The upcoming comprehensive review of FCC media ownership rules may begin with a notice of inquiry (NOI) -- not a rulemaking proposal as in past rounds, said numerous commission and industry officials. That tack is thought to be preferred by Chairman Julius Genachowski. It may help take the air out of possible criticism from members of Congress over the ownership process, which has drawn much heat in previous iterations, said communications lawyers.
Notable CROSS rulings
The FCC put off for the ninth time a deadline for changes to waiver requests (CD Aug 3 p9) concerning media ownership rules and for new requests. What had been an Oct. 9 deadline is now Jan. 7 for waivers of rules limiting common ownership of a broadcaster and a daily newspaper in a city, said a Media Bureau order released Monday. The bureau said it made the decision on its own initiative. The order responds to a request by Bonneville, Calvary Inc., Cox Enterprises, Morris Communications and Scranton Times for the final deadline to be delayed until 90 days after a court decision on cross-ownership rules. Last week, the commission asked an appeals court to continue a stay of appeals against the rules.
The FCC wants challenges to 2008 media cross-ownership rules to remain on hold, said a status report filed Thursday in Prometheus Radio Project v. FCC at the 3rd U.S. Circuit Court of Appeals, Philadelphia. The 3rd Circuit asked June 12 whether a stay should remain in place (CD June 16 p12). Since then, a new chairman and two new members have joined the commission, said the filing, which the FCC released Friday. The commission is considering a Common Cause petition for reconsideration and plans to start a 2010 media ownership review, the filing said. “Under these unusual circumstances, the Commission supports keeping the current stay in place,” said the document, signed by FCC General Counsel Austin Schlick.
A multibillion dollar purchase of all or part of NBC Universal by Comcast probably would be approved after significant antitrust and FCC scrutiny, communications lawyers and analysts said Thursday. They were commenting on media reports that Comcast is exploring an acquisition along those lines. A lengthy FCC application by the companies would be required and public comment would be sought by the commission, said lawyers who represent TV stations. The absence of a rule prohibiting cross-ownership of cable systems and stations augurs eventual FCC approval, and the federal government probably wouldn’t challenge the deal on antitrust grounds, said attorneys and analysts.
A proposed repeal of immunity for telecom carriers in electronic surveillance cases involving suspected terrorists seems to have little support in Congress or the administration, according to testimony this week in the House and Senate Judiciary committees. Sen. Russ Feingold, D-Wis., this week proposed the repeal as part of a bill to reauthorize expiring provisions of the Patriot Act (CD Sept 21 p8). But he didn’t promote the provision specifically Wednesday at a Senate Judiciary Committee hearing on legislation renewing three expiring provisions, which affect court-ordered collection of electronic communications (CD Sept 23 p2).
A panel of three federal appeals judges had tough questions about the First Amendment arguments brought by Cablevision in its appeal of the FCC’s 2007 decision to extend its program access rules. The rules ban cable operators that own programming networks from withholding them from competing distributors. “We are loath to take on constitutional questions unless they are clearly presented and I'm not even sure … what your First Amendment question is,” Chief Judge David Sentelle of the U.S. Court of Appeals for the District of Columbia Circuit told Cablevision counsel Henk Brands of Paul, Weiss.
A successful national broadband policy needs to address affordability, access, funding, demand and supply issues in rural areas, speakers said during a Pike & Fischer webinar Wednesday. They warned that definitions and application process issues in the broadband stimulus program and some Universal Service Fund rules could hurt the outcome of these programs.
An FCC cross-band radio translator order will take effect Oct. 1, with the publication Tuesday in the Federal Register of rules allowing AM stations to use FM translators (CD June 30 p3). The Office of Management and Budget approved information-collection requirements related to the rules, lawyer Harry Cole wrote on the blog of Fletcher Heald, representing radio stations. The notice said the commission will officially announce OMB approval in the Register.
The FCC Wireline Bureau sought comment on the reasonableness of Global Crossing’s billing and collection practices. In a petition last year, switchless resellers OLS and TeleUno said Global Crossing “demands payment of disputed amounts, and incorrectly imposes minimum monthly usage charges,” the bureau said. The resellers, which buy network transport and other services from Global Crossing, said a commission ruling is “essential to the resolution of the application of section 201(b) and 203(c)” of the Communications Act “to the practices of underlying carriers in their dealing with their resale carrier customers. Comments are due Sept. 1, replies Sept. 15.
The FCC extended for an eighth time a deadline for changes to waiver requests (CD June 9 p9) of media ownership rules and for new requests. A Media Bureau order Friday extended the filing deadline until Oct. 9 for waivers of rules limiting common ownership of a broadcaster and a daily newspaper in a city. The decision, made by the bureau on its own initiative, responds to a request by Bonneville, Calvary Inc., Cox Enterprises, Morris Communications and Scranton Times for the final deadline to be delayed until 90 days after a court decision on cross-ownership rules. The order was signed by William Lake, appointed bureau chief last week.