USTelecom filed a legal challenge to the FCC IP technology transition decisions adopted in August that were intended to safeguard competition and consumers as telcos switch from copper-based traditional services to IP-based services over fiber networks (see 1508060044). USTelecom filed a petition for review in the U.S. Court of Appeals for the D.C. Circuit (USTelecom v. FCC, No. 15-1414) against FCC orders that grew out of a 2014 FCC NPRM, declaratory ruling and subsequent USTelecom petition for reconsideration. "In the Order and Order on Reconsideration, the Commission not only denied USTelecom's petition for reconsideration of the Declaratory Ruling, but also took a number of final actions in the rulemaking it initiated in the Notice, including: adopting new rules governing the retirement of copper facilities; declaring that a carrier must seek Commission approval under § 214(a) if a change in its service will cause a wholesale customer of that carrier to discontinue, reduce, or impair its own retail service offerings; and adopting a new rule under which it will condition its approval of § 214(a) applications for certain services on the applicant's provision of a reasonably comparable, wholesale Internet Protocol service, on reasonably comparable rates, terms, and conditions," USTelecom said. Incompas General Counsel Angie Kronenberg emailed us Monday: “First, the Bells tried lobbyists. Now they will try the lawyers, but they cannot fight the future. Competition is the answer, and it’s driving new networks.” Public Knowledge Senior Vice President Harold Feld emailed us: "This is not unexpected. USTA and its members have made their opposition to the FCC's order fairly clear. We believe the FCC acted entirely within the scope of its authority and in a manner reasonably calculated to protect and advance the pro-consumer and pro-competition goals of the Act -- and that the court will ultimately affirm the Commission." FCC spokesmen had no immediate comment.
From breaking out the cost of renting a cable modem on customers' bills to making any conditions indefinite, opponents of Charter Communications buying Bright House Networks and Time Warner Cable put multiple proposed conditions before the FCC by the Thursday deadline for replies or responses to opposition. Parties argued in comments posted Friday in docket 15-149 for conditions to govern New Charter activities if the $89.1 billion pair of deals were to go through. Multiple Charter/TWC/BHN filings urged outright, unconditional opposition, often pointing to possible injury to online video distribution (OVD). "The single biggest barrier to providing video services is obtaining access to reasonably priced programming, followed by competing with other providers," NTCA said in its filing. "This merger will exacerbate both of these significant competitive issues."
From breaking out the cost of renting a cable modem on customers' bills to making any conditions indefinite, opponents of Charter Communications buying Bright House Networks and Time Warner Cable put multiple proposed conditions before the FCC by the Thursday deadline for replies or responses to opposition. Parties argued in comments posted Friday in docket 15-149 for conditions to govern New Charter activities if the $89.1 billion pair of deals were to go through. Multiple Charter/TWC/BHN filings urged outright, unconditional opposition, often pointing to possible injury to online video distribution (OVD). "The single biggest barrier to providing video services is obtaining access to reasonably priced programming, followed by competing with other providers," NTCA said in its filing. "This merger will exacerbate both of these significant competitive issues."
Senior senators from multiple committees are gearing up to advance the spectrum draft legislation that Senate Commerce Committee Chairman John Thune, R-S.D., began circulating Friday. He told us Tuesday that he is enlisting aid from other committees, including that of Sen. John McCain, R-Ariz., and, as expected, plans a Commerce Committee markup of the wide-ranging spectrum package before Thanksgiving (see 1511090051).
AT&T updated a blog post in response to the concerns of Gigi Sohn, counselor to FCC Chairman Tom Wheeler. In the original blog Tuesday (see 1511030066), which suggested the commission’s special-access tariff investigation and broader rulemaking could undermine broadband investment, AT&T Senior Vice President Bob Quinn took note of Sohn's reported comments “at a recent CLEC gathering exhorting the crowd to apply ‘the same kind of consumer activism that helped drive the Open Internet rule changes earlier this year -- including pickets at [Chairman] Wheeler’s home and the White House.’” In the updated blog Wednesday, Quinn said Sohn objected to the use of the word “exhort” in characterizing her comment at an Incompas conference. “Out of respect to Ms. Sohn’s concerns, we removed the word ‘exhort’ from the blog," Quinn said. "It doesn’t change any of the analysis, however. We’re still not rocket scientists, and we still see where this is headed. And it’s not good for private investment.” Sohn had no comment Thursday. Her Incompas comments addressed Wheeler’s overall agenda to promote competition (see 1510200052).
AT&T updated a blog post in response to the concerns of Gigi Sohn, counselor to FCC Chairman Tom Wheeler. In the original blog Tuesday (see 1511030066), which suggested the commission’s special-access tariff investigation and broader rulemaking could undermine broadband investment, AT&T Senior Vice President Bob Quinn took note of Sohn's reported comments “at a recent CLEC gathering exhorting the crowd to apply ‘the same kind of consumer activism that helped drive the Open Internet rule changes earlier this year -- including pickets at [Chairman] Wheeler’s home and the White House.’” In the updated blog Wednesday, Quinn said Sohn objected to the use of the word “exhort” in characterizing her comment at an Incompas conference. “Out of respect to Ms. Sohn’s concerns, we removed the word ‘exhort’ from the blog," Quinn said. "It doesn’t change any of the analysis, however. We’re still not rocket scientists, and we still see where this is headed. And it’s not good for private investment.” Sohn had no comment Thursday. Her Incompas comments addressed Wheeler’s overall agenda to promote competition (see 1510200052).
An NAB-criticized Incompas/NTCA survey was never meant to be a broad measure of the video market, but was intended to "demonstrate the reality" members face as access to programming remains a large hurdle to serving residential customers, the telecom associations said in an FCC filing posted Tuesday in docket 15-216. The aim was to partially quantify anecdotes the groups had been hearing for years, and did its job "as it reaffirms the direct link between the offering of video programming and broadband adoption rates, the challenges small businesses and new entrants face when trying to negotiate content contracts and provides a percentage comparison between the rising costs of broadcast and non-broadcast content," Incompas and NTCA said. NAB had criticized the survey as flawed and devoid of any evidence of a dysfunctional video market (see 1510290027) -- criticisms Incompas and NTCA called "inflammatory language and specious accusations." That content costs climb while consumer choice has increased demonstrates market failure, Incompas and NTCA said. They urged NAB to talk to members about waiving nondisclosure clauses in contracts "so that the public and policy makers can finally see for themselves how this 'marketplace' is really working." An NAB spokesman Tuesday said the organization "is not in the business of dictating contractual terms of retransmission contracts for our member companies. However, we do believe that if we polled our members, we would find unanimous frustration with how pay TV companies are using their customers as pawns in attempting to create a retrans crisis, hoping against hope that the FCC will inject itself into private, free-market negotiations that almost always end successfully.”
An NAB-criticized Incompas/NTCA survey was never meant to be a broad measure of the video market, but was intended to "demonstrate the reality" members face as access to programming remains a large hurdle to serving residential customers, the telecom associations said in an FCC filing posted Tuesday in docket 15-216. The aim was to partially quantify anecdotes the groups had been hearing for years, and did its job "as it reaffirms the direct link between the offering of video programming and broadband adoption rates, the challenges small businesses and new entrants face when trying to negotiate content contracts and provides a percentage comparison between the rising costs of broadcast and non-broadcast content," Incompas and NTCA said. NAB had criticized the survey as flawed and devoid of any evidence of a dysfunctional video market (see 1510290027) -- criticisms Incompas and NTCA called "inflammatory language and specious accusations." That content costs climb while consumer choice has increased demonstrates market failure, Incompas and NTCA said. They urged NAB to talk to members about waiving nondisclosure clauses in contracts "so that the public and policy makers can finally see for themselves how this 'marketplace' is really working." An NAB spokesman Tuesday said the organization "is not in the business of dictating contractual terms of retransmission contracts for our member companies. However, we do believe that if we polled our members, we would find unanimous frustration with how pay TV companies are using their customers as pawns in attempting to create a retrans crisis, hoping against hope that the FCC will inject itself into private, free-market negotiations that almost always end successfully.”
Several broadcast, cable and media companies are opposing new FCC rules on the handling of confidential information and subsequent American Cable Association (ACA), Dish Network and Incompas opposition (see 1510260030) to a petition for reconsideration of those rules. That opposition ignores many of the arguments justifying reconsideration and often just parrots the reasoning in the order itself, said CBS, Disney, MPAA, Scripps Networks Interactive, Time Warner, 21st Century Fox, Univision Communications, the U.S. Chamber of Commerce and Viacom in a filing in docket 15-149 posted Monday. The FCC's September order "suffers from significant substantive and procedural errors," and opposition to reconsideration -- like the order itself -- is mistaken when it thinks the Communications Act and Trade Secrets Act allows the agency to make confidential business information broadly available either under a protective order or through the Freedom of Information Act, said Comcast and NBCUniversal in a separate filing posted Monday. The FCC didn't comment.
Several broadcast, cable and media companies are opposing new FCC rules on the handling of confidential information and subsequent American Cable Association (ACA), Dish Network and Incompas opposition (see 1510260030) to a petition for reconsideration of those rules. That opposition ignores many of the arguments justifying reconsideration and often just parrots the reasoning in the order itself, said CBS, Disney, MPAA, Scripps Networks Interactive, Time Warner, 21st Century Fox, Univision Communications, the U.S. Chamber of Commerce and Viacom in a filing in docket 15-149 posted Monday. The FCC's September order "suffers from significant substantive and procedural errors," and opposition to reconsideration -- like the order itself -- is mistaken when it thinks the Communications Act and Trade Secrets Act allows the agency to make confidential business information broadly available either under a protective order or through the Freedom of Information Act, said Comcast and NBCUniversal in a separate filing posted Monday. The FCC didn't comment.