply to the response will be accepted, said the brief order (in Pacer) Wednesday of the U.S. Court of Appeals for the D.C. Circuit in AT&T v. FCC, No. 15-1059. The D.C. Circuit didn't ask for an FCC response.
A court asked AT&T to respond by Jan. 26 to a Bandwidth.com petition to rehear a panel ruling in November that vacated an FCC decision siding with CLEC and VoIP partners in an intercarrier compensation dispute. Absent further court order, no reply to the response will be accepted, said the brief order (in Pacer) Wednesday of the U.S. Court of Appeals for the D.C. Circuit in AT&T v. FCC, No. 15-1059. The D.C. Circuit didn't ask for an FCC response.
The FCC Media Bureau admonishment Friday evening of Scripps Media and several other broadcasters for violating political advertising disclosure rules is likely to lead to other broadcasters taking care to more closely follow the rules, though no fines were levied, said broadcast and public interest lawyers in interviews. The admonishment orders included clarifications of bureau expectations for how forms disclosing the sources of funding for political ads should be filled out. Georgetown Law Institute for Public Representation Senior Counselor Andrew Schwartzman said that would make it harder for stations to use “evasive legal arguments” to avoid following the rules going forward.
Broadcasters and public interest groups are fighting over whether the upcoming transition at the FCC and the recent holiday season are good enough reasons to extend comment deadlines on petitions to reconsider broadcast ownership rules, in several filings posted in docket 14-50 Friday. “Even in the unprecedented circumstance that every FCC staff person who has previously worked on broadcast ownership reviews accepts an assignment to a different Bureau . . . there is absolutely no reason that FCC staff newly responsible for broadcast ownership would not benefit from a fully briefed docket,” said NAB in opposition to the one-month extension requested by Prometheus Radio Project and Media Mobilizing Project. Nexstar also filed against the public interest request. The opposition filings are “ungracious posturing,” said Georgetown Law Institute for Public Representation Senior Counselor Andrew Schwartzman, who represents the public interest groups.
Jessica Rosenworcel's tenure as FCC commissioner ended Tuesday, as expected (see 1612150068), leaving the commission at a 2-2 split for the next two weeks. Republicans will have a 2-1 majority once Chairman Tom Wheeler steps down Jan. 20. A senior Senate Republican questioned any imminent possibilities for returning Rosenworcel to the FCC in 2017, despite calls from senior Democrats including new Senate Minority Leader Chuck Schumer, D-N.Y., for President Barack Obama to renominate her in Obama’s few remaining days. But he didn't rule out the possibility under the incoming administration of Donald Trump.
Jessica Rosenworcel's tenure as FCC commissioner ended Tuesday, as expected (see 1612150068), leaving the commission at a 2-2 split for the next two weeks. Republicans will have a 2-1 majority once Chairman Tom Wheeler steps down Jan. 20. A senior Senate Republican questioned any imminent possibilities for returning Rosenworcel to the FCC in 2017, despite calls from senior Democrats including new Senate Minority Leader Chuck Schumer, D-N.Y., for President Barack Obama to renominate her in Obama’s few remaining days. But he didn't rule out the possibility under the incoming administration of Donald Trump.