FCC failure to extend the comment cycle on Charter's request for a May sunset of conditions from its buy of Time Warner Cable and Bright House (see 2007090009) could prevent Entertainment Studios Networks from providing evidence of Charter’s “propensity to discriminate” on race, said ESN in a letter filed Friday in docket 16-197. ESN wants the comment deadline postponed until Aug. 18. ESN seconded Newsmax’s arguments that the original transaction order requires the August date. “ESN intends to file detailed information about Charter’s stated desire to make business decisions in discriminatory ways, not just based on economics, but on race and ethnicity.” The letter noted evidence raised in ESN's lawsuit against the cable provider of alleged statements from Charter personnel telling African American protesters to “get off welfare” and allegations Charter CEO Tom Rutledge “refused to engage with ESN’s African American CEO, Byron Allen, referring to Allen as 'Boy' and telling Allen that he needed to change his behavior.” If the FCC allows Charter to discriminate in interconnection agreements, “what would prevent Charter from exercising that discretion to the detriment of African-American, Latinx, Asian, or other minority-owned businesses,” ESN asked. “Decisions on which networks to carry are based on business considerations, such as cost, quality and uniqueness of content, and ongoing customer demand. Race played no role whatsoever in our programming decision regarding these networks and we will continue to vigorously defend against these false claims,” emailed a Charter spokesperson. "Charter offers programming services produced by minority-owned companies, including several owned by Byron Allen."
Country of origin cases
Talk among consumer electronics and tech executives about strategies for launching the first virtual CEDIA Expo Sept. 15-17 (see Ref:2007090070]), instead of the physical one previously planned for Denver, highlight event challenges faced in the COVID-19. Last week, we interviewed about a dozen such representatives.
The FCC's December RF order didn't upend an appeals court’s conclusion that local laws like in Berkeley, California, aren't preempted, the city told the U.S. District Court in San Francisco. Late last year, the Supreme Court declined to take up CTIA’s challenge of the local law after the 9th U.S. Circuit Court of Appeals for a second time denied the wireless association’s petition for preliminary injunction (see 1912090058). That allowed the original district court case (3:15-CV-02529) to continue to trial, and a hearing is scheduled July 23 on CTIA’s motion for judgment on pleadings. In a June 22 statement of interest, the FCC said it acted in December to ensure adequate information about possible health risks of RF emissions is publicly available. Because additional warnings could confuse consumers, the Berkeley ordinance is preempted, the agency told the district court. The FCC statement removes any doubt that the local law is preempted, CTIA said (in Pacer) July 9. Berkeley disagreed (in Pacer) Wednesday. "The FCC, as a rulemaking body, has not preempted consistent and complementing local ordinances, and Berkeley’s ordinance does not create an obstacle to any policy actually adopted by Congress or the FCC.”
The FCC approved updated rules for finding the vertical location of wireless callers to 911 over partial dissent by Commissioner Jessica Rosenworcel and concerns by Commissioner Mike O’Rielly. The concerns were expected, with the FCC getting contradictory advice about the order (see 2007100045), which updates rules commissioners approved in November (see 1911220034). The first mandates kick in next April.
Phone industry trade groups want the FCC to expand call blocking safe harbor protections to allow network level blocking of robocalls deemed illegal or unwanted. Calling originators with ongoing customer relationships urge commissioners to take a more cautious approach when they vote on an order at Thursday’s meeting (see 2006250062), according to interviews and filings in docket 17-59. The rulemaking stems from the Traced Act.
Patent and Trademark Office announces Commerce Secretary Wilbur Ross reappoints Commissioner for Patents Drew Hirshfeld to a second five-year term; original term ends July 31, and new one ends July 31, 2025 ... Defense Secretary Mark Esper announces U.S. Chief Technology Officer Michael Kratsios designated acting undersecretary-research and engineering; White House Office of Science and Technology Policy says Kratsios remains CTO; Esper also says Mark Lewis is acting deputy undersecretary defense-research and engineering and remains director-defense research and engineering for modernization.
Multifactor authentication should be a default for companies accessing and transferring customer data, the FTC heard. The agency proposed process-based requirements in April to add to its safeguards rule, which governs how financial institutions keep customer information secure (see 2004200062). Monday’s workshop was meant to gather information for the proposed rulemaking.
COVID-19 stay-at-home mandates didn’t have the same invigorating effect on May smartphone imports to the U.S. as on connectivity tools like laptops and tablets (see 2007100025), show Census Bureau data we accessed Saturday through the International Trade Commission. U.S. importers sourced 12.5 million smartphones from all countries in May. That's up 8.9% from April, down 23% from May 2019. May smartphone imports had $3.01 billion in customs value, down 1.9% from April and 25% from the same year-earlier month. The average May smartphone import was worth $240.56. China generated 79% of May smartphone imports to the U.S., up a few points from April and May 2019. Vietnam, the world’s largest country of origin for smartphones worth less than $200, ceded share to China in May, falling a few points to 14.5%.
COVID-19-related timing provision adjustments are extended through Sept. 8, the Copyright Office said Friday. Originally to expire May 12, adjustments had been extended to July 10 (see 2005010032). It's for “certain registration claims, notices of termination, and section 115 notices of intention and statements of account,” the CO said.
COVID-19 forced the National Retail Federation to cancel its Jan. 17-19 NRF 2021 expo and conference as a physical show at New York’s Javits Convention Center, said the association Thursday. It’s the first known major trade show in 2021 to fall to the pandemic. NRF 2021 was scheduled to open as an in-person show about a week after CES 2021 closes Jan. 9. NRF will move the physical show to June 6-8, and host a virtual event over five days in January. The online event and the physical show in June will be themed “Forward Together,” said NRF. “Given the understandable concerns among all of our stakeholders regarding the availability and effectiveness of treatments or a vaccine for the coronavirus, we have concluded it is not feasible to maintain our original schedule of an in-person January 2021 trade show,” said NRF CEO Matthew Shay. Another complication is the use of Javits as a 2,500-bed COVID-19 Army field hospital. Those circumstances forced the cancellation last month of the Oct. 21-22 NAB Show New York as a physical event (see 2006090058)