Cinnamon Mueller

February 17, 2012 Client Update

mpetrulis — Mon, 20 Feb 2012 20:40:19 +0000

UPDATE

February 17, 2012

FCC’s Enforcement Bureau Issues Notice of Apparent Liability to Cable Operator For Delaying Access to Public Inspection File

On February 13, 2012, the FCC’s Enforcement Bureau Office in New Orleans issued a Notice of Apparent Liability (“NAL”) to Allen’s TV Cable Service, Inc., for failing to make its public inspection file available upon request during regular business hours. The potential fine was set at $10,000.

According to the NAL, an FCC enforcement agent visited Allen’s TV’s office on October 26, 2011, and requested to inspect the public inspection file. Allen’s TV’s customer service representative refused. The enforcement agent then telephoned Allen’s TV’s CEO, who stated that customer service representatives are not allowed access to the public inspection file unless a manger is present.

FCC rules require cable operators to maintain certain files and records for public inspection during regular business hours. Authorized FCC representatives may also request to view the file at any reasonable hour. While the FCC recognizes that brief, security-related delays to access a public file are reasonable, the FCC issued the NAL even though enforcement agents from the New Orleans Office returned on October 27, 2011, when a manager was present, and observed that Allen’s TV’s public inspection file was complete.

Cable public file and recordkeeping requirements vary with the size of the system. Systems with fewer than 1,000 subscribers have the fewest obligations, while obligations for systems with more than 5,000 subscribers are more extensive.

If you have questions about the FCC’s public file obligations, please contact Scott Friedman at (312) 372-3930 or via email at sfriedman@cm-chi.com.

FCC’s Enforcement Bureau Issues Notice of Apparent Liability to Cable Operator For Failing to Install Emergency Alert System Equipment

On February 13, 2012, the FCC’s Enforcement Bureau Office in Detroit issued a Notice of Apparent Liability for Forfeiture and Order (“NAL”) to Richards TV Cable Co, for failing to install emergency alert system (EAS) equipment. The potential fine was set at $10,000.

The NAL alleged FCC enforcement agents inspected Richards TV’s cable system and observed that it did not have any EAS equipment installed. The cable system owner admitted that the system did not have any EAS equipment and mentioned the company’s inability to find affordable equipment. Agents returned three months later and found no EAS equipment installed. Seven months later the owner reported by telephone that no upgrades had been made.

All cable systems, analog and digital, must comply with EAS requirements on a headend basis. Under FCC rules, cable systems must ensure that EAS encoders, EAS decoders, and attention signal generating and receiving equipment are installed and operational.

Here, because FCC enforcement agents found that Richards TV failed to install its EAS equipment despite repeated warnings, the FCC adjusted its $8,000 base forfeiture amount for failing to have EAS equipment installed or operational upward to $10,000.

If you have questions about your cable system’s obligations under the EAS rules, please contact Bruce Beard at (314) 394-1535 or via email at bbeard@cm-chi.com.

FCC Issues CPNI Enforcement Advisory for CPNI Officer’s Certification Due On or Before March 1, 2012

On February 16, 2012, the FCC released an Enforcement Advisory to promote more widespread compliance for the upcoming round of CPNI Officer Certifications, due on or before March 1, 2012. Failure to submit a timely and complete certification may lead to FCC enforcement action. In past years, the FCC has issued Notices of Apparent Liability proposing fines of up to $20,000 against companies that failed to comply with the certification requirement, late-filed certifications, or incorrectly filed certifications.

FCC rules require an annual compliance certificate, signed by a corporate officer, stating with personal knowledge that the provider has established and followed operating procedures adequate to ensure compliance with the FCC’s CPNI rules. The filing must include a statement explaining how the operating procedures ensure compliance with the FCC’s CPNI rules.

The provider must also include, if applicable, an explanation of any actions taken against data brokers and a summary of all customer complaints concerning any unauthorized release of CPNI received in the past year. The certificate, as well as the information noted above, must be filed in EB Docket No. 06-36, or through the FCC’s CPNI Certification Template (http://apps.fcc.gov/eb/CPNI/).

If you have any questions regarding CPNI or the filing of the officer’s certificate, please contact please contact James Moskowitz at (202) 872-6881 or via email at jmoskowitz@cm-chi.com

Copyright Forms and Fees Due March 1, 2012

Cable operators must file with the U.S. Copyright Office their Statement of Accounts (Form SA1-2 or SA3) and pay any royalty fees due for the July 2011 – December 2011 accounting period by March 1, 2012. The following forms apply:

SA1-2 Short Form. For use by cable television systems with semiannual gross receipts of less than $527,600.
SA3 Long Form. For use by cable television systems with semiannual gross receipts of $527,600 or more.

Copyright royalty fees must be remitted by electronic payment. If you have any questions about copyright forms or fees, please contact Heidi Schmid at (312) 372-3930 or via email at hschmid@cm-chi.com.

FCC Form 477 Due March 1, 2012

The next Form 477 filing is due March 1, 2012 (reporting data as of December 31, 2011). For this filing, the FCC’s electronic system will only recognize 2010 Census tract codes. Further information about the Form 477 and 2010 Census tracts is available online:

Census Tract Information, Filing Instructions, and a Link to File Form 477: http://transition.fcc.gov/form477
2010 Census Tract Reference Maps: http://www.census.gov/geo/www/maps/pl10_map_suite/tract.html
2010 Census Tract Relationship Files: http://www.census.gov/geo/www/2010census/tract_rel/tract_rel.html

For more information about filing Form 477, please contact Scott Friedman at (312) 372-3930 or via email at sfriedman@cm-chi.com.

_________________________________________________________________________________

Please visit our website at www.cinnamonmueller.com http://www.cinnamonmueller.com to learn more about our lawyers and practice. You can reach Cinnamon Mueller at (312) 372-3930. This update is provided by the law firm of Cinnamon Mueller. The document is intended for informational purposes only as a service to clients of Cinnamon Mueller and to the members of the American Cable Association. It is not intended to provide specific legal advice or to substitute obtaining appropriate legal counsel. We encourage you to consult with counsel to address special compliance issues and for assistance in negotiating or handling any such matter referred to in the update.

NCTC’s WEC

mpetrulis — Mon, 20 Feb 2012 16:24:06 +0000

CM attorneys are in Austin February 20th – 21st for NCTC’s WEC conference.

http://www.nctconline.org/wec/about.asp

Congratulations to CM member Barbara Esbin on her 30th anniversary of admittance to the DC bar! We appreciate your dedication to the legal profession!

mpetrulis — Mon, 20 Feb 2012 00:39:00 +0000

February 10, 2012 Special Update for VoIP and Traditional Telephone Providers

mpetrulis — Mon, 13 Feb 2012 16:29:42 +0000

SPECIAL UPDATE FOR VoIP AND TRADITIONAL TELEPHONE PROVIDERS

February 10, 2012

CPNI Officer Compliance Certificate Due On or Before March 1

All interconnected VoIP and voice telephony providers must file their annual CPNI Officer’s Compliance certificate on or before March 1, 2012.

Failure to submit an annual CPNI certification may lead to FCC enforcement action. In past years, the FCC has issued Notices of Apparent Liability proposing fines of up to $20,000 against companies that failed to comply with the certification requirement, late-filed certifications, or incorrectly filed certifications.

Universal Service Annual Reports (499A) Due April 2

All VoIP and voice telephony providers must file their USF annual reports (Form 499A) on or before April 1, 2012. This includes any entity that relies on the de minimus exception for contributions to universal service.

Form 499-A calculates the support contributions an entity must pay into the federal universal service, Telecommunications Relay Service, North America Numbering Plan, and Local Number Portability Administration funds. It is required of all entities providing voice service including those that rely on the de minimus exemption.

VoIP providers must complete the Form 499-A worksheet (available here) using revenue data from the 2011 calendar year.

If you have any questions regarding these filings, please contact James Moskowitz at (202) 872-6881 or jmoskowitz@cm-chi.com, or Bruce Beard at (314) 394-1535 or bbeard@cm-chi.com. _________________________________________________________________________________

February 3, 2012 Client Update

mpetrulis — Mon, 06 Feb 2012 22:16:19 +0000

UPDATE

February 3, 2012

FCC Releases IP Closed Captioning Order

Last month, the FCC adopted rules that will require closed captioning for video programming shown on television with closed captions and distributed using IP (Internet protocol) technology. The FCC adopted these rules in response to Congress’s directive in the 21^st Century Video Accessibility Act.

Under the new rules, video programming owners (“VPOs”) must send program files to video programming distributors (“VPDs”) with captions for programming previously displayed with captions on TV. VPDs, in turn, must render or pass-through captions to end users, “including through the hardware or software that a distributor…makes available for this purpose.”

Below, we briefly summarize the key IP closed captioning requirements.

VPDs. Under the new rules, VPDs make available to end users video programming using IP distribution. That is, distribution over the Internet or “online.” In general, an MVPD distributing video programming online that is not part of its traditional MVPD service will be subject to the rules. This will apply to over-the-top video programming services offered outside the MVPD’s service footprint.

Excluded Entities. MPVDs (i) using IP to distribute video programming under the television closed captioning rules; or (ii) who are also Internet service providers and provide access to video programming distributed by another entity (ex: Amazon, Hulu, Netflix), are not subject to captioning requirements as VPDs.

VPDs Must Render or Pass Through Captions. VPDs are responsible only for enabling the rendering or pass-through of captions included in IP distributed programming. This includes an obligation to ensure that plug-ins, applications, and devices are capable of rendering or passing through the closed captioning.

Good Faith Compliance. The FCC will deem VPDs in compliance if the VPD makes a good faith effort to identify whether video programming received must be captioned, and will not treat de minimis failures to comply as violations of the rules.

Complaint Procedures. The FCC adopted a complaint process similar to that for television closed captioning complaints. Under the new rules:

Consumers must file a complaint within 60 days of experiencing a problem (with the FCC or VPD).
If the consumer files the complaint directly with the VPD, the VPD will have 30 days to respond showing compliance, good faith reliance, or resolution of the problem.
If a VPD fails to respond or resolve the problem, the complainant can re-file the complaint with the FCC. The VPD again will have 30 days to respond.

Contact Information. VPDs must make contact information available to consumers for receipt and handling of complaints. The FCC declined to specify how VPDs must provide this contact information, but expects that VPDs will “prominently display their contact information in a way that it is accessible to all end users of their services.” A general notice on the VPDs website would be sufficient.

This contact information must be updated within 10 business days of any change, and include (i) the name of a person with primary responsibility for Internet protocol captioning issues and who can ensure compliance; and (ii) the person’s title or office, telephone number, fax number, mailing address, and e-mail address.

General Compliance Deadlines. Six months after publication of the rules in the “Federal Register” for programming that is not edited for Internet distribution; 12 months for live and near-live programming; and 18 months for prerecorded programming that is edited for Internet distribution.

Compliance Deadlines for Archival Content. Starting two years after publication of the rules, archival content already in the distributor’s library before it is aired on television with captions must be captioned within 45 days. After three years, such content must be captioned within 30 days, and after four years, such content must be captioned within 15 days.

Compliance Deadlines for Devices. The Order sets Jan. 1, 2014, as the deadline for captioning pass-through for devices used for viewing IP-based programming, such as smartphones, tablets, personal computers, and TV set-top boxes, as well as for integrated viewing software on such devices and for recording devices and removable media players.

For more information about IP closed captioning, please contact Scott Friedman at (312) 372-3930 or via email at sfriedman@cm-chi.com.

Notice Requirements under the FCC’s Rules

FCC regulations require that cable operators provide certain notices to subscribers, broadcast stations, local franchise authorities, and the FCC.

Sending notices make up a key part of the cable business. Notices keep customers informed of their rights and cable operators’ obligations. Sending out proper notices also helps ensure your company’s compliance with the FCC’s regulations. Below, we describe in detail an important notice requirement of which many cable operators may not be aware.

Last August, the FCC’s revised CableCARD rules became effective. Under the revised rules, cable operators must “prominently list the fee for their CableCARDs as a line item on their website and annual rate cards separate from their host devices, and provide such information orally or in writing at a subscriber’s request.”

Specifically, the new rules require cable operators to notify subscribers:

Of any assessed fees for the rental of single and additional CableCARDs and the rental of operator-supplied navigation devices; and
If the provider includes equipment in the price of a bundled offer of one or more services, the fees reasonably allocable to the rental of single and additional CableCARDs and the rental of operator-supplied navigation devices.

Cable operators must provide this notice (i) at the time of installation; (ii) annually; (iii) at any time upon request; and (iv) on websites (readily accessible to members of the public) or billing inserts. For more information about cable operators’ notice requirements, please contact Scott Friedman at (312) 372-3930 or via email at sfriedman@cm-chi.com.

Copyright Forms and Fees Due March 1, 2012

SA1-2 Short Form. For use by cable television systems with semiannual gross receipts of less than $527,600.
SA3 Long Form. For use by cable television systems with semiannual gross receipts of $527,600 or more.

CPNI Officer’s Certificate Due On or Before March 1, 2012

The FCC’s CPNI rules require that an officer of an interconnected VoIP provider file an annual certificate with the FCC stating that the officer has personal knowledge that the provider has established operating procedures adequate to ensure compliance with the FCC’s CPNI rules. The carrier must also provide a statement explaining how its operating procedures ensure that it is in compliance with the FCC’s CPNI rules. The annual certificate for 2011 must be filed on or before March 1, 2012.

The provider must also include, if applicable, an explanation of any actions taken against data brokers and a summary of all customer complaints concerning the unauthorized release of CPNI received in the past year. The officer’s certificate, as well as the information noted above, must be filed in EB Docket No. 06-36.

If you have any questions regarding CPNI or the filing of the officer’s certificate, please contact Bruce Beard at (314) 394-1535 or via email at bbeard@cm-chi.com.

FCC Form 477 Due March 1, 2012

Census Tract Information, Filing Instructions, and a Link to File Form 477: http://transition.fcc.gov/form477
2010 Census Tract Reference Maps: http://www.census.gov/geo/www/maps/pl10_map_suite/tract.html
2010 Census Tract Relationship Files: http://www.census.gov/geo/www/2010census/tract_rel/tract_rel.html

For more information about filing Form 477, please contact Scott Friedman at (312) 372-3930 or via email at sfriedman@cm-chi.com.

_________________________________________________________________________________

January 20, 2012 Client Update

mpetrulis — Mon, 23 Jan 2012 23:00:22 +0000

UPDATE

January 20, 2012

FCC Releases EAS Order Outlining CAP Requirements

On January 10, 2012, the FCC released a Report and Order adopting rules requiring that Emergency Alert System (“EAS”) Participants be able to receive and transmit Common Alerting Protocol (“CAP”)-formatted messages. In addition, the FCC took steps to streamline its rules to improve the overall effectiveness of the EAS.

Despite the FCC’s statements that new costs and obligations would be minimal, the new rules may create new operational and cost burdens for small cable operators. These burdens include both new filing and other regulatory requirements and new costs associated with the requirement that all headends have Internet access capabilities.

The deadline to comply with the CAP requirements is June 30, 2012.

We summarize below the CAP compliance requirements imposed on EAS Participants, including cable operators.

CAP Compliance Requirements for All EAS Participants.

EAS Participants must be able to convert CAP-formatted EAS messages into messages that comply with the EAS Protocol requirements, following the procedures set forth in the EAS-CAP Industry Group’s ECIG Implementation Guide.
EAS Participants may use intermediary devices in tandem with existing legacy EAS equipment to meet CAP-related obligations.
EAS Participants must monitor the operational readiness of all equipment used as part of the EAS, including any intermediary devices used.
EAS Participants must monitor FEMA’s IPAWS system for federal CAP-formatted alert messages using any interface technology the EAS Participant deems appropriate.
EAS Participants must use the enhanced text in CAP messages to meet the EAS video display requirements.
Presidential Emergency Action Notification (“EAN”) messages must receive priority over all other EAS messages, regardless of format.
Equipment used to implement CAP must be certified by the FCC.

Waivers for Small Cable Systems. The FCC declined to grant a blanket exemption from the EAS rules for cable systems with fewer than 500 subscribers on the grounds that access to the Internet is unreasonably expensive or that the purchase of CAP equipment is cost prohibitive. Instead, the FCC will consider waivers on a case-by-case basis and will generally review the facts and circumstances on their own merits.

At the same time, the FCC stated that the physical unavailability of broadband Internet service offers a presumption in favor of a waiver from the EAS rules, although waivers based on the lack of access to broadband Internet service would likely only be granted for six-month intervals. In addition, cable operators may base individual waiver requests on financial hardship and argue that access to the Internet is unreasonably expensive or that costs associated with CAP equipment are prohibitive.

If you have questions related to EAS or CAP compliance, please contact Bruce Beard at (314) 394-1535 or via email at bbeard@cm-chi.com.

FCC Begins Review of Sports Blackout Rules

On January 12, 2012, the FCC opened a proceeding requesting comment on whether it should eliminate the sports blackout rules for cable and satellite television providers. The FCC opened the proceeding in response to a petition filed last November by industry and consumer groups.

FCC rules permit professional sports leagues – such as the NFL – to prevent cable and satellite providers from offering live coverage of a local sporting event when the game is subject to blackout on local broadcast television.

Comments are due February 13, 2012. Reply comments are due February 28, 2012.

If you have questions about the sports blackout rules, or are interested in filing comments, please contact Scott Friedman at (312) 372-3930 or via email at sfriedman@cm-chi.com.

Copyright Forms and Fees Due March 1, 2012

Cable operators must file with the U.S. Copyright Office their Statement of Account (Form SA1-2 or SA3) and pay any royalty fees due for the July 2011 – December 2011 accounting period by March 1, 2012. The following forms apply:

SA1-2 Short Form. For use by cable television systems with semiannual gross receipts of less than $527,600.
SA3 Long Form. For use by cable television systems with semiannual gross receipts of $527,600 or more.

If you have any questions about copyright forms or fees, please contact Heidi Schmid at (312) 372-3930 or via email at hschmid@cm-chi.com.

FCC Form 477 Due March 1, 2012

To promote compliance with the FCC’s Form 477 filing rules, the FCC’s Enforcement Bureau released an Enforcement Advisory reminding broadband and interconnected VoIP providers of the March 1, 2012 filing deadline. In addition, the FCC warned that it will take appropriate enforcement action against non-compliant companies.

The FCC noted three recurring deficiencies: (i) failing to file data in a timely fashion, if at all; (ii) failing to have a company official certify that the information submitted is correct; and (iii) filing incomplete or inaccurate data.

Census Tract Information, Filing Instructions, and a Link to File Form 477: http://transition.fcc.gov/form477
2010 Census Tract Reference Maps: http://www.census.gov/geo/www/maps/pl10_map_suite/tract.html
2010 Census Tract Relationship Files: http://www.census.gov/geo/www/2010census/tract_rel/tract_rel.html

For more information about filing Form 477, please contact Scott Friedman at (312) 372-3930 or via email at sfriedman@cm-chi.com.

CPNI Officer’s Certificate Due On or Before March 1, 2012

In past years, the FCC has issued Public Notices in January and February offering further guidance regarding the filing of the officer’s certificate, including an acceptable sample form. Use of the sample form is not mandatory provided all required information is included.

If you have any questions regarding CPNI or the filing of the officer’s certificate, please contact Bruce Beard at (314) 394-1535 or via email at bbeard@cm-chi.com.

_________________________________________________________________________________

Barbara Esbin Rises At Cinnamon Mueller

mpetrulis — Thu, 12 Jan 2012 16:26:28 +0000

Barbara Esbin Rises At Cinnamon Mueller

Also available at Multichannel News website.

Barbara Esbin Named Managing Partner, Cinnamon Mueller DC Office

mpetrulis — Tue, 10 Jan 2012 20:50:44 +0000

BARBARA ESBIN NAMED MANAGING PARTNER, CINNAMON MUELLER DC OFFICE

Nationally Recognized Authority On Federal Broadband Regulation, Media Mergers, And Cable Regulation To Manage Firm’s Washington, D.C., Office

CHICAGO, January 9, 2012 — Barbara S. Esbin has been named a partner of the Cinnamon Mueller law firm (CM), assuming the role of managing partner of the firm’s growing Washington, D.C. office. Esbin joined the firm in 2010, after an extended tenure as a senior Federal Communications Commission attorney, and following influential work as a Senior Fellow and Director at the Progress & Freedom Foundation (PFF). Esbin leads the team representing the American Cable Association, the leading national trade association for small and medium-sized. She has also represents a wide variety of cable and telecommunications clients, advising on the FCC’s emerging broadband regulations, cable and telecommunications regulatory matters, and access to content, both traditional and online.

“Barbara is an exemplary lawyer and a wonderful colleague. ACA and all our clients have benefited immensely from her experience and judgment in dealing with broadband regulation, media ownership, and the FCC,” said Chris Cinnamon, CM’s chief executive officer. “I am delighted she has become a partner of the firm.”

American Cable Association President and CEO Matthew M. Polka commented, “I am pleased to hear of Barbara’s advancement at CM. She has been an outstanding addition to the team. ACA will rely on her insight and counsel as face the challenges of 2012 and beyond.”

Esbin has extensive experience in broadband regulation, having contributed to FCC broadband policy beginning in 1996. At the FCC, Esbin’s positions included Associate Media Bureau Chief, with significant responsibility for evaluating major media combinations, including News Corp./DirecTV, and handling a wide range of cable, wireless and telecommunications regulatory proceedings and cases. At PFF, Esbin authored comments and briefs throughout the Comcast/BitTorrent case, which was ultimately decided much as she had advocated.

Esbin earned her J.D. with distinction from Duke University School of Law and her B.A. from Antioch College.

About Cinnamon Mueller

With offices in Chicago, D.C., and St. Louis, CM concentrates its practice on the small and medium-sized cable sector, representing cable and telecommunications providers throughout the U.S. on regulatory, transactional, and litigation matters. CM serves as outside counsel to the American Cable Association, representing ACA before the FCC and other federal agencies.

January 6, 2012 Client Update

mpetrulis — Mon, 09 Jan 2012 17:57:54 +0000

UPDATE

January 6, 2012

Electronic Filing for Cable Special Relief and Cable Show Cause Petitions Now Mandatory

The Media Bureau recently announced that, effective January 3, 2012, the FCC will no longer accept new Cable Special Relief and Cable Show Cause petitions filed on paper. These petitions must now be submitted electronically through the FCC’s Electronic Comment Filing System, http://www.fcc.gov/ecfs, in MB Docket No. 12-1.

Upon review and acceptance of each petition, the Media Bureau will place the petition on public notice, assign a CSR or CSC number to the petition, and assign a new docket number for parties to file comments or oppositions.

Anyone may search for petitions electronically filed in MB Docket No. 12-1. Once the Media Bureau puts a petition on public notice, the petition can be found using the newly assigned docket number or CSR or CSC number.

If you have questions about new electronic filing requirements, please contact Scott Friedman at (312) 372-3930 or via email at sfriedman@cm-chi.com.

Political Advertising Primer

With Presidential primary election season beginning, cable operators have begun to receive requests from candidates for advertising time. Federal law and FCC regulations govern the rates and terms for candidate advertising. Key provisions of the FCC’s regulations include:

Cable operators are not obligated to provide political candidates access to cable systems. If a cable operator permits “use” of its system by a legally qualified candidate, it must afford “equal opportunities to all other candidates for that office.”
Candidate appearances on a bona fide newscast, bona fide news interview, bona fide news documentary (if the appearance of the candidate is incidental to the subject of the documentary), or on-the-spot coverage of bona fide news events (including political conventions) do not trigger the equal opportunity requirements.
For candidate advertising – except for periods before a primary, general, or special election – the system shall charge no more than the rates for comparable use of the system by commercial advertisers. Discounts and other terms offered to commercial advertisers must be disclosed and offered to political advertisers.
During the 45 days before a primary, and the 60 days before a general or special election, the cable system may charge legally qualified candidates for public office no more than the “lowest unit charge” for advertising time. The “lowest unit charge” is the amount that the system charges “its most favored commercial advertisers for the same classes and amounts of time for the same periods.” In calculating the lowest unit charge, cable operators must take into account any practices offered to commercial advertisers that enhance the value of advertising spots, such as bonus spots, time-sensitive make goods, and preemption priorities.
Cable systems providing political advertising must maintain a political advertising file of all candidate requests for time and the disposition of those requests. Any records maintained in the file must be kept for two years.

If you have questions about political advertising, please call Scott Friedman or Heidi Schmid at (312) 372-3930 or via email at sfriedman@cm-chi.com or hschmid@cm-chi.com.

FCC Form 477 Enforcement Advisory – Form 477 Filing Due March 1, 2012

Census Tract Information, Filing Instructions, and a Link to File Form 477: http://transition.fcc.gov/form477
2010 Census Tract Reference Maps: http://www.census.gov/geo/www/maps/pl10_map_suite/tract.html
2010 Census Tract Relationship Files: http://www.census.gov/geo/www/2010census/tract_rel/tract_rel.html

For more information about filing Form 477, please contact Scott Friedman at (312) 372-3930 or via email at sfriedman@cm-chi.com.

SA1-2 Short Form. For use by cable television systems with semiannual gross receipts of less than $527,600.
SA3 Long Form. For use by cable television systems with semiannual gross receipts of $527,600 or more.

If you have any questions about copyright forms or fees, please contact Heidi Schmid at (312) 372-3930 or via email at hschmid@cm-chi.com.

CPNI Officer’s Certificate Due On or Before March 1, 2012

If you have any questions regarding CPNI or the filing of the officer’s certificate, please contact Bruce Beard at (636) 778-0646 or via email at bbeard@cm-chi.com. _________________________________________________________________________________

December 16, 2011 Client Update

mpetrulis — Mon, 19 Dec 2011 22:32:03 +0000

UPDATE

December 16, 2011

HAPPY HOLIDAYS FROM CINNAMON MUELLER!

FCC Adopts CALM Act Rules – New Rules Address TV Commercial Volumes

On December 13, 2011, the FCC adopted an Order implementing rules in response to the 2010 Commercial Advertisement Loudness Mitigation Act (the “CALM Act”). The rules require broadcast stations and MVPDs, beginning December 13, 2012, to ensure that all commercials are transmitted to consumers at the appropriate loudness level. The rules cover advertisements locally inserted by MVPDs and those that come embedded from a content provider.

For MVPDs that locally insert commercials, the FCC will assume compliance if the MVPD:

Has installed the required equipment (under the A/85 Recommended Practice, a standard adopted by the ATSC) ;
Uses the equipment in connection with the insertions; and
Keeps the equipment in good working order (with records showing the equipment’s use and that the equipment has undergone periodic maintenance and testing).

For embedded commercials, MVPDs can rely on a “safe harbor” to prove compliance:

For certified programming, the MVPD may rely on a programmer’s certification if the MVPD has no reason to believe the certification is false.
For non-certified programming, MVPDs with over 10 million subscribers must annually spot check 100% of non-certified programming, and MVPDs with between 400,000 and 10 million subscribers must annually spot check 50% of non-certified programming. MVPDs with less than 400,000 subscribers are exempt from these spot check obligations.

If you have any questions about the CALM Act rules, please contact Scott Friedman at (312) 372-3930 or via email at sfriedman@cm-chi.com.

FCC Issues Form 477 Enforcement Advisory – Form 477 Filing Due March 1, 2012

To promote compliance with the FCC’s Form 477 filing rules, the FCC’s Enforcement Bureau recently released an Enforcement Advisory reminding broadband and interconnected VoIP providers of the March 1, 2012 filing deadline. In addition, the FCC warned that it will take appropriate enforcement action against non-compliant companies.

Census Tract Information, Filing Instructions, and a Link to File Form 477: http://transition.fcc.gov/form477
2010 Census Tract Reference Maps: http://www.census.gov/geo/www/maps/pl10_map_suite/tract.html
2010 Census Tract Relationship Files: http://www.census.gov/geo/www/2010census/tract_rel/tract_rel.html

For more information about filing Form 477, please contact Scott Friedman at (312) 372-3930 or via email at sfriedman@cm-chi.com.

SA1-2 Short Form. For use by cable television systems with semiannual gross receipts of less than $527,600.
SA3 Long Form. For use by cable television systems with semiannual gross receipts of $527,600 or more.

If you have any questions about copyright forms or fees, please contact Heidi Schmid at (312) 372-3930 or via email at hschmid@cm-chi.com.

CPNI Officer’s Certificate Due On or Before March 1, 2012

If you have any questions regarding CPNI or the filing of the officer’s certificate, please contact Bruce Beard at (636) 778-0646 or via email at bbeard@cm-chi.com.

__________________________________________________________________________________