United States: Media, Telecoms, IT, Entertainment

The U.S. Department of Transportation has launched the Mobile Network Aviation Assessment Program to evaluate whether commercial cellular networks can support safe separation of manned and unmanned aircraft in shared airspace. This initiative addresses the urgent need for reliable communications and navigation capabilities as drone operations rapidly expand into traditional aviation corridors, with testing authorized through 2029 to inform future regulatory decisions.

As Congress prepares for the 2027 legislative agenda, several critical technology and telecommunications policy initiatives are poised to shape federal policymaking. From broadband infrastructure funding and Universal Service Fund reform to artificial intelligence governance and children's online safety, lawmakers face complex decisions that will impact innovation, competition, and consumer protection in the digital age.

There was a significant ruling in the Doe v. Github case involving training of AI code generator models on open source. The United States Court of Appeals for The Ninth Circuit affirmed the district court ruling dismissing part of an action brought under the Digital Millennium Copyright Act (“DMCA”) by programmers against GitHub, Inc., and other defendants. The issues centered on whether defendants removed copyright management information (CMI) from content used to train the AI code generator models.

As Congress prepares for the 2027 legislative agenda, several critical technology and telecommunications policy initiatives are poised to shape federal policymaking. From broadband infrastructure funding and Universal Service Fund reform to artificial intelligence governance and children's online safety, lawmakers face complex decisions that will impact innovation, competition, and consumer protection in the digital age.

On Sept. 9, 2026, the Federal Communications Commission released a draft Report and Order and Further Notice of Proposed Rulemaking that would, if adopted, substantially revise its consent and opt-out requirements for calls and texts, which the draft references collectively as “robocalls,” under the Telephone Consumer Protection Act (TCPA).

FEMA and the FCC will conduct a nationwide test of the Emergency Alert System on November 17, 2026, requiring participation from all radio and television stations, cable systems, and satellite services. EAS Participants must file three separate forms through the EAS Test Reporting System, with specific deadlines ranging from October 30, 2026, through January 2027. Certain translator and repeater stations are exempt from the registration and filing requirements.

The Protect College Sports Act is advancing through the US Senate, but critical questions remain unresolved that could fundamentally reshape college athletics. While the legislation addresses conference realignment and antitrust concerns, it leaves three pivotal issues undecided: whether student-athletes should be classified as employees, how Title IX applies to revenue-sharing payments, and whether international athletes on F-1 visas can legally receive such payments.

Universal Music Group's lawsuit against DistroKid raises a critical question about AI disclosure in consumer markets: when does the use of artificial intelligence become material information that must be disclosed to consumers? The case centers on allegations that DistroKid distributed mass-generated AI music while creating the impression it was created by legitimate human artists, potentially violating existing consumer protection laws even without specific AI disclosure requirements.

The Trademark Trial and Appeal Board recently affirmed that a specific shade of bright green (Pantone 2297C) cannot be registered as a trademark for construction tripod legs due to functionality concerns. The decision highlights the complex interplay between color marks, safety features, and competitive disadvantage in trademark law, examining how high-visibility colors serve essential purposes beyond source identification.

The Federal Trade Commission is exploring whether to revise its Trade Regulation Rule on Impersonation of Government and Businesses to address how online platforms' ad-optimization practices may be enabling impersonation scams. Through an Advance Notice of Proposed Rulemaking, the FTC seeks public comment on potential new obligations for social media, search engines, and digital marketplace platforms to prevent fraudulent ads from reaching consumers.

The Federal Trade Commission is exploring whether to revise its Trade Regulation Rule on Impersonation of Government and Businesses to address how online platforms' ad-optimization practices may be enabling impersonation scams. Through an Advance Notice of Proposed Rulemaking, the FTC seeks public input on potential new obligations for social media, search engines, and digital marketplace platforms to prevent fraudulent ads from reaching consumers.

The Federal Trade Commission has issued new guidance requiring auto dealers to display transparent, all-inclusive pricing in their advertisements. The guidance mandates that advertised prices must reflect the actual amount any consumer can pay, with only government-required charges excluded, and applies across all advertising media including online platforms.