A case before the U.S. Court of Appeals for the D.C. Circuit could have major implications for the FCC’s authority over the cable industry, cable attorneys said. They said the court’s recent stay of an FCC order that Comcast carry the Tennis Channel more broadly than it already does (CD Aug 27 p10) has sparked some optimism among cable lawyers that the industry’s constitutional arguments against FCC regulation may be gaining some ground at the court. Whichever way the court rules, it will have big implications for the FCC’s ability to regulate cable, these lawyers said. A public interest attorney disagreed with those assessments. The FCC, Comcast and Tennis Channel didn’t immediately respond to our queries.
The FCC should afford broadcasters more latitude when it comes to indecency enforcement, and focus on holding networks accountable for programming they supply to affiliates and on setting clearer guidelines for broadcasters to follow, TV station general managers and others said. With the Supreme Court’s rejection last month of indecency censures against Disney’s ABC and News Corp.’s Fox (CD June 22 p1), the onus returns to the agency to articulate what is actionably indecent. While much of the debate has focused on content, the question of how much responsibility should be borne by the affiliates should also be considered, said Bill Lamb, president of Block Communications’ WDRB-TV and WMYO-TV in Louisville, Ky.
A year after former FCC Managing Director Steve VanRoekel left the agency to become federal chief information officer, questions remain about the FCC’s revised website. Frequent users of the site say they continue to rely on the old version, the old blue and gold site, still available as the transition website. Meanwhile, the FCC has markedly decreased the number of blog entries it posts each month. The blog averaged 25 posts per month in 2010, but only about a fifth as many per month so far this year.
A year after former FCC Managing Director Steve VanRoekel left the agency to become federal chief information officer, questions remain about the FCC’s revised website. Frequent users of the site say they continue to rely on the old version, the old blue and gold site, still available as the transition website. Meanwhile, the FCC has markedly decreased the number of blog entries it posts each month. The blog averaged 25 posts per month in 2010, but only about a fifth as many per month so far this year.
The onus returns to the FCC to decide how to deal with brief instances of nudity or unscripted cursing broadcast on TV. A unanimous Supreme Court ruled as some expected (CD Jan 11 p1) that the commission violated the due process rights of Disney’s ABC network and some affiliates and News Corp.’s Fox by not giving them notice that fleeting indecency could be censured or result in fines.
The Supreme Court likely will hold off deciding whether to take up FCC v. CBS until ruling this term on the agency’s indecency case against Disney’s ABC and News Corp.’s Fox broadcast-TV networks, a lawyer who’s sided with broadcasters on the issue predicted. The high court didn’t act Monday on whether to grant writ of certiorari on the commission’s appeal of a lower court’s ruling throwing out a $550,000 fine against CBS over Janet Jackson’s split-second 2004 Super Bowl halftime breast-barring incident (CD April 19 p20). “Presumably, they'll hold it until the Fox case is decided,” said communications lawyer Andrew Schwartzman. “The cert petition was on the calendar."
Pending personnel changes at the FCC will come at what is likely to be a critical time for FCC consideration of Verizon Wireless’s proposed buy of AWS licenses from SpectrumCo and Cox. General Counsel Austin Schlick is scheduled to leave in mid-June and Wireless Bureau Chief Rick Kaplan’s departure will follow soon after. Approval of the deals, though likely with substantial conditions, is expected this summer. Current and former FCC officials said it remains unclear whether the departures will slow a final decision, and if so, for how long.
The U.S. Court of Appeals for the D.C. Circuit established a briefing schedule for the net neutrality appeal, which should mean oral arguments early next year on challenges to the FCC’s December 2010 order. Lawyer Andrew Schwartzman said he expects arguments in January or February based on the schedule. The initial briefs by net neutrality opponents Verizon and MetroPCS are due July 2. Net neutrality supporter Free Press, which wants to see the rules strengthened, is to file the same day. The government’s initial brief is due Sept. 10. Final briefs are due Nov. 21. The panel of judges who will hear the case has yet to be selected.
The U.S. Court of Appeals for the D.C. Circuit established a briefing schedule for the net neutrality appeal, which should mean oral arguments early next year on challenges to the FCC’s December 2010 order. Lawyer Andrew Schwartzman said he expects arguments in January or February based on the schedule. The initial briefs by net neutrality opponents Verizon and MetroPCS are due July 2. Net neutrality supporter Free Press, which wants to see the rules strengthened, is to file the same day. The government’s initial brief is due Sept. 10. Final briefs are due Nov. 21. The panel of judges who will hear the case has yet to be selected.
The President’s Council of Advisors on Science and Technology (PCAST) threw its considerable weight behind spectrum sharing, approving a spectrum report Friday that stresses the importance of sharing. The report recommends that President Barack Obama issue a memorandum saying it’s U.S. government policy to share underutilized government spectrum and ordering agencies to identify 1,000 MHz of spectrum that could be shared with the private sector. PCAST didn’t release the report, but the details were presented at a meeting in Washington.