The FCC could encourage more auction participation by implementing procedures that “facilitate deferred tax treatment of reverse auction proceeds,” said “representatives of the commonly-owned licensees of commercial broadcast television stations concentrated in several of the largest” designated market areas, according to an ex parte filing by Wiley Rein broadcast attorney Ari Meltzer in docket 12-268. The representatives weren't identified in the filing under a Media Bureau rule that allows broadcast auction participants to meet with the FCC to discuss the auction without disclosing their identities. “Realistic” broadcaster participation could result in a high clearing target and limited impaired spectrum, the broadcast representatives said. Other broadcasters have been raising similar issues at the FCC and in interviews with us (see 1511130041).
There are a few sticking points to reaching a new safe harbor deal (see 1510250001) on data transfer between the U.S. and EU countries, said a European Commission official and industry lawyers in interviews Tuesday. But they voiced optimism a deal can be reached. They said that sticking points include EC demands that Europeans get the same data protection and redress rights as U.S. citizens and residents. An EC official said that the proposed Judicial Redress Act (HR-1428), which he said the EC largely supports, could address that matter. But he dismissed the suggestion by other experts that national data protection authorities could be an obstacle to approving a revised agreement.
RICHMOND -- Counsel representing Montgomery County, Maryland, and the FCC faced few questions about the FCC’s wireless facility siting rules from a three-judge panel during oral argument at the 4th U.S. Circuit Court of Appeals in Richmond, Virginia, Wednesday. Judge Allyson Duncan asked repeated clarifying questions about whether it’s possible to come up with a standard for new collocation facilities that applies across the board. She also said under the “deemed granted” statute in its 2014 order, the FCC is basically saying, “If you don’t act in accordance with the regulation, we’ll do it for you.” Judges Roger Gregory and Henry Floyd were mostly quiet during the arguments, mainly clarifying details about whether the parties were talking about modifications to existing facilities or if there was more at play in the case.
In a 2016 presidential election season that’s wide open, Hubbard Broadcasting CEO Stanley Hubbard decided to cover his bases when writing checks Sept. 30 -- he donated to at least five GOP presidential campaigns. Hubbard gave thousands of dollars to GOP nomination candidates Jeb Bush, Ben Carson, Chris Christie, Carly Fiorina and Marco Rubio, no donation less than $2,500.
The course of the Internet Assigned Numbers Authority (IANA) transition process is less certain since an ICANN working group meeting over the weekend on a related proposal on changes to ICANN’s accountability mechanisms and amid renewed congressional scrutiny of the transition, stakeholders said in interviews. ICANN stakeholders had planned to use a meeting Friday and Saturday in Los Angeles to move closer to a consensus on the Cross Community Working Group on Enhancing ICANN Accountability’s (CCWG-Accountability) draft ICANN accountability proposal (see 1509240072), but stakeholders who participated in or observed the meeting told us they don’t believe the group made enough progress. Meanwhile, House Judiciary Committee Chairman Bob Goodlatte, R-Va., and Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, joined two vocal critics of the IANA transition in requesting a Government Accountability Office review of whether it’s constitutional for the transition to proceed without Congress’ approval.
The FCC, FTC, Department of Commerce and other federal agencies are preparing for a partial federal shutdown. It remains possible starting Thursday, though there are signs on Capitol Hill that Congress could avert a closure, at least for now. Even if a shutdown happens, FCC and industry officials said that work on the TV incentive auction is expected to proceed under a "mandatory spending" exception. And unlike 2013, industry may not have to feel the same pain from the complete loss of documents on the FCC’s website.
The European Commission moved forward Thursday with its digital single market (DSM) strategy by announcing new consultations aimed at collecting public feedback on Internet platforms' behavior in the European market and geographic restrictions of content. European Commission Digital Economy and Society Commissioner Günther Oettinger pointed to the new DSM consultations Thursday as an area in which U.S. stakeholders should work with the EU to maintain their trans-Atlantic ties on information and communications technology (ICT) issues. The U.S. responses to the EU's DSM strategy have been mixed since the strategy first went public in May (see 1505060038 and 1505070053), with some perceiving the strategy as “a secret key to a Fortress Europe,” Oettinger said during a Johns Hopkins University School of Advanced International Studies event. “My message to all our friends in D.C. is clear -- don't fall into that trap.”
Any steps the FCC takes to help AM radio without allowing an AM-only translator license application window would be “relatively small change,” said former Republican FCC Commissioner Robert McDowell and former Democratic FCC Commissioner Michael Copps in a joint blog on The Hill's website Wednesday. “On this point, all Democrats and Republicans” can agree, the editorial said. Copps left the FCC in December 2011 and is now a special advisor to Common Cause. McDowell left the commission in May 2013 and is now a partner at Wiley Rein. Being able to use a translator to broadcast on the FM band is key because the AM band suffers from increasing interference caused by the widespread adoption of fluorescent lighting, among other things, the blog post said. The application filing window was promised by the FCC two years ago, and that promise should be fulfilled, said the two men. The window “is especially important for women and minority owners of AM stations, who are more likely to run small standalone stations on shoe-string budgets,” they said. Despite their many differences while commissioners, the need for the FCC to help AM radio is an issue on which they are “fully united,” they said.
Jeb Bush promised to roll back the FCC net neutrality order if elected president. Bush, a Republican and former Florida governor who is a known opponent to net neutrality, released a series of proposals on his campaign website this week and included net neutrality in his section titled “regulatory reform.” Bush argued that regulations are “choking” the U.S. economy. “Last we will repeal or reform the most onerous Obama rules and regulations,” starting with net neutrality among other issues, the campaign website said. “Together, we will role [sic] back the surging tide of regulations that have overtaken us the last 6 and a half years.” Bush elaborates on net neutrality in another section on his desired regulatory overhaul: “The [FCC]’s Net Neutrality rule classifies all Internet Service Providers (ISPs) as ‘public utilities,’ subjecting them to antiquated ‘common carrier’ regulation,” the Bush campaign said. “Rather than enhancing consumer welfare, these rules prohibit one group of companies (ISPs) from charging another group of companies (content companies) the full cost for using their services. Small broadband operators -- like KWISP (475 customers in rural Illinois) and Wisper ISP (8,000 customers near St. Louis, Mo) -- have declared under penalty of perjury that the Net Neutrality rule has caused them to cut back on investments to upgrade and expand their networks.” “Unfortunately, Governor Bush is siding with the phone and cable lobby against the public,” Free Press President Craig Aaron said in a statement. “His opposition to Net Neutrality is misguided, and he gets the facts wrong. In reality, the rules are working. Broadband providers and Internet content companies alike are investing, and consumers can rest easy knowing that their rights to connect and communicate are protected.” Bush has received donations from significant industry players in the telecom space so far this year, including NAB CEO Gordon Smith, then-DirecTV CEO Michael White and Richard Wiley, the former FCC chairman heading Wiley Rein’s communications practice (see 1507210050).
Univision Communications hires Derek Bond, ex-Imagina US, as senior vice president-production strategy ... American Library Association hires Nancy Gravatt, communications expert, as press officer, Washington office, succeeding Jazzy Wright, departing for University of California, Berkeley School of Public Health ... Electronic Frontier Foundation hires Rob Manhatton, ex-Excelsior Paint & Design, as Web developer, maintaining open-source democracy tools ... Demand Media names LEAFtv founders Geri Hirsch and Erin Falconer executive editor and general manager, LEAFtv, respectively ... Symantec hires Dan Rogers, ex-Salesforce, as chief marketing officer ... MicroTech, cloud computing services provider, hires David Hinson, former director of Commerce Department's Minority Business Development Agency, as chief financial officer and chief of mergers and acquisitions ... Arctic Economic Council names Robert McDowell, Wiley Rein, chairman, (newly formed) AEC telecom working group ... Rovi board adds Eddy Hartenstein, ex-DirecTV and member of Tribune Publishing board ... Lobbyist registrations: Hewlett Packard Enterprise, registering on behalf of itself, effective Aug. 3 ... Nex-Tech, telecom company, FaegreBD Consulting, effective Aug. 1 ... Univision Communications, Covington & Burling, effective July 6.