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40-719: The All-Channel Receiver Act provides that the Federal Communications Commission shall "have authority to require that apparatus designed to receive television pictures broadcast simultaneously with sound be capable of adequately receiving all frequencies allocated by the Commission to television broadcasting." Under authority provided by the All Channel Receiver Act, the FCC adopted a number of technical standards to increase parity between

80-428: A dispute than the injunction. In the state of New South Wales , a court may grant an apprehended violence order (AVO) to a person who fears violence, harassment, abuse, or stalking . The order prohibits the defendant from assaulting, harassing, threatening, stalking, or intimidating the person seeking the order. Other conditions may be included, such as a prohibition against contacting the person or attempting to find

120-470: A drop that was only partially compensated for by field upgrades or the availability of UHF converters for separate purchase. By 1961, with 83 commercial UHF stations still on-air, the number of new TVs capable of receiving UHF as well as VHF channels had fallen to a record low of 5.5% with a small number of viable stations situated in localities where a lack of available VHF frequencies had forced early expansion onto UHF. While public educational television

160-621: A federal court in the 1920s effectively barred the United Mine Workers of America from talking to workers who had signed yellow dog contracts with their employers. Unable to limit what they called "government by injunction" in the courts, labor and its allies persuaded the United States Congress in 1932 to pass the Norris-LaGuardia Act , which imposed so many procedural and substantive limits on

200-530: A net cost on consumers, thus obviating the role of antitrust enforcement. Interim injunctions or interim orders are granted as a means of providing interim relief while a case is being heard, to prevent actions being implemented which potentially may be barred by a final ruling. In England and Wales, injunctions whose existence and details may not be legally reported, in addition to facts or allegations which may not be disclosed, have been issued; they have been informally dubbed "super-injunctions". An example

240-484: A party seeks injunctive relief to enforce the grievance arbitration provisions of a collective bargaining agreement . Second, injunctions were crucial to the second half of the twentieth century in the desegregation of American schools. Federal courts gave injunctions that carried out the command of Brown v Board of Education to integrate public schools in the United States, and at times courts took over

280-497: A preliminary injunction tend to be the same as for a permanent injunction, with the additional requirement that the party asking for the injunction is likely to succeed on the merits. Permanent injunctions are issued after trial. Different federal and state courts sometimes have slightly different requirements for obtaining a permanent injunction. The Supreme Court enumerated the traditional four-factor test in eBay Inc. v. MercExchange, L.L.C. as: The balance of hardships inquiry

320-492: A proper motion to the court) if circumstances change in the future. These features of the injunction allow a court granting one to manage the behavior of the parties. That is the most important distinction between the injunction and another non-monetary remedy in American law, the declaratory judgment . Another way these two remedies are distinguished is that the declaratory judgment is sometimes available at an earlier point in

360-701: A super-injunction but also including an order that the injunction must not be discussed with members of Parliament, journalists, or lawyers. One known hyper-injunction was obtained at the High Court in 2006, preventing its subject from saying that paint used in water tanks on passenger ships can break down and release potentially toxic chemicals. This example became public knowledge in Parliament under parliamentary privilege. By May 2011, Private Eye claimed to be aware of 53 super-injunctions and anonymised privacy injunctions, though Lord Neuberger's report into

400-475: Is also sometimes called the "undue hardship defense". A stay pending appeal is a mechanism allowing a losing party to delay enforcement of an injunction while appeal is pending after final judgment has been granted by a lower court. The DOJ and the FTC have investigated patent holders in the United States for seeking preliminary injunctions against accused infringers of standard-essential patents , or patents that

440-504: Is an equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. "When a court employs the extraordinary remedy of injunction, it directs the conduct of a party, and does so with the backing of its full coercive powers ." A party that fails to comply with an injunction faces criminal or civil penalties , including possible monetary sanctions and even imprisonment . They can also be charged with contempt of court . The injunction

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480-594: Is an equitable remedy, that is, a remedy that originated in the English courts of equity . Like other equitable remedies, it has traditionally been given when a wrong cannot be effectively remedied by an award of money damages. (The doctrine that reflects this is the requirement that an injunction can be given only when there is "no adequate remedy at law.") Injunctions are intended to make whole again someone whose rights have been violated. Nevertheless, when deciding whether to grant an injunction, courts also take into account

520-409: Is called a "mandatory injunction." An injunction that prohibits conduct is called a "prohibitory injunction." Many injunctions are both—that is, they have both mandatory and prohibitory components, because they require some conduct and forbid other conduct. When an injunction is given, it can be enforced with equitable enforcement mechanisms such as contempt. It can also be modified or dissolved (upon

560-470: Is likely to succeed on the merits, that he is likely to suffer severe harm in the absence of preliminary relief, and that an injunction is in the public interest. In Turkish law, interim injunction is an extraordinary remedy that is never awarded as of right. In each case, courts balance the competing claims of injury and consider the likely hardship on the defendant. Injunctions have been especially important at two moments in American history. First, in

600-406: Is usually to preserve the status quo until the court is able to decide the case. A special kind of injunction that may be issued before trial is called a "temporary restraining order" or TRO. A TRO may be issued without notice to the other party or a hearing. A TRO will be given only for a short period of time before a court can schedule a hearing at which the restrained person may appear and contest

640-571: The de facto standard, the vast majority of stations do not transmit a mobile-TV signal, which will leave viewers with these devices unable to receive most broadcasts. Because LPTV stations have already had their limited financial resources drained by having to buy and install new digital equipment, it is unlikely that any LPTV stations will be seen on mobile TV because of this waiver, which also applies to other companies. It has been proposed in 2009 to require HD Radio receivers to be included in all satellite radio ( SDARS ) receivers, in response to

680-635: The U.S. House as the Radio All Digital Channel Receiver Act in 2008 but was not passed into law. Noise figure Too Many Requests If you report this error to the Wikimedia System Administrators, please include the details below. Request from 172.68.168.133 via cp1102 cp1102, Varnish XID 552636611 Upstream caches: cp1102 int Error: 429, Too Many Requests at Thu, 28 Nov 2024 05:46:57 GMT Injunction An injunction

720-470: The monopoly created by the XM/Sirius merger . All three use proprietary systems, and there have been no considerations to require the inclusion of open standards like FMeXtra , DRM+ , DAB+ or DMB , which are compatible anywhere outside of the United States. A notice of inquiry (a predecessor to a full rulemaking proceeding) is before the FCC as docket 08-172. A bill had been submitted to

760-533: The Supreme Court stated that the scope of federal injunctive relief is constrained by the limits on equitable remedies that existed in the English Court of Chancery around 1789. Injunctions in the United States tend to come in three main forms: temporary restraining orders, preliminary injunctions and permanent injunctions. For both temporary restraining orders and preliminary injunctions, the goal

800-587: The U.S. after 1964 had built-in UHF tuners. By 1971, there would be more than 170 full-service UHF broadcast stations nationwide; the number of UHF stations would grow further to accommodate new television networks such as the Public Broadcasting Service (1970), Fox (1986), Univision (1986) and Telemundo (1987). Today, UHF TV stations outnumber their long-established VHF counterparts, with more stations switching to physical UHF channels after

840-403: The UHF and VHF television services, including a 14 dB maximum UHF noise figure for television receivers. While the first U.S. commercially licensed UHF television stations signed on as early as 1952, the majority of the 165 UHF stations to begin telecasting between 1952 and 1959 did not survive. UHF local stations of the 1950s were limited by the range their signals could supposedly travel,

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880-707: The charges. In late March 2008, the Community Broadcasters Association filed a lawsuit in the U.S. Court of Appeals for the District of Columbia , seeking an injunction to halt the sale and distribution of DTV converter boxes , charging that their failure to include analog tuners or analog passthrough violates the All-Channel Receiver Act. Responding to CBA's actions, the FCC and NTIA urged manufacturers to include

920-438: The digital TV transition of 2009. The act has most recently been used in 2005-2007 ( 47 CFR 15.115 and 47 CFR 15.117 ) to require TV manufacturers to include ATSC -T ( terrestrial TV ) tuners for digital television , in any TV set that includes an NTSC analog TV tuner . This requirement has been phased-in during the mid-2000s, starting with the largest TV sets. By early 2007, every device sold that

960-797: The feature voluntarily in all converter boxes, and manufacturers responded by releasing a new generation of models with the feature. In early May 2008, the D.C. district court denied the CBA petition without comment, effectively telling the association that it had not exhausted all its efforts, and that there was not enough merit to take the case to the courts. In July 2010, the FCC granted a waiver allowing Dell , LG , and Hauppauge to fail to include tuners for NTSC analog TV or standard ATSC digital TV in mobile television devices designed to receive ATSC-M/H signals. While all full-power stations have been forced to turn off their analog signals, and most low-power TV stations therefore have been forced to digital as

1000-488: The federal courts' power to issue injunctions that it effectively prohibited federal court from issuing injunctions in cases arising out of labor disputes. A number of states followed suit and enacted "Little Norris-LaGuardia Acts" that imposed similar limitations on state courts' powers. The courts have since recognized a limited exception to the Norris-LaGuardia Act's strict limitations in those cases in which

1040-413: The injunction was varied to permit reporting of the question. By long legal tradition, parliamentary proceedings may be reported without restriction. Parliamentary proceedings are covered by absolute privilege , but the reporting of those proceedings in newspapers is only covered by qualified privilege. Another example of the use of a super-injunction was in a libel case in which a plaintiff who claimed he

1080-432: The interests of non-parties (that is, the public interest). When deciding whether to give an injunction, and deciding what its scope should be, courts give special attention to questions of fairness and good faith. One manifestation of this is that injunctions are subject to equitable defenses, such as laches and unclean hands . Injunctions are given in many different kinds of cases. They can prohibit future violations of

1120-614: The lack of UHF tuners in most TV sets and difficulties in finding advertisers and TV network affiliations. Of the 82 new UHF TV stations in the United States broadcasting as of June 1954, only 24 remained on the air a year later. Fourth-network operators such as the DuMont Television Network , forced to expand using UHF affiliates due to a lack of available VHF channels, were not viable and soon folded. The fraction of new TV receivers that were factory-equipped with all-channel tuners dropped from 20% in 1953 to 9.0% by 1958,

1160-616: The late nineteenth and early twentieth century, federal courts used injunctions to break strikes by unions. For example, after the United States government successfully used an injunction to outlaw the Pullman boycott in 1894 in In re Debs , employers found that they could obtain federal court injunctions to ban strikes and organizing activities of all kinds by unions . These injunctions were often extremely broad; one injunction issued by

1200-462: The law, such as trespass to real property, infringement of a patent, or the violation of a constitutional right (e.g., the free exercise of religion). Or they can require the defendant to repair past violations of the law. An injunction can require someone to do something, like clean up an oil spill or remove a spite fence . Or it can prohibit someone from doing something, like using an illegally obtained trade secret. An injunction that requires conduct

1240-770: The management of public schools in order to ensure compliance. (An injunction that puts a court in the position of taking over and administering an institution—such as a school, a prison, or a hospital—is often called a " structural injunction ".) Injunctions remain widely used to require government officials to comply with the Constitution, and they are also frequently used in private law disputes about intellectual property, real property, and contracts. Many state and federal statutes, including environmental statutes , civil rights statutes and employment-discrimination statutes , are enforced with injunctions. In Grupo Mexicano de Desarrollo, S.A. v. Alliance Bond Fund, Inc. (1999),

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1280-502: The order. If the TRO is contested, the court must decide whether to issue a preliminary injunction. Temporary restraining orders are often, but not exclusively, given to prevent domestic violence, stalking, sexual assault, or harassment. Preliminary injunctions are given before trial. Because they are issued at an early stage, before the court has heard the evidence and made a decision in the case, they are more rarely given. The requirements for

1320-430: The patent holder must license on reasonable and non-discriminatory terms . There is an ongoing debate among legal and economic scholars with major implications for antitrust policy in the United States as well as in other countries over the statutory limits to the patent holder's right to seek and obtain injunctive relief against infringers of standard-essential patents. Citing concerns of the absence of competition facing

1360-511: The patent holder once its technology is locked-in to the standard , some scholars argue that the holder of a standard-essential patent should face antitrust liability when seeking an injunction against an implementer of a standard. Other scholars assert that patent holders are not contractually restrained from pursuing injunctions for standard-essential patent claims and that patent law is already capable of determining whether an injunction against an infringer of standard-essential patents will impose

1400-512: The person online. A court may issue the order if it believes a person has reasonable grounds for their fears or has no reasonable grounds for their fears. Non-compliance may result in the imposition of a fine, imprisonment, or both, and deportation. Interim injunctions are a provisional form of injunctive relief, which can compel a party to do something (mandatory injunction) or stop it from doing something (prohibitory injunction). A plaintiff seeking an interim injunction must establish that he

1440-543: The use of super-injunctions revealed that only two super-injunctions had been granted since January 2010. Many media sources were wrongly describing all gagging orders as super-injunctions. The widespread media coverage of super-injunctions led to a drop in numbers after 2011; however four were granted in the first five months of 2015. Injunctions defined by the European Commission as injunctions which can be issued for instance in cases in which materially

1480-525: Was defamed by family members in a dispute over a multimillion-pound family trust obtained anonymity for himself and for his relatives. Roy Greenslade credits the former editor of The Guardian , Alan Rusbridger , with coining the word "super-injunction" in an article about the Trafigura affair in September 2009. The term "hyper-injunction" has also been used to describe an injunction similar to

1520-466: Was available from 105 US stations by 1965, many of them in the already-crowded VHF spectrum, only 18 percent of the large number of UHF frequencies reserved for educational use in US cities were in active use. In areas where audiences had no UHF receivers, a station broadcasting above channel 13 was unlikely to survive. Under the All-Channel Receiver Act, FCC regulations would ensure that all new TV sets sold in

1560-524: Was capable of receiving over-the-air TV (including VCRs ) was required to include an ATSC tuner . Millions of dollars in fines were imposed in 2008 by the Federal Communications Commission against vendors, including various name-brand retail chains such as Best Buy , Sears / Kmart and Walmart . Best Buy is disputing both the fines and the authority of the FCC to impose the penalties; Circuit City and Sears also disputed

1600-606: Was the super-injunction raised in September 2009 by Carter-Ruck solicitors on behalf of oil trader Trafigura , prohibiting the reporting of an internal Trafigura report into the 2006 Ivory Coast toxic waste dump scandal. The existence of the super-injunction was revealed only when it was referred to in a parliamentary question that was subsequently circulated on the Internet ( parliamentary privilege protects statements by MPs in Parliament which would otherwise be held to be in contempt of court). Before it could be challenged in court,

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