TV stations increasingly are available via a mushrooming number of streaming options such as aggregators. Discussions between networks and affiliates have been rising as cable subscribers decline, putting retransmission consent dollars in jeopardy, experts said in recent interviews. Networks wanted big increases on what affiliates pay based on the notion affiliates get more retrans revenue, but there's MVPD resistance to rising retrans fees, said broadcast lawyer Jack Goodman.
Matt Daneman
Matt Daneman, Senior Editor, covers pay TV, cable broadband, satellite, and video issues and the Federal Communications Commission for Communications Daily. He joined Warren Communications in 2015 after more than 15 years at the Rochester Democrat & Chronicle, where he covered business among other issues. He also was a correspondent for USA Today. You can follow Daneman on Twitter: @mdaneman
The legions of geostationary orbit gateway earth stations in the upper microwave flexible use band Viasat applied for in recent days are evidence the FCC's lengthier buildout period for GSO earth station deployments adopted last year is allowing stockpiling of earth station sites, SpaceX said in a docket 18-314 filing posted Tuesday. Since July 1, per our search of International Bureau filings, Viasat has submitted 382 earth station applications in the 27.5-28.35 MHz band to connect with its Viasat-3 network. SpaceX said Hughes' critiques of arguments against the extended buildout period now "essentially concedes" that Viasat is engaged in stockpiling earth station sites. Hughes said earlier this month the Viasat applications "prove nothing about the likelihood of warehousing" and that SpaceX hasn't shown evidence the sites are unnecessary. SpaceX is among parties that sought reconsideration of Part 25 satellite rules (see 2105070044). Neither Viasat nor Hughes commented Wednesday.
States and localities are loosening pandemic-related restrictions, but federal and state courts are a more mixed bag, our informal survey found. State courts likely will be fully open by Labor Day and generally done with COVID-19 precautions, said Texas Supreme Court Chief Justice Nathan Hecht, who's president of the Conference of Chief Justices (CCJ). Federal courts are more scattered in their moves.
The FCC approval Friday of AT&T's spinoff of its North American video distribution business came with no conditions. See also our news bulletin here. The International and Wireless bureaus order approving transfer of some satellite, earth station and private land mobile radio licenses said that since TPG Capital, which is buying a 30% stake in the spinoff, has no significant video programming or distribution assets, New DirecTV poses "no adverse effect on market concentration or likely competitive or public interest harms." Staff said no one had challenged AT&T and TPG assertions that the $7.8 billion deal announced in February (see 2102240046) would make New DirecTV more competitive through dedicated management, an ability to focus solely on the video business and the addition of capital and resources. Network affiliates had sought a condition requiring provide local-into-local service into all designated market areas (see 2105040055). The bureaus' order said nothing in the record points to New DirecTV having any less incentive to carry local broadcast channels and the affiliates didn't put forward evidence or a good theory showing New DirecTV would have different competitive pressures in those markets post transaction. Indie programmer RMG had urged that New DirecTV be required to allocate at least 1% of its channel lineup for rural-focused programming and be barred from removing rural content from its post-spinoff programming lineup. The order said the spinoff doesn't raise vertical integration concerns that New DirecTV would discriminate against unaffiliated programmers or change the incentives behind DirecTV program carriage decisions. AT&T said it "appreciate[s] the FCC’s prompt review and approval."
Three Democratic senators criticized CTIA for lobbying efforts on states' implementation of the 988 suicide prevention hotline. "Telecom lobbyists appear to be pressing state legislatures to reduce the size of the fees assessed and the scope of the services to which the fees could apply, well beyond -- and in some cases contrary to -- the guardrails already written into law," Ron Wyden and Jeff Merkley of Oregon and Chris Murphy of Connecticut wrote CEO Meredith Baker Thursday.
OneWeb and advocates for opening 12 GHz to 5G butted heads Wednesday whether there's wireless demand here. “Where is CTIA [support], where is Verizon [support]?" said OneWeb North American Director-Government and Regulatory Engagement Eric Graham in a Broadband Breakfast virtual panel Wednesday. He said their silence and AT&T opposition to opening the band indicate a relative lack of wireless interest. Replied RS Access CEO Noah Campbell, NCTA says its members want access, and AT&T shows interest in an auction if there's a mobile allocation. Dish Network Executive Vice President-External and Legislative Affairs Jeff Blum said it's "telling" that non-geostationary orbit (NGSO) satellite interests didn't offer their own technical study in the docket 20-443 comment cycle (see 2107080055) refuting the RS Access-commissioned study showing satellite/terrestrial sharing of the 12.2-12.7 GHz band is feasible. Graham said the burden of proof is on 5G petitioners to make the case for sharing. Blum and Campbell focused on the need for the spectrum for 5G. Graham argued terrestrial service is a harmful interference risk to NGSO fixed satellite service (FSS) downlinks to user terminals. Graham said the 12 GHz swath is part of a 2 GHz-wide band of Ku spectrum available for satellite use, but terrestrial uses in the 10.7-11.7 GHz band makes it more difficult if not impossible for NGSO FSS constellations. Blum said the band isn't inherently needed for NGSO-provided broadband, citing Amazon's planned Kuiper constellation not using that spectrum. He and Campbell disputed the interference threat. Now that the record's closed, 5G interests will seek to engage with NGSO interests, said Blum.
There's no big change between the draft order amending FCC International Bureau Filing System rules and the order adopted by FCC commissioners Tuesday, we found. The order requires electronic, instead of paper, filing of applications for international high frequency broadcast stations and dominant carrier quarterly reports and ends a duplicate paper filing requirement for satellite cost-recovery declarations. The FCC said that ends any remaining IB applications and reports being filed on paper.
Telecom interests disagree about the feasibility of texting the 988 suicide prevention hotline by July 16, 2022, in docket 18-336 comments due Monday. Text-to-988 can be instituted by that implementation deadline for 988 voice service or within six months of when Lifeline is technically prepped to receive and handle texts, whichever is later, CTIA said. It said the FCC should rely on the text-to-911 definitions of 'covered providers" and "covered services" here. It said the FCC should keep evaluating the feasibility and policy considerations of such issues as a broader scope of supported messaging services and the provisioning of location information. Calling the 2022 deadline feasible, ATIS said covered text providers should have to route 988 text messages to Lifeline's current 10-digit number instead of a Lifeline local crisis center, because a text-to-911-type architecture "would require significantly more time to implement." ATIS said modeling text-to-988 after text-to-911 would mean nine to 12 months of updating specifications, and 12 to 18 months of implementation. Voice on the Net Coalition said text-to-988 should have the same exemptions as text-to-911 from non-interconnected texting applications and covered text providers in Wi-Fi-only locations requirements. It said new routing and technical standards for text-to-988 could make meeting the 2022 deadline difficult. It said the FCC instead should look at an implementation deadline of 12 months after the effective date of the order. Support enhanced funding and resources for 988 and the network of crisis centers answering those calls to ensure it has the capacity to respond to texts, the American Foundation for Suicide Prevention commented. Lack of support to receive, address and respond to text messages "will set [the texting] capacity up for failure," it said. Also citing funding concerns, the Association for Behavioral Health and Wellness said the FCC should collaborate with providers and payers on structuring operational functionality of the crisis line. An array of mental health organizations including the American Psychiatric Association, American Association of Suicidology and National Alliance on Mental Illness urged requiring automated bounceback messages when text-to-988 isn't answerable and that texting be available by the July 2022 988 voice call deadline. The National Association of the Deaf, National Disability Rights Network and others urged expanding the scope of the order to include real-time text, rich communications service and other successor formats and to cover all interconnected texting service providers.
Intelsat is upping the estimated price tag for its part in the C-band clearing by more than $100 million, while SES and Eutelsat are dropping theirs, per updated transition plans posted Thursday in docket 18-122 (see 2106230038). The FCC didn't comment.
Staff may not use FCC computing resources for any "illegal, unethical, or inappropriate activities, "including accessing "inappropriate material," online gambling, lobbying, campaigning or downloading or distributing illegal copies of copyrighted materials. That's per the information technology and privacy rules of behavior, which we obtained via a Freedom of Information Act request. Staff can't send or post "threatening, harassing, intimidating, abusive, or inappropriate material or message," do official agency business via personal email, or forward non-public data to personal accounts. When teleworking, staffers must protect sensitive data by means including the disposal of sensitive information by shredding or other means, and not download FCC information on personal devices, including downloading FCC attachments outside of OneDrive or SharePoint, per the policy. Under the FCC's essential IT equipment policy, employees "as a standard equipment baseline" get a virtual desktop infrastructure unit and required peripheral equipment such as a monitor, keyboard and mouse. Workers can be issued a smartphone or tablet, with a maximum of one per employee "with few exceptions," though field agents and travelers might be issued both. The commission told us it implemented a "bring your own device" smartphone policy during FY 2017-18, under which employees are permitted to use their personally owned device. Under the BYOD policy, staff, interns and contractors must use the MobileIron Apps@work catalog to download work-related applications.