The FCC Friday posted the dates for its 2016 meetings. The commission meets for the first time Jan. 28 and holds its last meeting Dec. 15. In between it meets Feb. 25, March 31, April 28, May 26, June 16, July 14, Aug. 4, Sept. 29, Oct. 27 and Nov. 17.
The FCC is lifting the sunshine period on the upcoming Incentive Auction Procedures Public Notice, according to a public notice released late Friday. Parties will be able to make presentations to FCC officials about the Procedures PN until 7 p.m. Wednesday, the PN said. The lifting of the sunshine period is related to the FCC's expected release of additional information about the Incentive Auction interference simulations that the commission released data from in May, an FCC official told us. The Procedures PN is on the agenda for Thursday's open meeting.
FCC Commissioner Mignon Clyburn dismissed the notion Internet access is not a necessity when she addressed the National Action Network Wednesday in a speech that appeared to answer comments made recently by Commissioner Mike O'Rielly, who disputed that Internet access is a necessity (see 1506250035). Clyburn said the FCC is looking to update its voice-oriented Lifeline USF support program for the digital age. "But let me warn you, any proposed transition will not come easy, for there are those who publicly proclaim that Internet access is 'not a necessity'!" she said, according to her remarks as prepared for delivery. "Not a necessity … during a time when the majority of Fortune 500 companies post new job listings strictly on websites? And where if you are fortunate enough to secure a position, your new boss expects you to have an e-mail address? Not a necessity … where, in a growing number of states, those who are income-eligible can only apply for benefits or aid online? Not a necessity … when most colleges and universities post and accept student admissions electronically? Not a necessity … as the evidence grows daily, on how technology is bridging long-standing gaps when it comes to the delivery, quality of service, and cost efficiencies for access to health care and wellness? And when you make that face-to-face appointment or conduct business in person, when was the last time you bought or referred to a folded map when you traveled to that destination?"
The FCC assembled a steering committee and working team to oversee review of Charter Communications' buy of Bright House Networks and Time Warner Cable. Heading the interbureau steering committee in docket 15-149 will be General Counsel Jonathan Sallet, with the committee including International Bureau Chief Mindel De La Torre, Media Bureau Chief Bill Lake, Wireless Bureau Chief Roger Sherman and Wireline Bureau Chief Matthew DelNero. Heading the working team will be Owen Kendler, on detail with the FCC Office of General Counsel from the Department of Justice, where he most recently was assistant chief of its Antitrust Division's Telecommunications and Media Enforcement Section. The senior economist on the working team will be William Rogerson, former FCC chief economist. The working team will report to the steering committee.
Comment deadlines are set on a small-provider exemption to new net neutrality transparency rules, the FCC's Consumer and Governmental Affairs Bureau said in a public notice in docket 14-28. Initial comments are due Aug. 5 and replies are due Sept. 4, the bureau said after the Federal Register published a previous bureau public notice inviting comments and replies 30 days and 60 days after such publication, respectively (see 1506220037). The FCC is seeking comment on its decision to temporarily exempt small ISPs (with 100,000 or fewer broadband connections) from enhancements to its net neutrality transparency rules, which require local broadband providers to disclose to consumers, edge providers and others information about the "commercial terms, performance characteristics and network practices" of their services.
The FCC apparently won't require AT&T/DirecTV to make regional sports networks available to competitors on reasonable terms, the American Cable Association said in a news release Tuesday. ACA is "deeply disappointed" the FCC appears headed toward approving AT&T's takeover of DirecTV "without shielding consumers from being overcharged for three Root Sports regional sports networks (RSNs) owned by DirecTV and a fourth Roots [sic] Sports RSN currently co-owned by AT&T and DirecTV," ACA CEO Mathew Polka said in a statement issued in the release. "The FCC's action would fly in the face of overwhelming evidence that AT&T and DirecTV have overcharged for their RSNs and have every intention of continuing to do so and to an even greater extent. Consumers, particularly those who are customers of smaller rivals to DirecTV and AT&T U-verse, will be forced to pay these costs" in the greater Denver, Houston, Pittsburgh and Seattle markets. "While the FCC Chairman espouses ‘competition, competition, competition,'" if the FCC approves the transaction without protections for smaller video providers and their customers, consumers will see only "higher prices, higher prices, higher prices," Polka said. ACA Senior Vice President Ross Lieberman told us the group's sense of the commission's direction was "based on feedback we've received from the FCC in our discussions." ACA and member enTouch have lobbied FCC officials recently in support of attaching a program-access condition to approval of AT&T/DirecTV (see 1507020047). AT&T and FCC spokesmen had no comment.
Two minority-owned broadcasters asked the FCC to press AT&T to help them secure carriage for their Spanish-language stations on DirecTV, said letters they filed in docket 14-90 on the AT&T/DirecTV transaction. Hispanic-owned ZGS, which says it's the largest independent affiliate of the Telemundo network, said in a filing posted Monday it has been denied carriage on DirecTV's satellite systems serving millions of Latino customers in major TV markets. While not taking a position on the merits of AT&T's proposed takeover of DirecTV, ZGS asked the FCC to at least "strongly urge the powerful AT&T/DirecTV monolith to give serious consideration to fully and effectively serving local communities, and address ZGS' longstanding carriage request." Korean American TV Broadcasting, which controls the Telemundo affiliate in Atlanta and is also minority owned, said in a filing posted Thursday it supports the ZGS letter because it has had the same problems with DirecTV. AT&T and DirecTV had no comment.
The FCC Enforcement Bureau spelled out procedures for net neutrality advisory opinions, in a public notice in docket 14-28. The bureau said the advisory opinions can be sought by companies wanting a better sense whether a potential business practice or activity they're considering complies with FCC net neutrality rules. The rules require broadband Internet access providers to be transparent on their network practices and bar them from engaging in Internet blocking, throttling, paid prioritization, and any other unreasonable interference with consumers' ability to access the Internet content, services and applications of their choice or with edge providers' ability to access consumers. The advisory opinions aren't legally binding but are intended to give companies "clear guidance" in making their business plans, the bureau said. The bureau will attempt to respond expeditiously to requests for advisory opinions but reserved the right, at its discretion, to decline such a request. "As a general matter, the Bureau will be more likely to respond to requests where the proposed conduct involves a substantial question of fact or law and there is no clear FCC or court precedent, or the subject matter of the request and publication of FCC advice is of significant public interest," said the PN, which contained further details on advisory opinions and filing requests. Commissioner Mike O'Rielly, who dissented on the net neutrality order, has questioned the value of nonbinding advisory opinions and other guidance, which he said could require broadband ISPs to provide business plans that give the bureau a "blueprint" for enforcement action. In a note emailed to us, Capital Alpha Partners said: "The advisory opinion system is ostensibly intended to be helpful for companies, but we have seen it as further evidence of the vague, amorphous catch-all authority described in the order. In our view, regulations should be understandable enough to make advisory opinions unnecessary. Companies are not required to solicit the FCC's view, but we see prudence on the side of 'Mother, may I?' because of what we believe is substantial uncertainty as to the legality of certain new and different business models and products."
An FCC rule change regarding U-NII-3 broadband equipment was delayed five months. In a document in the Federal Register Wednesday, the FCC said it moved the deadline by which devices must comply with new U-NII-3 rules from June 1 to Dec. 2. The U-NII-3 rules -- created in 2014 as the FCC extended the 5 GHz band in which U-NII devices operate -- deal with limiting out-of-band emissions. The FCC said it moved the deadline requiring that U-NII-3 devices meet those new rules to avoid "unduly impairing the availability or cost of U-NII devices or imposing undue burdens on manufacturers or the public."
AT&T and DirecTV gave themselves a little more time to win approval of their deal from the Department of Justice and FCC, said an SEC filing the companies made Monday. The prospective partners "elected to further extend the 'Termination Date' of the Merger Agreement for a short period of time to facilitate obtaining final regulatory approval required to close the merger," it said. "AT&T expects that the merger will be consummated shortly." The filing didn't specify the old or new termination dates, and an AT&T spokeswoman repeated to us that the company expects to close shortly. AT&T/DirecTV appears to be getting closer to winning approval but the review could extend past the July 4 holiday, industry attorneys and analysts told us Monday (see 1506290061). New Street Research analysts said they believe the FCC could approve the transaction the week of July 6 but that they think "the odds favor the week of the 13th or the 20th." Separately Tuesday, AT&T reached an interconnection deal with GTT (see 1506300048).