Sinclair agreed to a $48 million civil penalty as part of settling an FCC probe of the company's since-killed takeover of Tribune Media, the agency announced (see 2005060061) Wednesday. FCC Chairman Ajit Pai said the agency isn't revoking Sinclair's licenses after staff investigated various allegations. That fit with expectations as staffers were reviewing lack of candor that potentially occurred during the pendency of Sinclair/Tribune (see 1906270068).
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The public interest in the FCC disclosing the IP addresses, user-agent headers and related time stamps of net neutrality proceeding comments filed in its electronic comment filing system "is great because the importance of the comment process to agency rulemaking is great." That's according to Judge Lorna Schofield of U.S. District Court for the Southern District of New York in an order Thursday (in Pacer, docket 18-cv-08607) granting a summary judgment motion by New York Times Co. It sued after the agency denied its Freedom of Information Act request for the application programming interface proxy server log containing the requested information (see 1809200023). The order denied an FCC motion for summary judgment and a Times motion for Plaintiffs’ motion for reasonable attorneys’ fees. The commission didn't comment. Litigation "should not have been necessary to get this vital information," emailed Benton Institute Senior Counselor Andrew Schwartzman. "I hope the Commission will now comply promptly rather than drag things out with appeals that will not succeed." Tweeted Commissioner Jessica Rosenworcel: "It's time for the agency to come clean."
The public interest in the FCC disclosing the IP addresses, user-agent headers and related time stamps of net neutrality proceeding comments filed in its electronic comment filing system "is great because the importance of the comment process to agency rulemaking is great." That's according to Judge Lorna Schofield of U.S. District Court for the Southern District of New York in an order Thursday (in Pacer, docket 18-cv-08607) granting a summary judgment motion by New York Times Co. It sued after the agency denied its Freedom of Information Act request for the application programming interface proxy server log containing the requested information (see 1809200023). The order denied an FCC motion for summary judgment and a Times motion for Plaintiffs’ motion for reasonable attorneys’ fees. The commission didn't comment. Litigation "should not have been necessary to get this vital information," emailed Benton Institute Senior Counselor Andrew Schwartzman. "I hope the Commission will now comply promptly rather than drag things out with appeals that will not succeed." Tweeted Commissioner Jessica Rosenworcel: "It's time for the agency to come clean."
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.
The FCC Wireline Bureau denied more time for comments on public safety aspects of the U.S. Court of Appeals for the D.C. Circuit’s Mozilla v. FCC net neutrality decision. California’s Santa Clara County, Los Angeles, New York City and others sought the extension for comments that were due Monday, after a 21-day extension granted by the FCC (see 2004170029). The April 16 request citing COVID-19 was too late; rules say extension motions must be filed at least seven days before filings’ due date, said Monday's order. “It is not plausible that Requestors first became aware of their purported need for additional time less than seven days before the deadline for initial comments on April 20.” Democratic FCC commissioners sought extra time. "Local governments and public safety officials have asked for more time to comment so that they rightfully can focus on responding to the public health emergency at hand," said Commissioner Jessica Rosenworcel. "It’s shameful that the FCC did not heed their request.” Commissioner Geoffrey Starks tweeted, "We should've done better." It's "shameful" the FCC doesn't "think that the pandemic is enough of an emergency to provide more time for first responders to file comments about how the Commission can ensure that first responders can serve the public in emergencies like pandemics," said Benton Institute for Broadband and Society Senior Counselor Andrew Schwartzman. Sunday, the California Public Utilities Commission supported a 60-day extension to comments. The record wouldn’t be complete without Santa Clara County since the court specifically referenced its concerns, but COVID-19 may limit its ability to weigh in, the CPUC said in docket 17-108. “These parties should not have to choose between protecting public health and safety and participating in this proceeding.” The FCC declined to comment beyond the order.
The FCC Wireline Bureau denied more time for comments on public safety aspects of the U.S. Court of Appeals for the D.C. Circuit’s Mozilla v. FCC net neutrality decision. California’s Santa Clara County, Los Angeles, New York City and others sought the extension for comments that were due Monday, after a 21-day extension granted by the FCC (see 2004170029). The April 16 request citing COVID-19 was too late; rules say extension motions must be filed at least seven days before filings’ due date, said Monday's order. “It is not plausible that Requestors first became aware of their purported need for additional time less than seven days before the deadline for initial comments on April 20.” Democratic FCC commissioners sought extra time. "Local governments and public safety officials have asked for more time to comment so that they rightfully can focus on responding to the public health emergency at hand," said Commissioner Jessica Rosenworcel. "It’s shameful that the FCC did not heed their request.” Commissioner Geoffrey Starks tweeted, "We should've done better." It's "shameful" the FCC doesn't "think that the pandemic is enough of an emergency to provide more time for first responders to file comments about how the Commission can ensure that first responders can serve the public in emergencies like pandemics," said Benton Institute for Broadband and Society Senior Counselor Andrew Schwartzman. Sunday, the California Public Utilities Commission supported a 60-day extension to comments. The record wouldn’t be complete without Santa Clara County since the court specifically referenced its concerns, but COVID-19 may limit its ability to weigh in, the CPUC said in docket 17-108. “These parties should not have to choose between protecting public health and safety and participating in this proceeding.” The FCC declined to comment beyond the order.
Publicize details of apparent 2016 Lifeline overpayments of millions of dollars to American Broadband and redact only personal customer data, the FCC ordered 5-0 on reconsideration. Overbroad and frivolous confidentiality claims "hamstring our ability to vindicate the public interest and deter wrongdoing," Commissioner Geoffrey Starks said Monday. He wants to resolve requests for confidentiality immediately upon receipt. "We need more decisions like this," Benton Institute for Broadband & Society Senior Counselor Andrew Schwartzman emailed. "The Commission has been far too compliant, for far too long, with respect to bogus claims of confidentiality."
Publicize details of apparent 2016 Lifeline overpayments of millions of dollars to American Broadband and redact only personal customer data, the FCC ordered 5-0 on reconsideration. Overbroad and frivolous confidentiality claims "hamstring our ability to vindicate the public interest and deter wrongdoing," Commissioner Geoffrey Starks said Monday. He wants to resolve requests for confidentiality immediately upon receipt. "We need more decisions like this," Benton Institute for Broadband & Society Senior Counselor Andrew Schwartzman emailed. "The Commission has been far too compliant, for far too long, with respect to bogus claims of confidentiality."
The FCC provided relief Thursday on additional filing deadlines, as industry and government groups face COVID-19. On Wednesday, as some expected (see 2003230058), the FCC extended the deadline on a net neutrality partial refresh (see 2003250041). Industry officials said in interviews more extensions are likely, though not with the amounts of time being sought in most cases.
Backers of extra filing time to comment on public safety aspects of the U.S. Court of Appeals for the District of Columbia Circuit’s Mozilla v. FCC net neutrality decision applauded the agency's 21-day extension announcement Wednesday (see 2003250031). Some left the door open to seeking more time. About a dozen groups had sought a month longer, citing COVID-19.