Federal appellate judges were skeptical Wednesday of math the Independent Producers Group used to assert an arbitrary and capricious Copyright Royalty Board decision cost video content producers $28 million in MVPD retransmission royalties. Appellant counsel and appellee intervenor counsel told us the U.S. Court of Appeals for the D.C. Circuit could rule in a month or two. They said IPG challenging a CRB 2019 order on distribution of cable and satellite royalties (docket 18-1337) doesn't have broader copyright royalty implications.
The Commerce Spectrum Management Advisory Committee’s Spectrum Strategy Governance Subcommittee plans to release this summer a report on potential major changes to federal oversight of spectrum (see 2001270046), members said Wednesday. One focus remains combining the FCC and NTIA. The meeting was delayed 30-plus minutes as members struggled to get online during the group’s first meeting in the COVID-19 era.
Commissioners are expected to unanimously approve before Thursday’s meeting an order relaxing low-power FM technical restrictions and an NPRM on expanding video descriptions, FCC officials told us. The video description draft isn’t expected to undergo much change. The LPFM order's final version is expected to include changes to the section on waivers for channel 6 interference and possible changes on directional antennas.
States are directing broadband funds to COVID-19 response, but many others lack that ability, said state commissioners, legislators and broadband officials in recent interviews. The pandemic increased states’ urgency to close broadband gaps and could lead to policy changes, they said.
AT&T outlined its much-anticipated HBO Max service Tuesday. It said subscribers will have access on launch day to six “Max Originals”: scripted comedy Love Life; feature documentary On the Record; dance competition series Legendary; Craftopia; new Looney Tunes Cartoons; and Sesame Workshop’s The Not Too Late Show with Elmo.
The FCC isn't backing down against robocalls, Wireline Bureau Chief Kris Monteith told an FCBA webinar Tuesday. “Work is ongoing at the commission and growing on all fronts,” she said. “We will continue to make policy to allow for better enforcement to promote industry efforts to prevent robocalls."
The FCC will take on the long-stalled 900 MHz realignment, allowing broadband in the swath that has been used for narrowband communications including two-way dispatch, Chairman Ajit Pai blogged Tuesday, previewing the May 13 meeting agenda. Also slated are regulatory fees for foreign-licensed satellite operators, a proposed streamlining and revision of broadcaster license notifications, and an earth stations in motion (ESIM) order.
The full FCC unanimously approved a reconsideration order clarifying some aspects of the agency’s previous clarification of its political file rules (see 2003300046). As industry sought, the regulator clarified that the political advertising reporting policies it instituted in October apply only to third-party issue ads, not candidate ads. The agency said it will use “a standard of reasonableness and good faith” in judging whether broadcasters are complying with rules for commercials in determining whether the spots trigger disclosure obligations, concern a national issue, or appropriately use acronyms or abbreviations. All other issues raised in recon petitions by NAB and broadcasters including Scripps and Meredith are “pending,” said a footnote.
Some want more clarity about the FCC's role regulating broadband, said comments posted through Tuesday. The agency asked to refresh dockets including 17-287, on how broadband service's reclassification as an information, not telecom, service affects authority over Lifeline, pole attachment agreements and public safety. Commenters disagreed whether the FCC should reconsider based on the public safety considerations.
President Donald Trump renewed his support Tuesday for efforts to include broadband funding in a fourth major COVID-19 legislative package, amid continued Capitol Hill interest in addressing broadband in future pandemic-related measures. The fortunes of broadband funding as part of future pandemic-related bills fluctuated in the weeks since Trump signed the Coronavirus Aid, Relief and Economic Security Act, the most recent aid bill (see 2003270058). Many tech and telecom entities listed proposals to include broadband funding in HR-748 and future aid legislation as one of the issues they lobbied the Hill on during Q1.