Clear Channel’s $26.7 billion sale might not be subject to a vote by Commissioners if no ownership waivers are involved, said FCC and industry officials. The company likely hasn’t gotten waivers from Commission ownership rules because it hasn’t made any large acquisitions in recent years, said broadcast lawyers. The Media Bureau has authority to approve radio and TV station license transfers without full Commission vote when multiple station ownership limits aren’t exceeded, said agency officials. Commissioners typically vote on deals involving waivers, they said. A Clear Channel official wouldn’t say if the company has waivers, but industry lawyers said there don’t seem to be any. Even if Clear Channel has no waivers, the FCC may take time to review the sale. Minority groups said they may seek asset divestitures in markets where Clear Channel exceeds FCC ownership limits.

The Commission rescinded 2 of 4 indecency orders that were part of Fox vs. FCC and found expletives on the remaining shows were still profane. The agency upheld a previous finding (CD March 17 p1) that the 2002 and 2003 Fox Billboard Music Awards contained indecent material because they contained “fuck” or derivations. That finding sets the stage for a response to the 2nd U.S. Appeals Court, N.Y., from Fox that attacks the precedent set in 2004 by a separate indecency order on The Golden Globe Awards, said lawyers in the case. Comr. Adelstein slammed the Commission for not clarifying that precedent in his partial dissent of the order, released late Mon.

Critics of the AT&T-BellSouth merger warned the FCC Tues. that conditions proposed by AT&T aren’t enough to protect consumers and competitors. Competitors, special interest groups and others responding to the FCC’s call for comments on the AT&T proposals said the company’s suggestions aren’t bad but must be beefed up -- for example by adding a stronger net neutrality requirement.

Critics of the AT&T-BellSouth merger warned the FCC Tues. that conditions proposed by AT&T aren’t enough to protect consumers and competitors. Competitors, special interest groups and others responding to the FCC’s call for comments on the AT&T proposals said the company’s suggestions aren’t bad but must be beefed up -- for example by adding a stronger net neutrality requirement or putting in performance metrics and pricing guidelines for special access.

The FCC will soon unveil more unpublished broadcast ownership documents, media activists told us late Fri. The Commission granted a Freedom of Information Act request for the information on local radio content made by Georgetown U.’s Institute for Public Representation, said Prof. Angela Campbell, who made the inquiry Aug. 10: “They are going to make the information available to us… We have not received anything from them yet.” Lawmakers and the public will get the data simultaneously with its disclosure to Campbell’s group, said Media Access Project Pres. Andrew Schwartzman. “Obviously there is interest broader than just us,” he said: “It smells like there is a lot” of information, though the Commission hasn’t set a timeframe for disclosing it or described what’s in it. The cost for research has been pegged at more than $300,000 by current and former FCC staffers (CD Sept 20 p1). Chmn. Martin’s office was involved in the decision to release the documents, we're told. An FCC official declined comment. - JM

Conditions proposed by AT&T and BellSouth in a bid for FCC merger approval got a mixed review Mon., now that parties have had time to study the late-filed FCC public notice (CD Oct 16 p1). The agency late Fri. decided not to vote on the merger so public comment could be solicited on the proposed conditions. The FCC called for comments by Oct. 24 on an AT&T list of proposed conditions that was submitted as an ex parte filing.

Conditions proposed by AT&T and BellSouth in a bid for FCC merger approval got a mixed review Mon., now that parties have had time to study the late-filed FCC public notice (WID Oct 16 p5). The agency late Fri. decided not to vote on the merger so public comment could be solicited on the proposed conditions. The FCC called for comments by Oct. 24 on an AT&T list of proposed conditions that was submitted as an ex parte filing.

FCC Chmn. Martin decided Fri. not to press for a vote on the AT&T-BellSouth merger so public comment could be solicited on proposed conditions emerging from negotiations among the commissioners. Martin said the vote could occur at the Nov. 3 open meeting if not sooner by circulation. The proposed conditions were offered late in the week by AT&T in response to FCC requests for language addressing the Democratic commissioners’ concerns.

If the FCC favors approval of the AT&T-BellSouth merger, it at least should set conditions aimed at guarding consumers, public interest groups said Wed. at a news conference listing their reasons for opposing the merger. Those reasons vary with each body’s membership.

If the FCC favors approval of the AT&T-BellSouth merger, it at least should set conditions aimed at guarding consumers, public interest groups said Wed. at a news conference listing their reasons for opposing the merger. Those reasons vary with each body’s membership. The merger “can’t go forward while allegations are pending” about AT&T giving the National Security Agency access to customer records, Barry Steinhardt, dir.-ACLU’s Technology & Liberty Program, said. The FCC must investigate AT&T’s alleged ties to the NSA before approving the merger, he said. Mark Cooper, Consumer Federation of America research dir., said he was worried about “the anticompetitive and anticonsumer impact of the merger” and called for conditions requiring naked DSL, net neutrality and special access that he said would affect consumers’ prices and choices. Answering a question, he said some of those conditions may be imposed, because the agency made similar requirements of previous mergers. The merging partners will have a “tremendous amount of spectrum,” including “warehoused” spectrum new competitors could use, Media Access Project Pres. Andrew Schwartzman said. A proposed order FCC Chmn. Martin is circulating to fellow commissioners calls for approving the merger but doesn’t specify any conditions. Sources at the agency said conditions may be added as a result of expected negotiations between Martin and other commissioners. “There are always those who'll try to use these proceedings to peddle their personal bugaboos,” an AT&T spokesman said: “We're confident the FCC and DoJ recognize the significant public interest and consumer benefits of our merger.”