The Office of the U.S. Trade Representative and members of the interagency Trade Policy Staff Committee heard arguments for and against the interoperability of EU and U.S. privacy and intellectual property standards, during a Wednesday hearing on the Transatlantic Trade and Investment Partnership (TTIP). Industry groups said TTIP should find the commonalities between U.S. and EU privacy and copyright policies to promote the free flow of data across borders, while consumer and privacy advocates said TTIP should not impose the restrictions of U.S. copyright policies on other countries or weaken EU privacy standards.
Notable CROSS rulings
The media ownership study that prompted a pause in approving FCC rules may be done soon, said the head of the group paying for the research on cross-ownership’s impact on minority ownership. The research has been completed and is being peer-reviewed, Minority Media and Telecommunications Council Executive Director David Honig told us Tuesday. “We're hoping to get it finished and published before the end of this week, but you never know,” he said. “It’s that close to done.” Then-FCC Chairman Julius Genachowski in February paused a vote on ownership rules to give time for MMTC to do the study, and Friday the agency released a study design on barriers to entry, research that a public notice said relates to ownership rules (CD May 29 p2). MMTC had expected the research to be given to the agency Wednesday, said a May 2 filing in docket 09-182 (http://bit.ly/12iVzVE). It said the reviewers are professors Philip Napoli of Fordham University, Allen Hammond of the Santa Clara School of Law and Jannette Dates, ex-dean of Howard University’s School of Communications. NAB continues to think “modest reform of media ownership rules -- many of which stem from the 1970s -- are warranted,” an association spokesman told us. “As the events of Superstorm Sandy, the Boston Marathon bombing and the Oklahoma tornadoes have proven, local broadcasting still matters, and it’s time to adopt ownership rules that allow radio and TV stations to remain competitive with national pay media providers.”
The Minority Media and Telecommunications Council media ownership study won’t provide the level of analysis required by the Prometheus II decision, Free Press told staff from Commissioner Mignon Clyburn’s office Monday, said an ex parte filed Thursday (http://bit.ly/109zeqe). Outgoing FCC Chairman Julius Genachowski paused a vote on a draft bureau media ownership order to allow MMTC to conduct the study of cross ownership on minority-owned broadcasters (CD Feb 27 p1). Policy Director Matt Wood said Free Press has “serious concerns” about the study, which he characterized as consisting of “interviews with former and current broadcast station principals and executives.” Wood told us Friday that this kind of “qualitative study” won’t provide data showing the economic impact of consolidated media ownership on smaller businesses and minority owners. “It’s nice to see MMTC volunteering to take this on, but it’s not necessarily the kind of research,” requested by the 3rd U.S. Circuit Court of Appeals in its decision on the FCC’s media ownership rules, he said. MMTC President David Honig said in an email Friday that Free Press had been involved in the design process for the study, and that the council had adopted all of Free Press’s suggestions at the time. “So it’s puzzling why they would be critical of our study even before it’s been completed and published,” said Honig. Wood agreed that his organization had been involved, but said that it still preferred a quantitative study to meet the court’s requirements. “When science is being done, an open mind is helpful,” said Honig. MMTC has said the study will be submitted to the FCC May 29 (CD May 3 p12).
Senate Commerce Committee Chairman Jay Rockefeller, D-W.Va., asked GAO to examine the impact that broadcast joint sales agreements (JSAs) and shared services agreements (SSAs) have upon consumers. “I have long had concerns about the public interest of weakening the existing media ownership rules,” said his letter made public Tuesday. “I believe the FCC should act with caution in this area and not make changes to the media ownership rules unless the agency can demonstrate clearly that localism, independence, and diversity of views will be advanced by any changes made to the rules.” Rockefeller asked GAO to determine the extent to which broadcasters are participating in JSAs and SSAs, what impact such agreements have on competition, whether they inflate retransmission consent fees and overall costs, and whether such agreements are increasing the costs that consumers incur for pay-TV programming, among other questions. FCC Chairman Julius Genachowski recently paused a draft order that would relax media cross-ownership rules to give the Minority Media and Telecommunications Council time to study the impact of waivers, allowing common ownership of stations and daily newspapers, on minority and women-owned broadcasters (CD Feb 27 p1). The American Television Alliance (ATVA) and the American Cable Association (ACA) commended Rockefeller for requesting the study. ATVA said: “These types of arrangements may lead to more retransmission consent disputes and cause consumers more harm when multiple broadcast stations are pulled during such disputes. Further, these arrangements may cost consumers more money in the end.” ACA President Matthew Polka said he’s optimistic “the GAO will validate ACA’s claims that broadcast stations are engaging in widespread anti-competitive coordination designed to extract excessive retransmission consent compensation from pay-TV providers as compared to broadcasters that negotiate individually.”
The government continues to take steps to enhance partnerships in commercial space launches, said Maj. Justin Sutherland, a chief in the Air Force Space Operations Division. The government is taking the initial steps to implement the provisions on launch and space vehicles in the FY13 National Defense Authorization Act (NDAA), which was passed in January, he said Tuesday at a Federal Aviation Administration Commercial Space Transportation Advisory Committee meeting in Washington.
Several Senate Commerce Committee Democrats support Tom Wheeler, President Barack Obama’s nominee for FCC chairman (CD May 1 p1), they told us in interviews at the Capitol this week. Many Democrats had previously endorsed current FCC Commissioner Jessica Rosenworcel to become chairman after Julius Genachowski departs the agency. The Senate Commerce Committee hasn’t scheduled Wheeler’s confirmation hearing. Chairman Jay Rockefeller, D-W.Va., told reporters Monday it could come before the end of the month.
Signs of optimism in the radio industry’s prospects are found among some winners in the just-completed FCC auction of FM construction permits, which included a first-time bidder and a company that owns several other stations. Auction 94 ended Monday (CD May 7 p15) and netted $4.1 million, 7.7 percent more than the last auction of FM CPs (http://fcc.us/ZABCaf), held last year as the same number of permits -- 93 -- received greater-than-minimum bids. Some executives had said the radio industry remains challenged amid a 29 percent decline in terrestrial ads to $14.2 billion last year since their zenith before the Great Recession (CD April 30 p1).
NATIONAL HARBOR, Md. -- Facebook and 19 attorneys general have teamed up to create a new online safety campaign, Maryland Attorney General Doug Gansler said during the annual National Association of Attorneys General Presidential Initiative Summit. Gansler leads NAAG. The summit included panels featuring former and current FTC officials, consumer privacy advocates and members of the online consumer data industry.
LAS VEGAS -- Chances are the FCC won’t have finished the media ownership review due in 2010 by fall, with the 2010 quadrennial review likely to outlast the tenure of departing Chairman Julius Genachowski, agreed panelists including Media Bureau Chief Bill Lake. “My guess is we'll still be working on it” in the fall, the fourth anniversary of a workshop that began the 2010 review, said Lake. With the Minority Media and Telecommunications Council study (CD Feb 27 p1) of the effect of cross-ownership on minority stations due to be complete in about four weeks, it’s still possible “the commission may be prepared to take a vote” then, Lake said Tuesday at NAB’s show.
The FCC is failing to do enough to encourage diversity in media ownership, said former FCC Commissioner Michael Copps and others at the National Conference for Media Reform Friday, as the FCC released a letter from members of Congress opposing changes to cross-ownership rules. “Minorities own 2.2 percent of full-power TV stations in this country,” said Copps: “How’s that for representing America?”