Broadcasters called for the FCC to save their industry by immediately eliminating the national TV ownership cap in comments filed in docket 17-318 by Monday’s deadline. Meanwhile, MVPD groups, labor unions, public interest groups and conservative entities Newsmax and the Conservative Political Action Conference (CPAC) disputed the FCC’s authority to alter the cap and said doing so would hurt localism, retransmission consent rates and journalism.
Utility and broadband interests are pushing the FCC for changes to the agency's pole attachment item on its July 24 meeting agenda. In a speech earlier this month laying out his "Build America" agenda, Chairman Brendan Carr highlighted the pole attachment draft order and a copper line retirement draft NPRM, also on July's agenda, as prime examples of an intertwined focus on infrastructure deployment and deregulation (see 2507020036). Communications infrastructure deployment experts have mixed feelings about whether the pole attachment item notably eases pole attachment gripes. Commissioners' unanimous approval is expected, as pole attachment issues are generally nonpartisan.
Charter Communications' proposed $34.5 billion purchase of Cox Communications, announced in May (see 2505160060), isn't expected to raise anticompetitive concerns at the FCC. If it faces headwinds from the agency, they are more likely to come from the companies' diversity, equity and inclusion policies, cable executives, agency watchers and others tell us. FCC Chairman Brendan Carr has repeatedly said the agency won't approve acquisitions involving companies practicing "invidious forms of DEI discrimination" (see 2503210049), which Carr has defined as cases "where people are discriminating based on race and gender."
FCC commissioners may end up deciding on a single item at their June 26 meeting -- text telephone-based telecom relay service rules -- the only NPRM teed up for a vote (see 2506050056). The other items, addressing cable regulation and broadband data collection, may likely wait until the Senate confirms Olivia Trusty and restores a quorum lost with the departures of Commissioners Nathan Simington and Geoffrey Starks. The situation raises interesting issues for Chairman Brendan Carr and Democratic Commissioner Anna Gomez, officials noted.
In Q1 earnings calls this week, TV broadcast executives emphasized their expectations of ownership deregulation, hinted at station deals and discussed a recent proposal by FCC Commissioner Nathan Simington to cap network affiliation fees (see 2505020066). Nexstar CEO Perry Sook said on his company’s call that Simington’s proposal for a 30% cap on fees would likely find “very little traction” in Washington. On Capitol Hill, “there is very little interest in getting involved in the commerce between stations and networks.”
NAB’s FCC petition on allowing broadcasters to use software in place of physical emergency alert system (EAS) equipment is “premature,” and granting it would be a “sweeping regulatory shift without the necessary technical, legal, or operational foundation,” said major EAS box manufacturer Digital Alert Systems in comments filed in docket 15-94 by Friday’s deadline. Nearly every other commenter in the docket -- including broadcasters, NCTA and the Society of Broadcast Engineers -- strongly endorsed NAB’s petition.
Some FCC rules targeted for the deregulatory ax under the agency’s “Delete, Delete, Delete” proceeding were defended in reply comments, according to filings this week in docket 25-133, where replies were due Monday. The proceeding saw legions of initial commenters mentioning regulations from all corners of the communications regulation sphere (see 2504140063, 2504140046 and 2504140037). Replies were similarly active and far-reaching.
Broadcasters doubled down on calls for station ownership deregulation in reply comments filed by this week's deadline in the “Delete” docket (see also 2504290038), while public interest groups pushed back and cautioned the FCC not to skip required procedures in a rush to eliminate rules. Nexstar said that if the current ownership rules are retained, they will “doom television broadcasting.”
Broadcasters called for the FCC to “delete” nearly every reporting and filing obligation the agency imposes on them in scores of comments posted in docket 25-133 Monday, but the agency should roll back ownership rules first, NAB said. Multichannel video programming distribution (MVPD) interests and allies repeatedly argued that the highly competitive video distribution marketplace necessitates doing away with rules they claim tip the competitive scales. The docket also received many comments from space interests and the telecom industry (see 2504140037 and 2504140046).
The FCC’s “In Re: Delete Delete Delete” proceeding could draw a huge number of response filings and is expected to require numerous subsequent rulemakings to lead to actual changes, said industry officials and academics. “Every single regulated entity will sit on Santa's lap and ask for presents,” said TechFreedom Senior Counsel Jim Dunstan. “It will take months just to sift through all the asks and determine how to proceed.”