The FTC has funding to operate through 11:59 p.m. EST Friday, a spokesperson said Thursday. The agency previously said it would operate through at least mid-day Friday if there were a lapse in funding (see 1812210048). The agency’s latest contingency plan shows it operating at about 23 percent in a shutdown. Employees working Friday can complete shutdown responsibilities before the end of the work day, the spokesperson said.
The Office of the U.S Trade Representative issued its first list of product exclusions from the 25 percent Trade Act Section 301 tariffs on Chinese imports, granting full or partial exemptions for nearly two dozen 10-digit Harmonized Tariff Schedule subheadings, said a notice posted Friday at the agency’s website. The exclusions apply retroactively to July 6, the date the first tranche of tariffs took effect, and will remain in effect until one year after the USTR’s notice is published in the Federal Register.
Congressional hearings with executives from Facebook, Twitter and Google spurred criticism that lawmakers lack the expertise to properly question Silicon Valley. In interviews, tech-minded House lawmakers from both parties dismissed the criticism, though some said their colleagues should be better educated.
ESPN emailed Fios TV customers Wednesday warning they risk losing access to the channel if Disney and Verizon can't come to terms on a new contract when the current one expires New Year's Eve.
The Wireless ISP Association and the Utilities Technology Council jointly told the FCC the record shows overwhelming support for their joint request asking the FCC to waive requirements that 3650-3700 MHz licensees complete the transition to Part 96 citizens broadband radio service rules by April 17, 2020 (see 1812040002). Reply comments were due at the FCC Friday. CTIA and NCTA were among the commenters opposing a blanket waiver.
The FCC’s case-by-case top-four rule is a “nebulous promise” that leaves small and mid-market stations in “regulatory limbo,” said a group of broadcasters in an opening brief filed Friday (see 1812210070) in the 3rd U.S. Circuit Court of Appeals as part of the legal challenge of the FCC’s 2014 quadrennial review. The Multicultural Media Telecom and Internet Council and National Association of Black Owned Broadcasters filed a brief (in Pacer) challenging the incubator order and FCC inaction on diversity rules, and anti-consolidation groups filed a joint challenge of the agency’s eligible entity definition and ownership rules. Together, the legal challenges are expected to create uncertainty about FCC’s media ownership policy and the 2018 quadrennial review throughout 2019, broadcast attorneys told us.
Wednesday saw no signs of progress on an agreement to end the impasse on border wall funding between Capitol Hill and President Donald Trump that led to a shutdown of parts of the federal government (see 1812210048). Trump and congressional Democrats weren't directly negotiating but staff-level discussions continue, Hill aides said. Congress is set to reconvene Thursday afternoon, but neither the House nor Senate had scheduled votes.
FCC approval Thursday of Gray Television buying Raycom without additional conditions is a positive sign for other broadcasters weighing deals (see 1812200065) but doesn’t shed much light on larger-scale deals such as Nexstar/Tribune, said attorneys, broadcasters and analysts in interviews the following day. “It provides cautious optimism,” said Patrick Communications media broker Gregory Guy. Staff OK is a sign Sinclair/Tribune’s dissolution didn’t stem from “a fundamental change” at DOJ or the FCC, he said.
Despite heightened local opposition (see 1812170043), the FCC likely won't retreat from its plan to make it harder for local franchise authorities to get cable operators to provide extra services and carry public, educational and government programming, predicted those on both sides of the LFA issue. Those obligations have been in addition to fees LFAs collect from cable, with the amount as much as 5 percent of cable-TV providers' video revenue. Stakeholders expect the commission will make it tougher for local governments to get extras from cable providers without having to deduct those perquisites from the federal 5 percent cap. No immediate action is expected and it's thought staff aren't close to any final decisions.
Litigation looms over a lengthy FCC jurisdictional separations freeze despite buy-in from key state regulators. Critics plan a court challenge to a Dec. 17 order extending the freeze on rules allocating most regulated costs to intrastate rather than interstate services, which they say eases illegal cross-subsidies. “We’re going to definitely appeal," said Bruce Kushnick, New Networks Institute executive director. Commissioner Mike O'Rielly, chairman of a federal-state joint board on separations, and others said the rules are becoming less relevant, applying to fewer carriers.