The FCC should spend as much time and effort encouraging investment and innovation in broadcasting as it has in broadband, said NAB President Gordon Smith in a Media Institute speech Thursday. Smith said a list of the FCC’s achievements under former Chairman Julius Genachowski didn’t include any outside the realm of broadband. “Rather than supporting innovation in our industry and working with broadcasters so that we can continue to outpace the rest of the world, the commission has had a different, in fact, a myopic focus,” said Smith. The FCC under Chairman Tom Wheeler should pay more attention to broadcast to allow the industry the regulatory flexibility to “not fight with one or both arms tied behind our backs,” said Smith.
The NFL lobbied the FCC to keep the sports blackout rule, subject of a draft rulemaking notice proposing to end it (CD Nov 4 p3). The rule plus network nonduplication and syndicated exclusivity rules is “a necessary counterbalance to the compulsory copyright rule,” and it “would be unfair and unwise to get rid of these safeguards while maintaining the compulsory copyright.” That’s according to the league’s ex parte filings posted in docket 12-3 Monday and Friday on meetings with aides to commissioners Ajit Pai (http://bit.ly/I1BDO2) and Jessica Rosenworcel (http://bit.ly/1dPcWyr). “The League’s policy cannot be effectuated through private negotiations because the League lacks privity with local broadcasters and cable systems with respect to its over-the-air games,” said the filings.
January’s court reversal of FCC content encoding rules shows limits on the agency acting on ancillary jurisdiction and on the commission making into rules industry deals where all affected sectors didn’t participate, said multichannel video programming distributor lawyers. Those MVPD representatives said the U.S. Court of Appeals for the D.C. Circuit’s ruling against the agency and in favor of the company, now called Dish Network but that went by EchoStar at the time the encoding rules were adopted about 10 years ago, shows that the rules are now outdated. Also at an FCBA brown-bag lunch, a lawyer for makers of consumer electronics and other high-technology interests said the industry deal on which the now-reversed encoding order was based wasn’t objected to before the commission adopted it. Rules cable now said were imposed on it were agreed to by that industry a decade ago, said the attorney, Robert Schwartz of Constantine Cannon.
Efficient use of spectrum will be an important factor in the FCC’s consideration of applications for foreign ownership of broadcasters above the 25 percent cap, said FCC Chairman Tom Wheeler shortly before casting his first-ever vote at Thursday’s FCC meeting. The declaratory ruling, which explicitly says the FCC will consider applications for foreign investments in broadcasters over the cap on a case-by-case basis, was unanimously approved. Though Wheeler later said foreign investment applicants should consider their applications in the context of all of the commission’s larger policy goals, he gave special emphasis to spectrum use, saying it would be the “sine qua non” in considering them.
Securus and Global Tel Link are trying to delay intrastate prison calling reform proceedings in Massachusetts and Alabama following the FCC’s NPRM released in September (CD Sept 27 p20). The companies filed motions in the Massachusetts Department of Telecommunications and Cable to hold in abeyance a petition from the Prisoners’ Legal Services of Massachusetts (PLS) for the department to rule on reform rates due to ongoing proceedings. The Alabama Public Service Commission granted an Oct. 29 request from Global Tel Link to extend the comment deadline for its revised rulemaking on inmate calling services (ICS), which ended Nov. 8, to Dec. 6 due to the “level of detail of the staff proposal and the time requirements for review of the staff proposal” in light of the FCC’s order and FNPRM (http://1.usa.gov/1bv5PeJ).
Two senators and a House member introduced legislation to cut the frequency of sports blackouts. The Furthering Access and Networks for Sports Act of 2013 (http://1.usa.gov/17sVXmH) ties the public benefits that sports leagues receive in licensing their games to broadcast stations, cable, satellite and over the Internet to how available games are. An FCC draft rulemaking notice proposed ending the agency’s 38-year blackout rule, circulated on acting Chairwoman Mignon Clyburn’s last day before Chairman Tom Wheeler took over (CD Nov 4 p3).
The same groups for and against elimination of the sports blackout rule will likely surface during the comment proceeding once the FCC launches a rulemaking, said some broadcast and public interest officials in interviews this week. A draft NPRM to end the nearly 40-year-old FCC rule preventing cable and satellite networks from delivering sports events to which a TV station was given exclusive broadcasting rights by the sports league began circulating at the commission last week (CD Nov 4 p3). So far, Commissioner Jessica Rosenworcel has voted for adoption of the NPRM, an FCC official said. “I support this rulemaking,” Rosenworcel said in a statement. “After 40 years it’s time to take a fresh look at these issues."
The FCC launched a rulemaking on Globalstar’s request to use its spectrum to deploy a terrestrial low-power service (TLPS). The timing of the release, before Monday’s swearing-in of Chairman Tom Wheeler, could work in Globalstar’s favor and prevent the item from being held up, some analysts said. The longer comment period could mean the FCC will not issue a speedy decision, some analysts said. Initial comments are due 75 days after publication in the Federal Register, and replies are due 30 days later. The Consumer and Governmental Affairs Bureau also released a public notice on Iridium’s petition seeking reallocation of Big low earth orbit (LEO) spectrum from Globalstar to Iridium (http://bit.ly/1aZe6HE).
A draft rulemaking notice proposes ending the FCC’s 38-year-old sports blackout rule, said agency officials in interviews Friday. Acting Chairwoman Mignon Clyburn on Friday, her last business day before Tom Wheeler is to start as permanent chairman (CD Oct 31 p1), said she circulated a rulemaking notice to address the rule. Several nonprofits and groups saying they represent fans sought a proceeding to change the rule in 2011 (CD Nov 15/11 p3), with the NAB, NFL and affiliate groups of three of big four broadcast networks opposing the change. Some backing the rule change think the NPRM will be approved without much controversy within the FCC, while a foe said he’s not so sure that will be the case.
Accessibility rules for user interfaces and program guides were adopted Tuesday so the FCC could come as close as possible to the missed Oct. 8 deadline to finish implementing the 21st Century Communications and Video Accessibility Act (CVAA), an agency official told us. The deadline occurred during the partial federal government shutdown. Though the rules were adopted Tuesday, commissioners are still working on statements to be released along with the rules, an FCC official told us the next day. Acting Chairwoman Mignon Clyburn and Commissioner Jessica Rosenworcel voted to approve the rules implementing sections 204 and 205 of CVAA while Commissioner Ajit Pai approved in part and concurred in part, said an FCC release Tuesday. All three commissioners are issuing written statements, the release said. The new rules will require devices to make “essential functions” accessible and classify devices that have conditional access to content as navigation devices, an FCC official had said (CD Oct 30 p15). The item includes a three-year implementation deadline, but cable operators with fewer than 400,000 subscribers will be granted an additional two years to subscribe, the official said. Other details about the rules, and what might be contained in a further notice of proposed rulemaking mentioned in the release, remain unclear. American Foundation for the Blind Senior Policy Director Mark Richert said he’s particularly concerned about proposed rules on how those in need of accessible equipment will be able to request it from providers. He said the details of what equipment operators can provide to meet accessibility requirements are important. “How broad is that? What kind of alternatives are they allowed to provide?” asked Richert. Although few details were contained in the commission’s release, Richert said he’s optimistic that the rules will be a positive change. “Once these rules take effect, people who are blind or visually impaired will be able to quickly find a news channel during an emergency or tune in to their favorite show as readily as sighted people,” said Clyburn.