An expected 3-2 approval of the net neutrality remand order on Oct. 27's FCC agenda (see 2010060056) will likely be met by a reconsideration petition and/or legal challenge, interested parties told us. Which route petitioners go will depend somewhat on whether the FCC stays in Republican control in 2021 or changes hands, said lawyers and industry and public interest representatives. The agency declined comment Thursday.
The U.S. Supreme Court’s grant of certiorari in the FCC’s and NAB’s appeals of the 3rd U.S. Circuit Court of Appeals Prometheus IV case (see 2004170065) could indicate the court has concerns about the 3rd Circuit’s 17-year retention of the broadcast ownership case, said academics and broadcast and public interest attorneys in interviews Friday. The high court issued an order Friday saying it will take up the matter, consolidating the NAB and FCC cases into one and setting one hour for oral argument. That argument could take place early in 2021 or hold off until spring, attorneys said.
Commissioner Mike O'Rielly's nearly seven-year FCC career will wrap up by year's end. During the agency's September meeting Wednesday, he said he's folding on others' efforts to get himself renominated. He said he's leaving regardless of how the November presidential election plays out (see 2009300014).
E.W. Scripps' plans to divest 23 Ion stations as part of its $2.65 billion purchase of the broadcaster (see 2009240006) likely will obviate FCC and DOJ regulatory concerns, deal watchers told us. It isn't expected to get the public and political outcry faced by Sinclair's aborted Tribune purchase. The Ion purchase from private equity firm Black Diamond is expected to close in Q1, Scripps announced Thursday.
President Donald Trump's surprise decision to withdraw Mike O’Rielly's nomination to another term on the FCC (see 2008040061) could hurt Republicans immediately, observers noted in interviews this week. If O’Rielly follows the example of others, he could begin recusing himself immediately. That would mean Chairman Ajit Pai loses a generally reliable third vote when there's a split with Democrats.
President Donald Trump withdrew his renomination of FCC Commissioner Mike O’Rielly to another term, the White House announced Monday (see 2008030072). The Trump administration and O’Rielly’s office didn’t comment. The agency declined to comment.
Legislators so far are reacting along party lines to NTIA’s petition (see 2007270070) that the FCC help crack down on social media. Even GOP lawmakers who were somewhat supportive cautioned regulators not to run afoul of the First Amendment.
Legislators so far are reacting along party lines to NTIA’s petition (see 2007270070) that the FCC help crack down on social media. Even GOP lawmakers who were somewhat supportive cautioned regulators not to run afoul of the First Amendment.
The FCC applauded NARUC's asking members to review inmate calling service rates (see 2007230041) Thursday. FCC Chairman Ajit Pai asked state utility regulators Monday to reduce intrastate ICS prices (see 2007200058), with federal commissioners to vote Aug. 6 on lowering interstate rates (see 2007160072).
Six of the country’s largest radio groups will pay no monetary penalty for repeated political file obligations because of the COVID-19 pandemic’s effects on the radio industry, said a release and consent decrees on settlements for iHeartRadio, Cumulus, Entercom, Beasley, Alpha and Salem. “We recognize that this period has placed the radio broadcast industry as a whole under significant financial stress from a dramatic reduction in advertising revenues,” the consent decrees say as a reason for the lack of civil penalty. Most also point to the broadcasters having confessed to the violations as a reason for the light punishment, but Entercom’s were discovered through a complaint and FCC investigation and still won’t involve a penalty. Of Entercom’s 234 stations, 196 were found to have political file violations, the Entercom consent decree said. The other consent decrees said the broadcast groups notified the FCC of multiple violations among their stations, but don’t provide further details on the scope of the violations. “In February 2020, iHeart voluntarily informed the Bureau that many of its stations had not routinely been uploading records of requests for the purchase of political broadcast time in a timely manner,” is a representative example. The groups committed to best practices and compliance plans and improved their political file compliance in 2020 during the pandemic, the consent decrees said. The compliance plans require the broadcasters to file reports on political file compliance through December 2021. “It is critical that information about political advertising is transparent to the public and candidates for office,” said Media Bureau Chief Michelle Carey. “Adherence to the requirements in the consent decrees will ensure compliance with the online political file rules during this election year.” The current FCC “has found several creative ways to use the COVID-19 pandemic to allow broadcasters to avoid compliance with the rules and, now, to exculpate them from violations,” emailed Andrew Schwartzman, Benton Institute for Broadband & Society senior counselor. He represented transparency groups bringing complaints about broadcast political file obligations in the past. “Even with these wrist slaps, the Commission is at least showing broadcasters that they must pay attention to the political file rules,” he said. The broadcasters didn’t comment.