An appeals court said the FCC can’t find broadcasts indecent if they include a single curse because in 2004 the agency changed enforcement policy without giving sufficient reason for doing so or analyzing the change. U.S. Appeals Court, N.Y., remanded the whole “fleeting expletive” policy to the FCC, vacating 2 orders finding Fox’s Billboard 2002 and 2003 shows indecent. In a ruling written by Judge Rosemary Pooler, she and Peter Hall said the FCC violated the Administrative Procedure Act (APA) in finding U-2 singer Bono’s utterance of “fucking” in 2003 on NBC’s Golden Globe Awards show indecent. Judge Pierre Leval dissented, saying the Commission gave the industry plenty of notice it was changing enforcement and didn’t violate administrative procedure.
News Corp. is unlikely to face significant regulatory hurdles if it gets an agreement to buy Dow Jones (CD May 2 p12), broadcast lawyers and a media activist agreed. At first glance, the FCC seems to have little ground to block such a deal, since broadcast/newspaper cross-ownership rules wouldn’t be triggered, said the attorneys and Media Access Project Pres. Andrew Schwartzman. Analysts cheered the bid, saying News Corp.’s cable and broadcast properties would benefit from joining with Dow’s extensive online operations. A deal is anything but certain, however, as Dow Jones’ controlling Bancroft family rejected the $5 billion effort late Tues.
Completion of some FCC media ownership studies has been delayed because authors were waiting for data and contracts from the agency, said some of the researchers. Publication of the full batch of 10 economic studies has been delayed, said FCC and industry officials, and the slowdown is a reason the Commission’s media ownership review may take more time than expected at first. Another reason is the need to complete a series of 6 ownership hearings and several localism meetings. The 4th ownership hearing is scheduled for today (Mon.) in Tampa.
Taking Tribune’s broadcast assets private in a leveraged buyout valued at about $8.2 billion would require a series of FCC waivers, broadcast officials said. Tribune accepted investor Sam Zell’s offer to take the company private over a similar competing bid by Eli Broad and Ron Burkle. Tribune will take on $7 billion in new debt to complete the deal, some to be paid down by selling the Chicago Cubs and the company stake in the Comcast Sports Net Chicago network. Publicly traded Tribune bonds aren’t involved in the deal. Tribune began considering a sale last year after a large shareholder pushed it to spin off the broadcast group (CD June 15 p18).
Campaigning to mobilize musicians for net neutrality, the Future of Music Coalition (FMC) Tues. announced a Rock The Net campaign and website, FutureOfMusic.org/RockTheNet. Rock The Net -- endorsed by House Telecom & Internet Subcommittee Chmn. Markey (D-Mass.), 26 bands and others -- maintains that indie musicians will suffer unless Congress stops AT&T, Verizon and other ISPs from charging websites for extra bandwidth. The campaign is “big, powerful and going to rock,” Markey said.
Campaigning to mobilize musicians for net neutrality, the Future of Music Coalition (FMC) Tues. announced a Rock The Net campaign and website, FutureOfMusic.org/RockTheNet. Rock The Net -- endorsed by House Telecom & Internet Subcommittee Chmn. Markey (D-Mass.), 26 bands and others -- maintains that indie musicians will suffer unless Congress stops AT&T, Verizon and other ISPs from charging websites for extra bandwidth. The campaign is “big, powerful and going to rock,” Markey said.
The FCC voted 5-0 Thurs. to study network management practices among telecom and cable broadband providers although Comrs. Copps and Adelstein said the agency should have taken stronger action. The Commission approved a net neutrality “notice of inquiry” (NOI) asking how telecom companies manage networks, whether there’s evidence of discriminatory practices and whether the FCC should expand 4 non-binding net neutrality “principles” it wrote in 2005. The NOI asks if a 5th principle should be added to encourage “nondiscrimination,” FCC officials said at the meeting.
The FCC voted 5-0 Thurs. to study network management practices among telecom and cable broadband providers although Comrs. Copps and Adelstein said the agency should have taken stronger action. The Commission approved a net neutrality “notice of inquiry” (NOI) asking how telecom companies manage networks, whether there’s evidence of discriminatory practices and whether the FCC should expand 4 non-binding net neutrality “principles” it wrote in 2005. The NOI asks if a 5th principle should be added to encourage “nondiscrimination,” FCC officials said at the meeting.
Comr. McDowell said Thurs. he has made no decision on a Skype petition asking that Carterfone rules apply to wireless. McDowell, addressing the Content Abundance in a Multiple World conference at Catholic U., said today’s timetable gives small and rural carriers time to prepare for the 700 MHz auction. He urged that the FCC “create incentives” for the private sector to cut the cost of effective safety communications.
Comr. McDowell said Thurs. he has made no decision on a Skype petition asking that Carterfone rules apply to wireless. He was addressing the Content Abundance in a Multiple World conference at Catholic U.