Attendees said a closed-door Hill meeting Friday was a productive starting point as Congress pursues an update to the Telecom Act. But it was more a listening session than a negotiation over any specific proposal, they told us afterward. The two-hour session was moderated by Bruce Wolpe, senior adviser on the House Commerce Committee, and included 31 participants representing ISPs, Internet edge companies, think tanks, labor and public interest groups. More meetings are planned next month, with the next set for July 2.
The broadband reclassification proposal that FCC Chairman Julius Genachowski will circulate Thursday makes clear the agency won’t forebear from its responsibilities under Section 257 of the Telecom Act to file reports on reducing market barriers to small and minority-owned companies, a commission official said. Genachowski’s proposal is for the agency to reclassify broadband transport from a lightly regulated information service to a common carrier service under Title II and forbear from all but six of its 48 sections. Concerns have been raised that the commission would forgo enforcement of the civil rights provision.
The FCC wants to know if consumers are satisfied with media they use, and how to measure that satisfaction. Those are among the more than 100 questions on online, print, radio and TV media asked in a notice of inquiry on the 2010 quadrennial review. It was released Tuesday afternoon, with questions largely along the lines of what had been anticipated (CD May 18 p4). Some questions about measuring the extent to which broadcasters serve their community raised the hackles of Commissioner Robert McDowell, who, like some industry and public interest officials (CD April 2 p1), suggested a rulemaking would have been possible without an inquiry.
The FCC requested extensive information about Comcast’s cable operations in its review of Comcast’s takeover of NBC Universal. In a 63-question information and discovery request, the commission sought details of Comcast cable and programming assets, its switched digital video deployments, its online video assets, its VoD systems, descriptions of its discussion with online video distributors such as Hulu, Boxee, YouTube, Amazon and iTunes. The commission also asked Comcast to describe all its arbitration proceedings for carriage of regional sports networks, its agreements with major sports leagues, the types of set-top boxes it uses and the kinds of devices it would consider using in the future. Comcast declined to comment on the request. Media Access Project said this is exactly the kind of information it has asked the commission to collect in other large transactions. “We're delighted that the FCC is taking this transaction seriously,” said Andrew Schwartzman, MAP senior vice president and policy director. “Today’s action certainly doesn’t mean the FCC is going to disapprove the deal, but it does indicate that the commission is undertaking an in depth review.” A cable industry source said the request comes very early on in the commission’s review process, which could be a sign that it is proceeding quickly.
The FCC restarted its 180-day clock on review of Comcast’s agreement to buy control of NBC Universal after the companies on Tuesday submitted economic studies requested by commission staff. In pausing the clock at 29 days elapsed last month (CD April 19 p1), the Media Bureau said it would restart after the studies, on the stated benefits of the deal and its impact on online video competition, were filed. A bureau public notice Wednesday afternoon set new deadlines for opposition to the deal and other comments.
The FCC restarted its 180-day clock on review of Comcast’s agreement to buy control of NBC Universal after the companies on Tuesday submitted economic studies requested by commission staff. In pausing the clock at 29 days elapsed last month (WID April 19 p4), the Media Bureau said it would restart after the studies, on the stated benefits of the deal and its impact on online video competition, were filed. A bureau public notice Wednesday afternoon set new deadlines for opposition to the deal and other comments.
The FCC is expected to hire an outsider to oversee review of Comcast’s planned buy of NBC Universal to augment existing staff efforts of what many inside and outside the commission see as a unique deal because of the combination of broadband and cable with broadcast properties, agency and industry officials said. The move would be unusual in that most major transactions before the regulator are solely reviewed by long-time officials, though not unprecedented because of this commission’s hiring of outsiders for various roles. The regulator has looked at hiring existing employees and people outside the agency for the new role, FCC and industry officials said. It decided to hire an external candidate, an agency official said. We couldn’t learn the person’s name. This commission has used outsiders to work on the National Broadband Plan, most notably Blair Levin, who led that work.
Comcast-NBC Universal still may face FCC field hearings even after the Media Bureau denied a request to pause review of the deal until holding the sessions (WID April 6 p3), agency and public interest officials said. Commissioners Mignon Clyburn and Michael Copps have expressed support for the idea, and colleagues may not object if the hearings are scheduled, they said. The commission hasn’t made a decision, they said. Representatives of three of the groups that sought the informational hearings said they're optimistic that they'll get at least one. That’s because the two Democratic commissioners want the hearings, and they'd show that the FCC is taking extra steps to be transparent and let people comment on the deal without making a filing, the activists said. A Media Bureau spokeswoman declined to comment. “Having a hearing allows people to go talk to the commissioners and really put a face on it, and I think that’s important to the commission in its review,” said Policy Counsel Corie Wright of Free Press. “I'm hopeful that they realize and acknowledge that that’s the particular role they can play in vetting this merger” as part of the public-interest review. The Media Access Project, another group requesting hearings, will “press very hard for them, and I am cautiously optimistic that we will obtain them,” said Senior Vice President Andrew Schwartzman. “I think that the commission is going to see the broad public concern that’s being raised and this is a commission that is committed to transparency.” A Comcast spokeswoman declined to comment.
Comcast-NBC Universal still may face FCC field hearings even after the Media Bureau denied a request to pause review of the deal until holding the sessions (CD April 6 p10), agency and public interest officials said. Commissioners Mignon Clyburn and Michael Copps have expressed support for the idea, and colleagues may not object if the hearings are scheduled, they said. The commission hasn’t made a decision, they said.
The provider of radio ratings and representatives of more than 400 stations settled a years’ long dispute over the sampling methodology of portable devices whose implementation led to declines in some broadcasters’ audience share estimates. Thursday’s settlement between the PPM Coalition and Arbitron, provider of Portable People Meters, came after the FCC encouraged both sides to settle, as did a judge overseeing a related case, participants said. Another turning point was said to be the installation of William Kerr as Arbitron CEO in January after Michael Skarzynski resigned suddenly because he mischaracterized testimony on PPMs before the House Oversight Committee (CD Jan 13 p3).