That so many public affairs programmers have departed since the last time the FCC examined the challenges independent programmers face speaks to the difficulty of getting linear carriage in a market where big programming conglomerates dominate, Newsmax CEO Chris Ruddy wrote Tuesday in docket 24-115. In addition, the loss also points to the challenge traditional multichannel video programming distributors face in competing with unregulated virtual MVPDs, he wrote. Gone are programmers such as One America News, TheBlaze and Black News Channel, Ruddy noted. Further regulating MVPDs while giving "a regulatory free pass" to vMVPDs will only increase the imbalance of that competition, meaning traditional MVPDs have even fewer resources to put toward indie programmers, Ruddy wrote. Pointing to the FCC's proposed ban on most-favored-nation contract terms, he argued for a focus on unconditional MFNs. Conditional MFNs entitle an MVPD to certain contractual rights that a programmer has offered another MVPD, as long as the first MVPD also accepts related terms and conditions contained in the agreement with the latter MVPD. Unconditional MFNs aren't obligated to also accept the related terms and conditions.
The FCC treats its quadrennial review process “like a basketball center blocking shots,” broadcasters say as they challenge the FCC’s 2018 quadrennial review order in an opening brief in the 8th U.S. Circuit Court of Appeals. The broadcasters argue that the 8th Circuit should vacate not only the 2018 QR order, but also local TV and radio ownership limits, because the FCC has failed to justify retaining them. The agency “never seriously examines whether its rules are in the public interest as a result of clear competition; instead it simply swats at certain alternative proposals,” says the filing from NAB, Zimmer Radio, Tri-State Communications, Nexstar and Beasley Media. Though the brief was filed Monday, as of Tuesday afternoon, it was still inaccessible on the 8th Circuit’s website because the clerk of the court must approve filings before they go public. “Congress directed the Commission to determine whether its broadcast ownership rules remain necessary in light of competitive changes; that undertaking requires a fresh look each time, and an affirmative, reasoned justification if the Commission determines the limits are still necessary,” the brief says. “The Commission failed that task.” The petitioner brief and an intervenor brief from the ABC, CBS, Fox and NBC affiliate station groups argue that the U.S. Supreme Court’s recent decision overturning Chevron deference means the 8th Circuit should rule that the agency has violated Section 202h of the 1996 Communications Act. A collection of radio broadcasters also filed as intervenors. The QR order “disregards the deregulatory nature of section 202(h) and ignores competition from non-broadcast sources,” the joint brief says. The broadcasters also argue that the QR order’s inclusion of channels hosted on multicast stations or low-power stations under the Top Four prohibition violated the First Amendment. “The Commission may not regulate broadcasters’ programming choices -- the Communications Act does not authorize it, and the First Amendment forbids it,” the joint filing says. “It is long past time for the FCC to modernize its broadcast ownership rules; these are relics from a bygone era, created before the internet, smartphones, social media and streaming,” NAB CEO Curtis LeGeyt says in a release. “NAB's brief succinctly demonstrates to the U.S. Court of Appeals for the Eighth Circuit that the FCC has failed to justify that these rules remain necessary to serve the public in light of the immense competition broadcasters face in today's media marketplace."
The FCC Precision Agriculture Task Force will meet in person Aug. 14 at 10 a.m. at FCC headquarters, a notice in Tuesday's Federal Register said (see 2401310010). Attendees will hear updates from working group leadership and discuss the task force's executive summary for its report to the FCC about facilitating broadband deployment on agricultural land.
Samsung Electronics America representatives met with aides to FCC Commissioners Geoffrey Starks and Anna Gomez about the company’s request for a waiver on a 5G base station radio that works across citizens broadband radio service and C-band spectrum (see 2309130041). Samsung “emphasized its dedication to the success of CBRS and 5G, generally,” in the U.S., a filing posted Tuesday in docket 23-93 said. Samsung noted the commission has had the waiver request for more than 700 days.
The FCC Wireless Bureau sought comment Tuesday on North East Offshore's request for a waiver of the freeze on nonfederal applications for new or expanded Part 90 operations in the 3100-3550 MHz band (see 1905290011). Comments are due July 31, replies Aug. 21, in docket 24-212. “North East argues that ‘there have been no indications that either the FCC or NTIA is considering reallocating the 3100-3300 MHz band’ and notes that its proposed operations are for a proposed facility more than 40 kilometers” off the U.S. coast, the bureau said.
Sen. Dan Sullivan, R-Alaska, is urging that the FCC “act expeditiously” on its Further NPRM eyeing dynamic sharing in the 12.2-12.7 GHz band “while continuing to maintain an evidence-based approach in this proceeding.” Sharing advocates are hoping for FCC action this year (see 2312270045). The FCC “has a unique near-term opportunity to expand broadband access, improve the distribution of spectrum resources, and put our spectrum to its most efficient use, especially in rural areas of the country,” Sullivan, a member of the Senate Armed Services and Commerce committees, said in a Friday letter to FCC Chairwoman Jessica Rosenworcel. Comm Daily obtained a copy of the letter. “In particular, if the Commission determines that fixed broadband operations can coexist in the 12.2-12.7 GHz band without harmful interference with incumbent users, the Commission should move swiftly to permit such use, particularly as the federal government deploys additional resources to close the digital divide.” Sullivan praised the FCC for “rigorous and forward-thinking work in allocating these resources, including assessing competing interference claims. I encourage the Commission to continue conducting objective analyses regarding interference claims, including in this proceeding.”
Proposed FCC rules on closed caption display settings shouldn’t apply to preinstalled apps on any covered devices, said CTA in an ex parte filing Monday (see 2407150052). NCTA has argued the rules shouldn't apply to preinstalled apps on MVPD set-top boxes. “It is important that consumers have a consistent experience across covered entities with respect to pre-installed apps.” In another ex parte filing, CTA said the agency shouldn’t require that caption display settings all be previewable on the same screen at once. “It may not be possible to fit programming, sample captions, and all caption display settings on screen at once,” CTA said. “Squeezing so much information on screen at once would likely result in settings that are no longer readily accessible,” CTA said. The agency should also clarify that a long press of a button is an acceptable route to access caption settings under the rules, which would require that they be accessed using “a button, key, or icon.” “As a general matter, CTA observes that pushing a button, including long-pressing a button, is comparable to a button, key, or icon.”
Sens. Ron Wyden, D-Ore., and Rand Paul, R-Ky., remain opposed to the Kids Online Safety Act, which is preventing Senate Majority Leader Chuck Schumer, D-N.Y., from moving the bill by unanimous consent (see 2406200053).
Satellite operators and broadcasters want the FCC to phase in Space Bureau regulatory fee increases, expand the payor base and maintain COVID-19 pandemic regulatory fee relief measures, according to comments filed by Monday's deadline in docket 12-108. Satellite interests repeatedly warned of fee shock, particularly as the FCC proposes big jumps in fees to cover costs associated with last year’s creation of the bureau (see 2304110002). The agency should “maximize fairness in the payment process” by continuing “the availability of the extraordinary relief measures for financially distressed regulatees,” a joint filing from state broadcast associations said.
Don't expect big changes in the next-generation 911 draft order that's set for a vote during the FCC commissioners' open meeting Thursday, a 10th-floor official tells us. While the order should help facilitate the NG911 transition, a quicker route would come if Congress found the roughly $15 billion that states and localities likely need for deployment, said Jonathan Gilad, National Emergency Number Association (NENA) government affairs director. Minus federal funding, "it will always be a haves and have-nots situation," with some localities and states more financially able than others to afford the transition, he said. The FCC said the order is aimed at accelerating the NG911 rollout (see 2406270068).