An FCC rulemaking notice that would remove the last physical vestiges of the broadcaster public file as well as a requirement for cable carriers to keep on hand the location of their control centers (see 1605050060 and 1605040066) is expected to get little pushback, broadcast attorneys and cable industry officials told us. Though most aspects of the public file are online, broadcasters still have to keep physical copies of public correspondence in a physical public inspection file, and cable carriers must do the same for the addresses of their network control centers, under current FCC rules. Broadcasters and cable carriers said the requirement to make physical documents available to the public compromises their security.
The FCC may have bolstered a forthcoming media ownership draft order and chances of not further angering three appellate judges by issuing a study that found a possible linkage between Hispanic ownership of TV stations and local programming, public interest lawyers told us Friday. The study, which was a long time in the making and was revealed Thursday, was mentioned April 19 at oral argument in broadcaster and public interest group challenges to media ownership rules at the 3rd U.S. Circuit Court of Appeals. Judges were skeptical of FCC delays in acting on media ownership and diversity after two previous losses for the commission in related cases before the 3rd Circuit (see 1604190041). Now, a peer review by FCC Wireline Bureau economist/industrial organization expert Octavian Carare of the study will be completed by Thursday, interviews and agency documents show. Then, the agency will accept public comments, it said in a news release.
The 3rd U.S. Circuit Court of Appeals told the FCC and several parties challenging ownership rules that they should study in advance of Tuesday's oral argument in Philadelphia the case Public Citizen v. Chao, in which the 3rd Circuit previously ruled against a federal agency for delaying a rulemaking that had been ordered by the court. Prometheus Radio v. FCC (formerly Howard Stirk v. FCC) includes arguments that the FCC ignored the orders of the 3rd Circuit by failing to complete the 2010 quadrennial review or do studies on minority ownership (see 1511240060). The 3rd Circuit's raising of the Public Citizen case shortly before oral argument is seen as a bad omen for the FCC, numerous attorneys familiar with the case told us. The FCC has twice lost similar cases 2-1 against some of the same plaintiffs in front of the same panel of judges they will see Tuesday.
An executive branch filing in support of the FCC set-top box proceeding (see 1604150003) is largely laudatory of the commission's proposal but also questions aspects of the agency's plans on privacy and copyright, which have also been a focus of the proposal's opponents. “The Commission should take steps to ensure that expansion of competition in navigation devices does not diminish existing privacy protections,” NTIA Administrator Larry Strickling said in the filing. Privacy and copyright concerns were the focus of a joint NCTA/MPAA news briefing denouncing the FCC plan last week (see 1604130052), which itself followed experts saying that access to consumer data may be the ultimate tech prize in the NPRM approved by a politically split FCC (see 1603080037).
An executive branch filing in support of the FCC set-top box proceeding (see 1604150003) is largely laudatory of the commission's proposal but also questions aspects of the agency's plans on privacy and copyright, which have also been a focus of the proposal's opponents. “The Commission should take steps to ensure that expansion of competition in navigation devices does not diminish existing privacy protections,” NTIA Administrator Larry Strickling said in the filing. Privacy and copyright concerns were the focus of a joint NCTA/MPAA news briefing denouncing the FCC plan last week (see 1604130052), which itself followed experts saying that access to consumer data may be the ultimate tech prize in the NPRM approved by a politically split FCC (see 1603080037).
An executive branch filing in support of the FCC set-top box proceeding (see 1604150003) is largely laudatory of the commission's proposal but also questions aspects of the agency's plans on privacy and copyright, which have also been a focus of the proposal's opponents. “The Commission should take steps to ensure that expansion of competition in navigation devices does not diminish existing privacy protections,” NTIA Administrator Larry Strickling said in the filing. Privacy and copyright concerns were the focus of a joint NCTA/MPAA news briefing denouncing the FCC plan last week (see 1604130052), which itself followed experts saying that access to consumer data may be the ultimate tech prize in the NPRM approved by a politically split FCC (see 1603080037).
Nexstar’s proposed deal to buy Media General would create an overly large broadcaster with too much power in retransmission consent negotiations and disregards FCC rules for joint sales agreements, said petitions against the transaction filed in docket 16-57 by several public interest groups, the American Cable Association, Dish Network, ITTA and Cox Communications. The public interest groups’ petition is framed as a petition to deny the proposed sale. ACA, Dish and ITTA is styled as a petition “to deny or impose conditions” and the Cox filing is a “petition for conditions.”
Securus Technologies challenged in court the FCC’s interpretation of a stay order from the court on inmate calling service rates released Wednesday. The FCC released a public notice that found that the U.S. Court of Appeals for the D.C. Circuit didn’t stay the definition of inmate calling from the 2015 ICS order, which included interstate and intrastate calling, so 2013 rates will apply to both (see 1603160068). Securus sought a modification of its initial stay.
Merrick Garland, President Barack Obama's Supreme Court pick, is highly respected by communications attorneys we talked to Wednesday after the White House announced his nomination. Garland has been a judge since 1997 on the U.S. Court of Appeals for the D.C. Circuit, which decides many FCC cases, and he is now chief judge. "People get jaded about hearing judicial nominees described as 'brilliant' and 'unbiased' and having a 'perfect judicial temperament.' But it's all true here. No one can oppose this choice on the merits,'" said Harris Wiltshire attorney Chris Wright, a former FCC general counsel, who has argued several cases before Garland and read many of his opinions. "He's a great judge," said another telecom attorney. "He's straight down the line, a good judge, a very solid appointment," said a media attorney. "He's certainly qualified, but it sounds like he doesn't have a snowball's chance in hell of getting confirmed. It would take a miracle." Republican senators have vowed not to act on Garland's nomination. Despite Garland's long tenure, some attorneys said it's hard to pigeonhole his communications views. Andrew Schwartzman, Georgetown University Institute for Public Representation senior counselor, said Garland doesn't have a clear-cut "communications track record," because most of his FCC decisions weren't in big cases. "I'd have to go back and look," he said. Another veteran attorney, who called Garland a moderate Democrat and "smart guy," had a similar impression: "I don't believe he's been a key player in many major FCC decisions." One significant case Garland did help decide was a Verizon challenge to FCC wireless data-roaming rules, where he joined two other judges in upholding the agency's order in December 2012 (Cellco Partnership v. FCC). Judge David Tatel wrote that opinion.
Merrick Garland, President Barack Obama's Supreme Court pick, is highly respected by communications attorneys we talked to Wednesday after the White House announced his nomination. Garland has been a judge since 1997 on the U.S. Court of Appeals for the D.C. Circuit, which decides many FCC cases, and he is now chief judge. "People get jaded about hearing judicial nominees described as 'brilliant' and 'unbiased' and having a 'perfect judicial temperament.' But it's all true here. No one can oppose this choice on the merits,'" said Harris Wiltshire attorney Chris Wright, a former FCC general counsel, who has argued several cases before Garland and read many of his opinions. "He's a great judge," said another telecom attorney. "He's straight down the line, a good judge, a very solid appointment," said a media attorney. "He's certainly qualified, but it sounds like he doesn't have a snowball's chance in hell of getting confirmed. It would take a miracle." Republican senators have vowed not to act on Garland's nomination. Despite Garland's long tenure, some attorneys said it's hard to pigeonhole his communications views. Andrew Schwartzman, Georgetown University Institute for Public Representation senior counselor, said Garland doesn't have a clear-cut "communications track record," because most of his FCC decisions weren't in big cases. "I'd have to go back and look," he said. Another veteran attorney, who called Garland a moderate Democrat and "smart guy," had a similar impression: "I don't believe he's been a key player in many major FCC decisions." One significant case Garland did help decide was a Verizon challenge to FCC wireless data-roaming rules, where he joined two other judges in upholding the agency's order in December 2012 (Cellco Partnership v. FCC). Judge David Tatel wrote that opinion.