The FCC, several trade associations and a group of broadcasters attempted through court filings to fend off a stay of the incentive auction requested by Class A broadcaster Latina Broadcasters in the U.S. Court of Appeals for the D.C. Circuit. The auction is to start March 29. “Any unnecessary delay, especially this close to the start of the auction, would cause substantial harm” to companies that have delayed business plans or have investments or financing riding on the current schedule,” the FCC said in an opposition filing Friday.
Monty Tayloe
Monty Tayloe, Associate Editor, covers broadcasting and the Federal Communications Commission for Communications Daily. He joined Warren Communications News in 2013, after spending 10 years covering crime and local politics for Virginia regional newspapers and a turn in television as a communications assistant for the PBS NewsHour. He’s a Virginia native who graduated Fork Union Military Academy and the College of William and Mary. You can follow Tayloe on Twitter: @MontyTayloe .
The FCC enforcement advisory on pirate radio issued Tuesday (see 1603010075) is a step in the right direction but needs to be accompanied by ramped up enforcement, broadcast officials and attorneys told us Wednesday. The statement had been in the works for at least a few weeks. Broadcasters have long complained about pirate radio, and did so even more when the FCC scaled back its Enforcement Bureau field offices. Commissioner Ajit Pai had said a whistleblower alleged the bureau was not prioritizing pirate radio enforcement (see 1512150014).
The FCC lacks authority to tell pay-TV carriers and device manufacturers where in their user interfaces that closed-caption display settings must be located, said AT&T, CTA, NCTA and the Telecommunications Industry Association in comments in docket 12-108 in response to a second Further NPRM. A joint filing by several consumer groups, including the National Association of the Deaf and Telecommunications for the Deaf and Hard of Hearing, supported the FCC proposal to require caption display settings to be on the first level of device menus.
Broadcasters have concerns about and may soon begin a lobbying push in Congress and at the FCC over the commission's policy on broadcast transactions that contain joint sales agreements, broadcast attorneys and industry officials told us. The FCC needs to fall in line with the congressional adjustments to the JSA attribution rules, some broadcast attorneys told us. In a provision of the FY 2016 omnibus appropriations law, the deadline to unwind existing JSAs was moved from June 2016 to Oct. 1, 2025 (see 1512210050). The deadline also was raised by some on Capitol Hill, who mentioned concern the commission is trying to get around the JSA law change (see 1602230070).
The U.S. Court of Appeals for the D.C. Circuit granted a request for expedited proceedings in the appeal by Class A broadcasters Videohouse, Fifth Street Enterprises and WMTM of an FCC reconsideration order excluding them from the incentive auction, the D.C. Circuit said in an order issued Tuesday. Though the court did issue an expedited briefing schedule, the proceeding won't be completed before the incentive auction starts, as the petitioners had requested, the order said. That court challenge of the auction comes alongside a request that the auction be stayed filed Monday by Class A broadcaster Latina Broadcasters, which was also removed from the auction by the same recon order. The FCC might actually welcome such a stay based on pleadings it has filed in the Class A proceeding, said Fletcher Heald broadcast attorneys Harry Cole and Ashley Ludlow in a pair of blog posts this week.
The member stations of America's Public Television Stations -- changing its name from the Association of Public Television Stations -- voted at an APTS meeting Monday to "commit in principle" to allocating some of their spectrum to first responders as part of FirstNet. The vote to change the organization's name took place at the same summit, along with remarks by NAB CEO Gordon Smith and a panel discussion on the incentive auction by FCC staff. Unlike the name change vote, the vote on committing spectrum to FirstNet received considerable pushback from member station representatives at the event, and in response, the language of that commitment was changed to clarify that it isn't binding. "It was a really good discussion that clarified what we're committing to," said APTS CEO Patrick Butler in an interview.
The FCC voted 4-1 to allocate responsibility for closed captioning complaints between video programming distributors and programmers, during Thursday's commission meeting. Commissioner Mike O'Rielly dissented in part and concurred in part; Commissioner Ajit Pai approved in part and concurred in part. The order, as expected (see 1602170055), apportions responsibility for captions to programmers and VPDs based on what parts of the captioning process they control. It requires programmers to certify they're in compliance with captioning rules and creates a "compliance ladder" that will allow captioning problems to be addressed outside of Enforcement Bureau action, said a Consumer and Governmental Affairs Bureau news release .
The FCC voted 3-2 Thursday to launch a rulemaking (see 1602160072) seeking comment on numerous changes to set-top box rules intended to make it easier for third parties to build and sell retail set tops that can access pay-TV content. Commissioners Ajit Pai and Mike O’Rielly as expected (see 1601280066) opposed the proposal, which they said was “slanted” and an unnecessary regulatory intrusion. “I’m confident that most consumers would rather eliminate the set-top box altogether,” Pai said.
The FCC will vote to approve a draft order Thursday that would divide responsibility between programmers and video programming distributors (VPDs) for delivering closed captioning on video programming, said industry and FCC officials in interviews Wednesday. The draft apportions responsibility to programmers over the objections of content companies such as Viacom and CBS , and concerns expressed by consumer protection groups for the hearing impaired, such as Telecommunications for the Deaf and Hard of Hearing (TDI).
The FCC's upcoming NPRM on proposed changes to the set-top box market could compromise existing copyright law, said NCTA President Michael Powell Tuesday in a media call hosted by NPRM opponent The Future of TV Coalition. Copyright attorneys told us laws such as the Digital Millennium Copyright Act could protect multichannel video programming distributors from many concerns they've raised about third-party set-top boxes. Powell said the FCC proposal would “tinker” with copyright protections, which is outside FCC jurisdiction.