AT&T got some political cover from House Democrats last week, in the form of a letter signed by 76 of them who said the transaction will create “good paying union jobs” and expand broadband to unserved areas (CD June 23 p13) . The letter doesn’t specifically endorse the deal. Foes of the transaction were quick to question the significance of the letter and whether it will resonate at the FCC or elsewhere in the administration.
Senate Minority Leader Mitch McConnell, R-Ky., sent the White House a letter asking President Barack Obama to nominate Ajit Pai for the Republican seat on the FCC vacated by Meredith Baker. Industry and government officials we spoke with Friday said Pai is likely to be nominated and should face a relatively easy time being confirmed, barring unforeseen complications. Pai’s nomination is likely to be paired with that of Jessica Rosenworcel, an aide to Sen. Jay Rockefeller, D-W.Va.Rosenworcel is expected to be the nominee to replace Democrat Michael Copps on the commission. Copps must leave the FCC when the current session of Congress ends.
Bloomberg asked the FCC to require Comcast to carry its Bloomberg TV network on a channel adjacent to a “neighborhood” of news programming on its cable systems serving its 35 largest markets. The complaint filed Monday is the first program carriage complaint against Comcast since it bought control of NBCUniversal. Its outcome may reveal both how Comcast and the FCC approach conditions imposed by the FCC on that transaction, industry and public interest attorneys said. “If Comcast is dragging its feet on a condition this clear, we can only imagine how they will live up to conditions that are potentially less clear, said Greg Babyak, head of government affairs for Bloomberg. “We think this is very much a test of how serious Comcast is about obeying the terms of the order,” he said in an interview.
A federal appeals court largely affirmed an FCC order asserting its program access rules over vertically-integrated and terrestrially delivered programming. But it vacated a part of the rule closing some of the “terrestrial loophole” that labeled some acts of withholding such programming as categorically unfair. That step was arbitrary and capricious, the Court of Appeals for the D.C. Circuit found in Cablevision v. FCC. The decision led both proponents and critics of the rule to claim victory. “As we've said all along, and as this court reinforced, given the local and regional nature of terrestrial programming, such exclusives can be highly pro-competitive,” Cablevision said. Verizon, AT&T, USTelecom and Consumers Union praised the decision for affirming the FCC’s authority over terrestrially-delivered programming.
The Media Access Project became the first entity to support tougher program carriage rules since a proposed FCC order on them (CD June 3 p2) circulated May 3, an ex parte filing posted this week in docket 07-42 said. Also this week, a filing from Cablevision said the cable operator continues opposing new rules. “Much stronger rules are needed to protect the interests of independent programmers” in general, MAP Senior Vice President Andrew Schwartzman reported telling an aide to Commissioner Michael Copps. Schwartzman said he “also expressed skepticism at the notion that stronger rules would raise cognizable First Amendment questions in light of the fact that the rules are viewpoint neutral and have been upheld by the U.S. Court of Appeals for the District of Columbia Circuit.” Cablevision said it believes changing program carriage rules is “unnecessary in light of predominance of non-vertically integrated video programmers in the marketplace today and that there is no evidence MVPDs are engaging in harmful discrimination against independent programmers” by favoring channels an operator owns over indies. Company representatives met with aides to Commissioners Mignon Clyburn and Robert McDowell.
AT&T’s buy of T-Mobile has gotten unprecedented support from groups representing minorities, from the NAACP to various Hispanic groups to the Minority Media and Telecommunications Council. If all politics is local, it also has a long memory. Some observers see the support as tied in part to a 1970 FCC consent decree in which AT&T agreed to become more proactive in employing minorities. AT&T has also contributed millions of dollars to minority groups over the years, though the company said that’s not different from contributions made by its large competitors.
Free Press asked the FCC to investigate whether Verizon Wireless asked Google to block tethering apps in the Android Market. Free Press targeted Verizon since part of the spectrum it bought in the 700 MHz auction, the C-block, carries a requirement that the licensee not “deny, limit, or restrict” the ability of customers to use apps or devices of their own choosing. Free Press said AT&T and T-Mobile have also sought to block tethering unless a subscriber pays extra.
Free Press asked the FCC to investigate whether Verizon Wireless asked Google to block tethering apps in the Android Market. Free Press targeted Verizon since part of the spectrum it bought in the 700 MHz auction, the C-block, carries a requirement that the licensee not “deny, limit, or restrict” the ability of customers to use apps or devices of their own choosing. Free Press said AT&T and T-Mobile have also sought to block tethering unless a subscriber pays extra.
The FCC needs more specific broadband and telephone service data to perform a solid competitive analysis of the markets it regulates, the Department of Justice’s Antitrust Division said in an ex parte filing. The National Broadband Map isn’t a precise enough tool to meet the commission’s needs, DOJ said. The department weighed in more than a month after the close of the FCC’s comment period on how its Form 477 Data Program could be improved.
The FCC needs more specific broadband and telephone service data to perform a solid competitive analysis of the markets it regulates, the Department of Justice’s Antitrust Division said in an ex parte filing. The National Broadband Map isn’t a precise enough tool to meet the commission’s needs, DOJ said. The department weighed in more than a month after the close of the FCC’s comment period on how its Form 477 Data Program could be improved.