Legislators so far are reacting along party lines to NTIA’s petition (see 2007270070) that the FCC help crack down on social media. Even GOP lawmakers who were somewhat supportive cautioned regulators not to run afoul of the First Amendment.
The FCC applauded NARUC's asking members to review inmate calling service rates (see 2007230041) Thursday. FCC Chairman Ajit Pai asked state utility regulators Monday to reduce intrastate ICS prices (see 2007200058), with federal commissioners to vote Aug. 6 on lowering interstate rates (see 2007160072).
Six of the country’s largest radio groups will pay no monetary penalty for repeated political file obligations because of the COVID-19 pandemic’s effects on the radio industry, said a release and consent decrees on settlements for iHeartRadio, Cumulus, Entercom, Beasley, Alpha and Salem. “We recognize that this period has placed the radio broadcast industry as a whole under significant financial stress from a dramatic reduction in advertising revenues,” the consent decrees say as a reason for the lack of civil penalty. Most also point to the broadcasters having confessed to the violations as a reason for the light punishment, but Entercom’s were discovered through a complaint and FCC investigation and still won’t involve a penalty. Of Entercom’s 234 stations, 196 were found to have political file violations, the Entercom consent decree said. The other consent decrees said the broadcast groups notified the FCC of multiple violations among their stations, but don’t provide further details on the scope of the violations. “In February 2020, iHeart voluntarily informed the Bureau that many of its stations had not routinely been uploading records of requests for the purchase of political broadcast time in a timely manner,” is a representative example. The groups committed to best practices and compliance plans and improved their political file compliance in 2020 during the pandemic, the consent decrees said. The compliance plans require the broadcasters to file reports on political file compliance through December 2021. “It is critical that information about political advertising is transparent to the public and candidates for office,” said Media Bureau Chief Michelle Carey. “Adherence to the requirements in the consent decrees will ensure compliance with the online political file rules during this election year.” The current FCC “has found several creative ways to use the COVID-19 pandemic to allow broadcasters to avoid compliance with the rules and, now, to exculpate them from violations,” emailed Andrew Schwartzman, Benton Institute for Broadband & Society senior counselor. He represented transparency groups bringing complaints about broadcast political file obligations in the past. “Even with these wrist slaps, the Commission is at least showing broadcasters that they must pay attention to the political file rules,” he said. The broadcasters didn’t comment.
Chairman Ajit Pai said Wednesday the FCC will stick with Dec. 8 for starting the auction of C-band spectrum for 5G, circulating draft final auction procedures (see 2007150047). Commissioners approved the auction 3-2 in February, including a procedures NPRM (see 2002280044). The FCC will also consider inmate calling services rates and media modernization among other items at the Aug. 6 commissioners’ meeting.
States and privacy advocates hailed a federal court ruling Tuesday that said Maine’s ISP privacy law isn’t preempted by Congress or the FCC. The U.S. District Court of Maine order (in Pacer) is a preliminary win for Maine’s 2019 law countering Congress’ 2017 Congressional Review Act (CRA) repeal of 2016 FCC broadband privacy rules. It could pave the way for more state privacy laws and may have implications for state net neutrality laws, said the state law's supporters.
Monday's Supreme Court decision on whether the president can fire the Consumer Financial Protection Bureau director doesn’t have much bearing on the FCC, said attorneys and academics in interviews. Seila Law v. CFPB hinged on whether provisions protecting the CFPB director from removal were legal. The court struck down those rules in a 5-4 decision. Chief Justice John Roberts said protections against removal for agencies headed by multimember commissions or boards from both parties -- such as the FCC or FTC -- are distinct from protections for those headed by a single individual, such as the CFPB. That means the ruling is unlikely to have much application for the FCC or FTC, said University of Minnesota School of Journalism assistant professor-media law Christopher Terry and Andrew Schwartzman, Benton Institute for Broadband & Society senior counselor.
Monday's Supreme Court decision on whether the president can fire the Consumer Financial Protection Bureau director doesn’t have much bearing on the FCC, said attorneys and academics in interviews. Seila Law v. CFPB hinged on whether provisions protecting the CFPB director from removal were legal. The court struck down those rules in a 5-4 decision. Chief Justice John Roberts said protections against removal for agencies headed by multimember commissions or boards from both parties -- such as the FCC or FTC -- are distinct from protections for those headed by a single individual, such as the CFPB. That means the ruling is unlikely to have much application for the FCC or FTC, said University of Minnesota School of Journalism assistant professor-media law Christopher Terry and Andrew Schwartzman, Benton Institute for Broadband & Society senior counselor.
The FCC’s $48 million settlement with Sinclair Broadcast doesn’t find the company in violation of the FCC’s candor rules, nor require the company to admit violations of the good faith negotiation or of candor requirements, said the order and consent decree released Friday. It also prevents any future enforcement action or petitions to deny based on the company’s sponsorship ID violations or other matters (see 2005060063).
Small satellite operators (SSO) challenging the FCC's C-band clearing order (see 2005050047) asked the agency to delay acting further pending judicial review before the U.S. Court of Appeals for the D.C. Circuit. Proceeding watchers said the agency is unlikely to accede. The commission didn't comment.
A voted on yet unreleased order and consent decree resolving investigations into conduct of Sinclair (see 2005060063) doesn’t conclude it was untruthful with the commission and says the TV broadcaster acted in good faith based on the company’s understanding of precedent during negotiations to buy Tribune, industry and FCC officials told us Thursday. The order and consent decree was approved 3-2, with the Democrats opposed, officials said. The decree includes a compliance plan that requires reporting for four years but doesn’t involve spinoffs or other stiffer requirements beyond the $48 million penalty, and prevents further FCC proceedings on the allegations, the officials said.