The Senate Commerce Committee has apparently pushed back the confirmation hearing for NTIA nominee Arielle Roth and Republican FCC nominee Olivia Trusty, several communications sector officials and lobbyists told us Friday. The panel was eyeing March 13 for the hearing (see 2503060066). A new date was not circulating Friday, but some lobbyists expect the hearing to happen later this month. Lobbyists were not certain why Senate Commerce decided to postpone, but some previously noted that it was uncertain whether the panel would be able to include Trusty on March 13's agenda. A Senate Commerce Democratic spokesperson said Thursday afternoon that the minority office still hadn't received the necessary executive branch paperwork to move either nominee forward. President Donald Trump nominated Roth, Senate Commerce Republicans’ telecom policy director, in early February (see 2502040056). He picked Trusty, a Senate Armed Services Committee Republican staffer, for the FCC seat former Chairwoman Jessica Rosenworcel vacated Jan. 20 (see 2501160077).
The American Civil Liberties Union, Committee to Protect Journalists and others are expressing dismay at what they see as the FCC putting politically motivated pressure on media organizations and broadcasters "who exercise protected speech that the current administration disfavors."
Schools, Health and Libraries Broadband Coalition Executive Director John Windhausen told us that a potential vote on a Congressional Review Act resolution of disapproval (S.J.Res. 7) to undo the FCC's July 2024 order allowing E-rate funding for off-premises Wi-Fi hot spots and wireless could be difficult for “a lot of senators because the applications for" that money are coming from 46 states (see 2503060059).
The FCC has received complaints indicating that Google's YouTube TV has a policy of discriminating against faith-based programming, according to FCC Chairman Brendan Carr. Carr posted Friday on X a letter he sent to Sundar Pichai, CEO of Google parent Alphabet, and YouTube CEO Neal Mohan. In it, Carr requested that Google and YouTube brief FCC staff on the role of virtual multichannel video programming distributors in the media marketplace "and YouTube TV's carriage negotiation process, including the potential role of viewpoint-based discrimination." Carr cited a complaint from Great American Media alleging that YouTube TV "deliberately marginalizes faith-based and family-friendly content" and "refuses to carry" its Great American Family network.
The FCC's Note 11 rule, regulating TV network affiliations changing hands, might exceed the agency's Communications Act authority, a pair of 11th U.S. Circuit Court of Appeals judges said Friday as the court vacated a $518,283 fine against Gray Television for violating the rule. Neither the commission nor Gray, which was challenging the forfeiture order (see 2301040059), commented. The FCC charged that Gray violated rules against owning two top-four stations in a market when it bought the network affiliation of an Anchorage TV station from Denali Media.
Supporters of the FCC’s July order reducing call rates for people in prison while establishing interim rate caps for video calls (see 2407180039) said Friday they’re cautiously optimistic that the agency won’t make significant rules changes. Chairman Brendan Carr expressed some concerns in July and concurred with only parts of the incarcerated people’s communication services (IPCS) order, but he also said most of his objections were already addressed. The order implements the Martha Wright-Reed Act of 2022.
The satellite industry is urging the FCC Space Bureau to establish that routine earth station applications will go on public notice within 30 days of the filing fee and be deemed granted if no objection comes within 45 days of the public notice date. In a docket 22-411 filing Thursday recapping a meeting with bureau Chief Jay Schwarz and other staffers, the Satellite Industry Association said it also urged that any FCC streamlining of satellite and earth station application reviews should automatically grant earth station and satellite special temporary authority renewals until staff acts on the first renewal or the underlying modification application. SIA said the agency should clarify and publicize requirements for RF safety studies. SIA also pitched a process for coordinating commercial space station and earth station applications with NTIA. Satellite operators have been at odds over some shot clock issues in the streamlining proceeding (see 2401090051). Joining SIA in the meeting with the Space Bureau were representatives of Eutelsat/OneWeb, Telesat, Iridium, Planet Labs and Intelsat.
The U.S. Court of Appeals for the D.C. Circuit has shot down financier BIU's challenge of the FCC allowing satellite operator Spectrum Five (S5) to withdraw a complaint against Inmarsat. In a four-page judgment Thursday (docket 24-1189), the three-judge panel said the FCC wasn't being arbitrary and capricious when it found that the reinstatement request was a private contractual dispute, and BIU has the ability to go back to the FCC if it prevails in that contract dispute. In oral argument Jan. 10, the judges seemed satisfied with the idea that BIU could bring its fraud-related claims back to the agency after a state court rules on its rights as a stakeholder in S5 (see 2501100010). Deciding were Judges Sri Srinivasan, Harry Edwards and Michelle Childs.
A consortium seeking to buy Paramount Global is raising red flags regarding rival Skydance Media's proposed Paramount deal. In a docket 24-275 filing posted Thursday, Project Rise Partners (PRP) said the FCC should examine the risks that the Skydance/Paramount deal raises about perpetuating practices of bundling networks in a way that inhibits the creation of programming content and about the influence of the Chinese government over one of the major national broadcast networks. The FCC also should consider the dangers the Skydance deal raises of higher consumer prices and undermined integrity of broadcast news, PRP said. It said it wants to create "a greenhouse for new content, including conservative, progressive, niche voices, and unrestrained freedom of expression" and "is intent on modernizing, diversifying, and expanding brands like BET, MTV, Nickelodeon, and Showtime rather than eliminating them." Pointing to Chinese company Tencent Holdings' investment in Skydance, PRP said the FCC should look into how Tencent is operating in the U.S. directly or indirectly, adding that Tencent could be operating through Skydance. House China Committee Chairman John Moolenaar, R-Mich., has called for a Committee on Foreign Investment investigation of the Skydance deal because of Tencent's investment (see 2501160055). The co-chairs of PRP are Daphna Edwards Ziman, head of independent network Cinemoi, and Moses Gross, managing trustee of Malka Investment Trust.
Today's video distribution marketplace is working efficiently, with multichannel video programming distributors (MVPDs) lacking undue market power and facing growing competition, Free State Foundation Senior Fellow Andrew Long wrote Thursday. The idea of rules applying exclusively to traditional MVPDs "cannot withstand even the slightest scrutiny," he added. Virtual MVPDs aren't subject to the FCC's proposed programming blackout rebate requirement and are outside the scope of the Stop Sports Blackouts Act. If that bill (see 2501310062) becomes law, it would hasten MVPD subscriber losses and "further tilt the regulatory status quo toward ascendant streaming options, and lead to less competition overall," Long said. He added that the FCC's proposed blackout rebate would also make distributors the automatic responsible party and incentivize programmers to ramp up their demands more than they would otherwise.