The Office of Foreign Assets Control is proposing to raise for inflation the maximum amount of civil monetary penalties assessable under five U.S. sanctions programs. The proposed rule (here), which would take effect Aug. 1, would make the following changes:

American Cable Association and Mediacom are disputing broadcaster and programmer arguments as the FCC contemplates changes to good-faith negotiation rules. ACA in a filing Monday in docket 15-216 contended point by point assertions Disney previously made (see 1606170039). Contrary to Disney's claim bundling is generally pro-competitive and pro-consumer, ACA said antitrust law and competition policy look at it under a per se analysis, and certain elements in a tying agreement could add up to an antitrust violation. ACA also defended a Disney-criticized analysis by Columbia University professor Michael Riordan, saying Disney didn't put up any alternative assertions that would lead to different conclusions from Riordan's that bundling raises prices. ACA also said Disney is right that Riordan's analysis involves the idea programmers are monopolists or have market power, "but it does not in the least undermine ACA's case" since there is no good content substitute for the top four-rated broadcast stations and regional sports programming. Disney didn't comment Tuesday. Meanwhile, Mediacom -- in a filing Monday in the docket in response to an NAB ex parte filing (see 1606210044) -- called the NAB's arguments about FCC authority to order interim carriage "a misreading of relevant law" and a mischaracterization of the rule changes Mediacom and others suggested. Mediacom said NAB's assertion the FCC ordering interim carriage would conflict with the right of broadcasters to control their signals under Communications Act Section 325 would force the FCC to adopt "a non-existent limitation" on its own regulatory authority for retransmission consent negotiations. A broadcaster's control of its signals "is not 'unqualified'" under Section 325 and the FCC isn't barred from ordering a station to grant retrans consent for an interim period, Mediacom said. It also disputed NAB arguments against making online blocking during a retransmission consent blackout contrary to good-faith negotiating, with Mediacom saying online blocking rules are unrelated to public performance rules under the Copyright Act cited by NAB, and restricting any online blocking is to protect consumers, not multichannel video programming distributors. In a statement, NAB -- pointing to Consumer Reports’ recent rankings -- said Mediacom should "address its well-known customer service issues rather than seek special regulatory favors from the FCC. The fact is that broadcasters have intellectual property rights in the valuable programming that pay TV companies re-sell for a profit. Mediacom would do well to acknowledge those rights, stop the retransmission consent game playing, and improve its woeful treatment of consumers.”

American Cable Association and Mediacom are disputing broadcaster and programmer arguments as the FCC contemplates changes to good-faith negotiation rules. ACA in a filing Monday in docket 15-216 contended point by point assertions Disney previously made (see 1606170039). Contrary to Disney's claim bundling is generally pro-competitive and pro-consumer, ACA said antitrust law and competition policy look at it under a per se analysis, and certain elements in a tying agreement could add up to an antitrust violation. ACA also defended a Disney-criticized analysis by Columbia University professor Michael Riordan, saying Disney didn't put up any alternative assertions that would lead to different conclusions from Riordan's that bundling raises prices. ACA also said Disney is right that Riordan's analysis involves the idea programmers are monopolists or have market power, "but it does not in the least undermine ACA's case" since there is no good content substitute for the top four-rated broadcast stations and regional sports programming. Disney didn't comment Tuesday. Meanwhile, Mediacom -- in a filing Monday in the docket in response to an NAB ex parte filing (see 1606210044) -- called the NAB's arguments about FCC authority to order interim carriage "a misreading of relevant law" and a mischaracterization of the rule changes Mediacom and others suggested. Mediacom said NAB's assertion the FCC ordering interim carriage would conflict with the right of broadcasters to control their signals under Communications Act Section 325 would force the FCC to adopt "a non-existent limitation" on its own regulatory authority for retransmission consent negotiations. A broadcaster's control of its signals "is not 'unqualified'" under Section 325 and the FCC isn't barred from ordering a station to grant retrans consent for an interim period, Mediacom said. It also disputed NAB arguments against making online blocking during a retransmission consent blackout contrary to good-faith negotiating, with Mediacom saying online blocking rules are unrelated to public performance rules under the Copyright Act cited by NAB, and restricting any online blocking is to protect consumers, not multichannel video programming distributors. In a statement, NAB -- pointing to Consumer Reports’ recent rankings -- said Mediacom should "address its well-known customer service issues rather than seek special regulatory favors from the FCC. The fact is that broadcasters have intellectual property rights in the valuable programming that pay TV companies re-sell for a profit. Mediacom would do well to acknowledge those rights, stop the retransmission consent game playing, and improve its woeful treatment of consumers.”

NTIA Administrator Larry Strickling is opposing GOP senators' calls for the agency to delay the Internet Assigned Numbers Authority (IANA) transition. He said in letters released Tuesday the agency sees “no tangible benefit” to doing so by extending its current contract with ICANN to administer the IANA functions. Amplifying their doubts about the IANA transition's propriety in the weeks since NTIA endorsed ICANN's transition plans were leaders of the House and Senate Judiciary committees (see 1606270070). Two ICANN officials separately said Tuesday ICANN is pressing forward with preparations for the IANA transition.

Public Knowledge and the Open Technology Institute at New America filed an emergency FCC petition Tuesday seeking a stay of operation of dedicated short-range communications systems in the 5.9 GHz band. The groups are leading proponents of Wi-Fi sharing the band with DSRC, which is designed to prevent vehicle accidents. The FCC recently released a public notice seeking to refresh the record on the 5.9 GHz band (see 1605260059). The agency didn’t comment.

FairPoint Communications will no longer pay into USF for the wholesale broadband telecom service it plans to take private, said an official for another rural-oriented carrier that has similar plans. "This is really about USF," said Trey Judy, Hargray Communications director-regulatory affairs. "I think other companies are going to follow suit. ... It’s just correcting an inequity that’s been there for a while," he told us, citing cable competitors as not paying into the fund for their broadband offerings. "This puts [rural telcos] on a level playing field." Separately, Republican FCC commissioners recently voiced concern the agency could begin to assess industry broadband revenue in general to pay for USF.

Presumptive GOP presidential nominee Donald Trump may struggle to win over big donors from the telecom and media industry, political observers told us. Trump faces a tough initial fundraising shortfall compared with Democratic presumptive nominee Hillary Clinton, ending May with $1.3 million in cash on hand compared with Clinton’s $42 million, according to Federal Election Commission filings. Heavyweight telecom and media industry executives haven't embraced Trump's GOP presidential bid, fundraising and endorsement records show.

The family of Kelsey Smith is the reason for the Senate Commerce Committee won't mark up a revised version of the Kelsey Smith Act (S-2770) Wednesday, the bill’s sponsor told us. The committee removed the measure from the markup agenda earlier this week, and aides told us then more time was necessary on what was a version reaching final drafting stages (see 1606270052). “The family raised an objection, and we’re respecting that,” Sen. Pat Roberts, R-Kan., said in an interview Tuesday. A Republican Senate staffer told us negotiators are still in the final stages of drafting a revised bill and in what was described as due diligence with law enforcement to get the language right.

Public Knowledge and the Open Technology Institute at New America filed an emergency FCC petition Tuesday seeking a stay of operation of dedicated short-range communications systems in the 5.9 GHz band. The groups are leading proponents of Wi-Fi sharing the band with DSRC, which is designed to prevent vehicle accidents. The FCC recently released a public notice seeking to refresh the record on the 5.9 GHz band (see 1605260059). The agency didn’t comment.

The family of Kelsey Smith is the reason for the Senate Commerce Committee won't mark up a revised version of the Kelsey Smith Act (S-2770) Wednesday, the bill’s sponsor told us. The committee removed the measure from the markup agenda earlier this week, and aides told us then more time was necessary on what was a version reaching final drafting stages (see 1606270052). “The family raised an objection, and we’re respecting that,” Sen. Pat Roberts, R-Kan., said in an interview Tuesday. A Republican Senate staffer told us negotiators are still in the final stages of drafting a revised bill and in what was described as due diligence with law enforcement to get the language right.