A federal appeals court largely affirmed an FCC order asserting its program access rules over vertically-integrated and terrestrially delivered programming. But it vacated a part of the rule closing some of the “terrestrial loophole” that labeled some acts of withholding such programming as categorically unfair. That step was arbitrary and capricious, the Court of Appeals for the D.C. Circuit found in Cablevision v. FCC. The decision led both proponents and critics of the rule to claim victory. “As we've said all along, and as this court reinforced, given the local and regional nature of terrestrial programming, such exclusives can be highly pro-competitive,” Cablevision said. Verizon, AT&T, USTelecom and Consumers Union praised the decision for affirming the FCC’s authority over terrestrially-delivered programming.
There’s disagreement along industry lines on whether changes to licenses that let pay-TV providers carry broadcast programming without signing deals with every copyright holder have import for retransmission consent deals. At a Copyright Office hearing Friday on changes it may propose to Congress on statutory licenses, broadcasters and some content creators said the licenses and retrans are unrelated to whatever the office ultimately proposes about phasing out some sections of the licenses. Cable, DBS and telco-TV providers said they may go hand-in-hand. PBS, which doesn’t strike retrans deals, doesn’t want to “become collateral damage” to any changes in that system, its lawyer said.
Universal broadband adoption will be as important to the news business as universal adoption of the delivery services for newspapers, radio and TV were to those media, FCC Chairman Julius Genachowski said in a speech at the Columbia Journalism School Friday. Genachowski, along with Knight Foundation President Alberto Ibargüen and FCC Senior Adviser Steve Waldman, spoke about the FCC report on the status and future of media (CD June 10 p1). Waldman was its primary author.
Finishing public safety network legislation before Sept. 11 will be a challenge, said Senate GOP aides at an event Thursday hosted by Politico and Microsoft. The Senate Commerce Committee approved the spectrum bill (CD June 9 p2) by Chairman Jay Rockefeller, D-W.Va., and Ranking Member Kay Bailey Hutchison, R-Texas, on Wednesday. But the bill must still get floor time in the Senate and win over House Commerce Committee Republicans who are skeptical of giving away the 700 MHz D-block for free to public safety, the aides said. Also at the event, an FCC aide provided an update on the agency’s work revamping the Universal Service Fund.
AT&T will file comments Friday that run more than 200 pages, along with nine affidavits, disputing arguments made in various petitions to deny by opponents of the AT&T/T-Mobile deal, Senior Vice President Robert Quinn said Thursday in a pre-filing briefing with reporters. Meanwhile, the California Public Utilities Commission voted to take a deep dive into information on the deal, launching a full review rather than just prepare comments to file at the FCC. Quinn said AT&T is not concerned about the CPUC investigation or any steps state regulators might take in California or elsewhere.
Sprint Nextel added Motorola to its roster of Google Android 4G smartphone suppliers, introducing the Photon as it continues to build its base of WiMAX-compatible products. Sprint’s lineup of 4G products now totals nearly 25 models including a half-dozen Android-based smartphones as well as modems and other devices. Also on the horizon is HTC’s 4G-based View tablet that is scheduled to launch June 24, featuring a seven-inch LCD with 1,024x600 resolution and a “Scribe” technology that allows user to take notes in their own handwriting with a stylus pen. Sprint also carries Samsung and LG Electronics 4G smartphones.
Broadband is among the priorities of the new White House Rural Council established Thursday by President Barack Obama through an executive order. The council, which will include representatives of the FCC and the Agriculture and Commerce departments, will support Obama’s plan to expand broadband networks in rural areas, the White House said. Rural telecom companies praised the council’s focus on public-private partnerships to spread broadband. The council will provide recommendations for rural investment and increase coordination between government agencies involved with rural issues. It also will coordinate federal with state, local and tribal government efforts, and promote public-private partnerships, the White House said.
GENEVA -- The idea of new annual fees for satellite network filings, discussed this week at the ITU Radiocommunication Advisory Group (RAG), drew “strong concerns” and strong opposition, sources said. The new fee concept was described in the ITU Radiocommunication Bureau (BR) director’s report to the meeting.
The FCC should start a proceeding to lay out what rules apply to online video distributors (OVDs), Public Knowledge said in comments filed with the commission this week. Its comments and others came in response to the FCC’s latest inquiry into the state of video competition. “The statute at no point expressly requires that cable systems be facilities-based,” Public Knowledge said. Online video providers that meet certain requirements including signal protection, should be allowed to opt into cable operator status under Title VI of the Communications Act, it said. “Such an opt-in would grant regulatory privileges (such as the right to negotiate for retransmission consent) as well as obligations (perhaps must-carry),” it said.
Apple partially complied Thursday with senators’ requests to remove DUI checkpoint applications from its App Store. Apple updated its App Store review guidelines to prohibit apps that include unpublished DUI checkpoint information and are deemed by some to encourage or enable drunk driving. The decision does not ban existing “drunk driving” apps and leaves wiggle room for app developers to use DUI checkpoint information published by law enforcement agencies in future apps.