Smaller public interest groups face new challenges in legal representation before the FCC and in court on communications issues because of the closing of the largest law practice devoted to representing nonprofits (CD April 4 p2). Industry lawyers and nonprofit officials said the immediate future of Washington representation for public interest groups without in-house lawyers isn’t bright on issues that will arise where counsel isn’t in place. Our review of the work done by other lawyers for public interest groups found nothing is making up for all of the loss of legal advice provided by the Media Access Project, closing its office May 1.
Sixteen TV-station owners and the NAB proposed uploading most of what’s now in studios’ paper political-ad files to fcc.gov, and updating it at least every other day during the lowest unit charge period before elections. An exception is for the LUC cost for each commercial, which broadcasters want to keep confidential to all but those who visit stations to see files. FCC members are continuing to consider if listing everything but online LUC information would be sufficient for disclosure purposes, industry and public-interest officials noted.
FCC Chairman Julius Genachowski appointed Gary Epstein, a longtime telecom attorney with ties to LightSquared, to serve as co-leader of the commission’s Incentive Auction Task Force. Sen. Chuck Grassley, R-Iowa, instantly raised questions about the appointment. The move had raised some questions within the agency after it was unveiled internally last week, officials said. Epstein was originally slated to be appointed deputy chief of the Office of Strategic Planning. He ended up being named a special counsel to the chairman.
The 9th U.S. Appeals Court struck down the FCC’s ban on political ads that run on public radio and TV stations. A panel of judges in the San Francisco-based court decided 2-1 Thursday that the ban on public issue and political ads is unconstitutional and violates the First Amendment. The ruling could alter the dynamic and character of noncommercial stations, some noncommercial broadcasters and analysts said. The court also upheld a ban on airing on noncommercial stations ads for goods and services of commercial entities.
The Verizon Wireless/cable deals, unveiled in December, have raised opposition that looks similar on some levels to that for AT&T’s proposed buy of T-Mobile last year. Most of the foes of AT&T/T-Mobile reorganized against the latter deal, with the addition of T-Mobile, which may have the most at stake. Opponents of Verizon’s buy of AWS licenses from SpectrumCo and Cox say marketing agreements unveiled concurrent with the spectrum buys are partly to blame. Then too, the spectrum landscape has changed in recent months, with the FCC facing huge obstacles bringing any new spectrum online for commercial use anytime soon (CD March 30 p1).
Industry and FCC officials said they're watching two FCC dockets to see what parties may reveal their policy positions and potential business plans related to the distribution of video over the Internet. Comments on a proposal by Comcast to clarify how it can access information submitted by online video distributors (OVDs) to prove they can avail themselves of the certain Comcast-NBCU approval conditions were due after our deadline Tuesday. And the Media Bureau issued a Public Notice Friday about the definition of the term “multichannel video programming distributor,” for which comments are due at the end of the month.
T-Mobile USA brought CEO Philipp Humm to the FCC last week to push for FCC decisions granting T-Mobile the AWS licenses it got as part of the breakup fee when the AT&T/T-Mobile deal ended in December, and denying Verizon Wireless’s buy of AWS licenses from the cable companies. Humm met with Chairman Julius Genachowski, Commissioner Mignon Clyburn, Angela Giancarlo, the top aide to Commissioner Robert McDowell, and Rick Kaplan, chief of the Wireless Bureau, among other FCC officials. The visit was Humm’s second to the FCC this year.
Industry and FCC officials said they're watching two FCC dockets to see what parties may reveal their policy positions and potential business plans related to the distribution of video over the Internet. Comments on a proposal by Comcast to clarify how it can access information submitted by online video distributors (OVDs) to prove they can avail themselves of the certain Comcast-NBCU approval conditions were due after our deadline Tuesday. And the Media Bureau issued a Public Notice Friday about the definition of the term “multichannel video programming distributor,” for which comments are due at the end of the month.
Fundraising for communications policy nonprofits has been difficult since the recession hit, which contributed to the Media Access Project board’s decision to wind down the operation this month. “It’s been very hard for many of the public interest groups since the recession, and foundation funding is very hard to get,” said Andy Schwartzman, MAP’s policy director since 1978. MAP said Tuesday that it plans to suspend its operations May 1, ending a nearly 40-year run as one of the communications bar’s most effective public interest advocates.
NTIA’s 1755-1850 MHz report could be bad news for Verizon, SpectrumCo and Cox and their proposed spectrum deal. The long timetables and huge price tags baked into Tuesday’s report mean more pressure on the FCC as it reviews whether to approve the sale of AWS licenses from the cable operators to Verizon, commission officials said.