Initial demand for the $1.75 billion incentive auction spectrum relocation fund is less than some broadcasters feared yet more than the available money. The FCC said stations and pay-TV providers eligible for reimbursements associated with moving broadcasters' channels have sought a total of $2.12 billion so far, and "we expect to receive additional estimates from MVPDs and a small number of stations."
The FCC offers no valid reason for its application of the mixed-use rule to stop local franchising authorities regulating the provision of non-telco services by incumbent cable TV operators, the 6th U.S. Circuit Court of Appeals ruled (in Pacer) Wednesday. Montgomery and Anne Arundel counties, Maryland, and Dubuque, Iowa, challenged 2007 and 2015 agency orders on video franchising rules on several bases. The three-judge panel -- David McKeague, Richard Griffin and Raymond Kethledge, with the decision penned by Kethledge -- granted in part the appeal and denied it in other areas, such as by finding the agency didn't create a regulatory gap and didn't unduly burden small entities.
The U.S. Court of Appeals for the D.C. Circuit has shot down a petition by NAB, NATOA and the Northern Dakota County Cable Communications Commission seeking a review of the FCC's 2015 order finding the cable industry is effectively competitive. Judges Karen Henderson, Cornelia Pillard and Douglas Ginsburg agreed on the opinion (in Pacer) issued Friday and written by Ginsburg. The court supported the FCC contention that its effective competition finding doesn't rely just on nationwide data since it gave each franchising authority the opportunity to rebut the effective competition presumption -- a procedure that meets the requirement that the agency make the determination of effective competition on the basis of franchise area.
The Senate Commerce Committee is delaying a vote on NTIA administrator nominee David Redl at a senator's request, aiming to place it on the docket at the committee's next scheduled markup session after its planned Thursday meeting, a committee spokesman said. He said the senator didn't place a full-blown hold on Redl's nomination, instead seeking “additional time to review information.” Informed sources said Sen. Ted Cruz, R-Texas, sought the delay over his ongoing concerns about implications of the now-completed Internet Assigned Numbers Authority oversight transition.
FCC General Counsel Brendan Carr got the long-awaited nod to be the third GOP member of the commission, if the Senate confirms him. The White House said tonight that President Donald Trump intends to nominate Carr to the vacant GOP commissioner seat, as expected (see our May 26 report).
The U.S. Court of Appeals for the D.C. Circuit has rejected public interest groups’ request for an emergency stay of the FCC’s restoration of the UHF discount, and ended the administrative stay of the rule. “Petitioners have not satisfied the stringent requirements for a stay pending review,” said the order, issued Thursday. “This is not very surprising, since stays are rarely granted. However, it is extremely disappointing,” said Georgetown Law Institute for Public Representation Senior Counselor Andrew Schwartzman, who represented Free Press, Prometheus Radio Project, the National Hispanic Media Coalition, Prometheus Radio Project and the other groups in the case. Since the restored discount’s effective date of June 5 passed during the administrative stay, the rule is effective immediately, an FCC spokesman told us. “We are pleased by the court's decision,” the spokesman said. The case will continue on the merits, attorneys told us.
President Donald Trump plans to nominate Jessica Rosenworcel to again be an FCC member, as expected (see our May 26 report), the White House said just before midnight last night. It noted that she was a commissioner from 2012 until January.
Federal judges struck down FCC intrastate rate caps on inmate calling services and several other provisions of a 2015 ICS order. A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit Tuesday also vacated the commission's use of industry-averaged cost data and the imposition of video visitation reporting requirements in Global Tel*Link v. FCC, No. 15-1461. It said FCC exclusion of site commission payments from its cost calculus couldn't stand as currently constituted, and vacated and remanded that decision for further proceedings, but it denied challenges to site commission reporting requirements.
Judges Friday morning rejected incumbent Neustar's challenge to FCC decisions choosing Telcordia (iconectiv) as the next local number portability administrator.
House Commerce aide David Redl was picked to be this administration's nominee to head the NTIA, the White House said Tuesday evening. The plan to nominate him was expected, as we previously reported.