Tom Wheeler, nominated to be the next FCC chairman, will play a critical role in whether the agency should impose some kind of limits on how much 600 MHz spectrum any carrier can buy in the incentive auction of broadcast TV spectrum, according to numerous industry executives and former FCC officials.
The U.S. Court of Appeals for the D.C. Circuit allocated 40 minutes for oral argument on Verizon’s appeal of the FCC’s 2010 net neutrality rules, in an order handed down Thursday. The case is to be argued Sept. 9 starting at 9:30 a.m. The order allocated 20 minutes to Verizon and 20 minutes to FCC and intervenors. Public interest lawyer Andrew Schwartzman, a longtime court watcher, said the fact that the D.C. Circuit provided only 40 minutes for oral argument was a surprise, but that arguments likely will take much longer. “The over/under betting line would be that each side will wind up arguing for about 45 minutes,” said Schwartzman, who supports net neutrality. Judges David Tatel and Judith Rogers and Senior Judge Laurence Silberman are to hear argument.
The U.S. Court of Appeals for the D.C. Circuit allocated 40 minutes for oral argument on Verizon’s appeal of the FCC’s 2010 net neutrality rules, in an order handed down Thursday. The case is to be argued Sept. 9 starting at 9:30 a.m. The order allocated 20 minutes to Verizon and 20 minutes to FCC and intervenors. Public interest lawyer Andrew Schwartzman, a longtime court watcher, said the fact that the D.C. Circuit provided only 40 minutes for oral argument was a surprise, but that arguments likely will take much longer. “The over/under betting line would be that each side will wind up arguing for about 45 minutes,” said Schwartzman, who supports net neutrality. Judges David Tatel and Judith Rogers and Senior Judge Laurence Silberman are to hear argument.
A draft rulemaking notice that could lead to elimination of the UHF TV ownership discount listed as on circulation at the FCC may partially be a reaction to a recent spate of broadcasting mergers, said broadcast attorneys in interviews Monday. They said the change in the value of UHF stations since the DTV transition also could be a reason for the FCC to nix the discount. With the Sinclair/Allbritton and Tribune/Local TV deals brushing against or even exceeding the 39 percent ownership cap without the discount, according to Free Press, the commission may be trying to eliminate the UHF discount in advance of ruling on those mergers, said Fletcher Heald broadcast attorney Peter Tannenwald.
The three-judge panel selected to hear Verizon’s appeal of the 2010 FCC net neutrality order could be a good panel from the agency’s perspective, but there are few certainties in appellate law, said attorneys following the case closely. While Republican-appointed judges outnumber by 9-5 those appointed by Democrats at the U.S. Court of Appeals for the D.C. Circuit, two Democratic appointees, David Tatel and Judith Rogers, were selected for the panel, as was Laurence Silberman, widely viewed as the intellectual leader of the conservative appellant movement.
The three-judge panel selected to hear Verizon’s appeal of the 2010 FCC net neutrality order (CD June 26 p1) could be a good panel from the agency’s perspective, but there are few certainties in appellate law, said attorneys following the case closely. While Republican-appointed judges outnumber by 9-5 those appointed by Democrats at the U.S. Court of Appeals for the D.C. Circuit, two Democratic appointees, David Tatel and Judith Rogers, were selected for the panel, as was Laurence Silberman, widely viewed as the intellectual leader of the conservative appellant movement.
It is “past time” for the FCC to enforce the conditions of the Comcast/NBCUniversal deal order and make Comcast place the Bloomberg TV network in the same neighborhood as other news networks, said the cable programmer in a filing Tuesday (http://bit.ly/1cnx7ky). “After more than 29 months, over two years longer than the 180 days provided to the Commission to review the Merger, Bloomberg respectfully requests that the Commission enforce the Condition and issue a final decision on Bloomberg’s complaint.” Though Bloomberg has argued that Comcast should have to put Bloomberg’s standard-definition networks next to other news channels, Comcast has said it should only be required to put Bloomberg TV’s HD feed there (CD Oct 11/12 p12). Bloomberg pointed out that the deal order that contains the disputed neighborhood condition expires in just over four years. “That is to say that nearly 36 percent of the time required for the conditions has been allowed to run without full and meaningful implementation by Comcast of the news neighborhood condition,” said the filing. Bloomberg said the pleading cycle ended eight months ago on a Media Bureau decision to delay enforcing the condition until after an FCC review, but the commission has yet to take the matter. The FCC website listed a matter related to the companies as “on circulation” as of February. Comcast declined to comment. An FCC official said it’s not clear if acting Chairwoman Mignon Clyburn has a different take on the dispute than former Chairman Julius Genachowski, who was in control when the matter initially came before the agency. The Bloomberg filing may indicate that the company doesn’t want to wait for the commission’s current leadership transition, said public interest lawyer Andrew Schwartzman. “Waiting is costing Bloomberg money.” Schwartzman pointed out that it could be several months before FCC Chairman nominee Tom Wheeler takes office.
FCC staff are working behind the scenes on rules for the incentive auction of broadcast TV spectrum, even as it remains unclear when Tom Wheeler will be confirmed as chairman of the FCC, agency and industry officials say. While approval of auction rules will likely have to wait for Wheeler, the staff working on the auction is expected to do what they can in coming months, so they can present the new chairman with various options on the rules, including on the 600 MHz band plan, for quick decision once he arrives.
The FCC shouldn’t wait for the 2010 Quadrennial Review to review Raycom’s “defacto control” of three Honolulu TV stations, the Media Council Hawai'i told an aide to acting Chairwoman Mignon Clyburn, according to an ex parte filed Tuesday (http://bit.ly/129yeOO). MCH urged the agency to take action on MCH’s 2011 application for review, which challenges the Media Bureau order denying MCH’s ownership complaint against Raycom. “Although MCH filed comments in the 2010 Quadrennial Review proposing a test for attributing sharing arrangements like those in Honolulu, the 2010 Quadrennial Review has not yet been concluded,” said MCH. “Nor is it clear when the proceeding will be concluded or whether it will address the issue of shared services.” MCH also said the situation couldn’t wait for a challenge to Raycom’s license renewal, because such a challenge wouldn’t be due until 2015. MCH said the services shared among the three Honolulu stations has led to “the loss of an independent source of news,” and that along with the stations, Raycom’s Hawai'i News Now is “sharing resources and cross-promoting stories” with the city’s one remaining daily newspaper. “And because of its location, Hawai'i is unable to receive broadcast stations from other states,” said MCH in the ex parte letter. MCH said the FCC should act quickly to “prevent the creation of new ‘virtual duopolies’ in other communities.” Clyburn and her staff were also urged to resolve the Quadrennial Review by representatives of the Public Interest Spectrum Coalition, according to another ex parte filing (http://bit.ly/11pDiDq). Clyburn should “move forward on the broadcast ownership proceeding during her tenure, if possible, in order to resolve the issue before the new Chair takes office,” said PISC member Andrew Schwartzman, formerly of the Media Access Project, according to the filing. Schwartzman said relaxing ownership rules could encourage incentive auction-related speculation in broadcast licenses, driving up prices and lowering the returns from the auction, according to the letter. “It therefore makes sense to conclude what has now become a ten-year review and begin fresh with the next Quadrennial Review, scheduled for next year,” said Schwartzman.
A peering dispute between Verizon and Cogent Communications is bringing Internet transit arrangements into the limelight, as Netflix traffic over Verizon networks has slowed in recent days because of it, Cogent CEO Dave Schaeffer told us. That degradation has Cogent customer Netflix considering the use of a disclaimer on the videos it streams to Verizon customers, notifying them that Verizon is accountable for decreased speeds, he said. Netflix declined to comment.