The Supreme Court upheld 7-2 Metrophone’s right to sue a carrier to recover unpaid payphone charges. Global Crossing had challenged Metrophone’s right to sue it to recover payphone charges, arguing that the Communications Act doesn’t let companies enforce FCC regulations in court as they can the law itself. A victory for Global Crossing would have shaken up legal enforcement of telecom regulation. Justice Stephen Breyer wrote for the majority. Justice Antonin Scalia filed a vigorous dissent, and Justice Clarence Thomas also dissented.
Notable CROSS rulings
The FCC gave more details of a media ownership field hearing in Tampa. It will be at the Tampa Bay Performing Arts Center from 4-11 p.m. April 30, the Commission said. The event will be the 4th of 6 gatherings promised by Chmn. Martin to solicit public comment on revising newspaper- broadcast cross ownership rules and radio and TV station limits.
Tribune said the FCC should let it keep 2 Conn. stations, WTIC-TV Hartford and WTXX Waterbury, despite a complaint the company is violating newspaper-broadcast cross- ownership rules by owning the stations and the Hartford Courant. Tribune increased news and public affairs programming, it said in an opposition to United Church of Christ’s petition to deny the renewal of the TV licenses. Tribune should have sold the paper or stations after getting 3 temporary FCC ownership waivers, the church said (CD March 5 p14). Tribune replied that it’s reasonable for it to keep the stations because 3rd U.S. Appeals Court, Philadelphia, upheld the FCC’s 2003 removal of the cross-ownership ban. “At the very least, Tribune is entitled to continue its common ownership” of the stations, it said, during the FCC’s current rulemaking to address cross ownership and other media limits.
NAB took its case against the Sirius/XM merger to the FCC in a series of meetings with commissioners and their staff where it warned of dangers to local broadcasters of the proposed merger. NAB representatives met with Comrs. Copps, Adelstein and McDowell, as well as Michelle Carey in Chmn. Martin’s office, according to a letter filed at the FCC. But a separate study claimed to refute some NAB arguments.
State lawmakers are forwarding bills proposing a variety of means to encourage broadband development by public- and private-sector entities, with the aim of making broadband available to every citizen.
An FCC report to Congress on violence in TV network programming that’s due within 2 weeks raises more questions than it answers, Comr. McDowell said during a news briefing Wed. He also fielded questions on a wide range of wireless and wireline issues. McDowell said the 700 MHz auction may face delays if the Commission adopts a proposal by Frontline Wireless. Chmn. Martin was expected to start circulating a 700 MHz order as early as Wed. McDowell also said he was frustrated with 800 MHz Transition Administrator’s (TA) lack of progress on rebanding.
GENEVA -- Limits on investments in telecom and cultural activities slow growth in the telecom and audiovisual sectors for the U.S.’s largest trading partner, the WTO said Wed. in a quadrennial Canadian trade policy review. About 30 WTO members are meeting here through Fri. to discuss Canada’s trade policies.
FCC Chmn. Martin’s limited multicast must-carry plan is gaining momentum (CD March 1 p2) as a rulemaking nears 8th floor circulation and Comrs. Adelstein and McDowell offered encouraging, though cautious, comments at a conference. The Media Bureau is finalizing a notice of proposed rulemaking (NPRM) for FCC members to study, Martin told reporters Fri. after a speech at the same American Women in Radio & TV conference. In remarks to media, he urged Commissioners to vote on a customer proprietary network information (CPNI) order and a wireless broadband declaratory ruling, both under consideration for some time.
The FCC wants comments on a license renewal request of KTLA L.A. for another 30 days. The extended comment period arose when the station’s application was filed late due to malfunctions in the FCC electronic filing system, said an agency public notice. Several groups and Rep. Watson (D- Cal.) oppose renewing KTLA’s license because they contend owner Tribune violates broadcast-newspaper cross ownership rules (CD Oct 4 p2).
The FCC should deny Tribune’s license renewal request for Conn. stations WTIC-TV Hartford and WTXX Waterbury because the company violates newspaper-broadcast cross ownership caps by owning the Hartford Courant, said the United Church of Christ. Tribune has owned the daily paper and WTIC since 2000, and WTXX since 2001, said the church’s petition to deny: “Tribune has obtained temporary waivers three times, thus giving it more than enough time to divest either the Hartford Courant or the TV stations. But instead of complying with the cross-ownership rule, Tribune has again asked for permanent waivers of the rule, or in the alternative, temporary waivers.” Tribune defended its Hartford cross-ownership, noting the affirmation of a FCC decision to rescind the 1975 broadcast-newspaper ban in 2004 by 3rd U.S. Appeals Court, Philadelphia. “We welcome the opportunity to defend our record of service,” Tribune Vp Shaun Sheehan told us: “This rule emanates from the Nixon Administration’s attack on the Washington Post.”