The 2nd U.S. Circuit Court of Appeals' February decision on TVEyes (see 1802270025) is a simple application of copyright law and doesn't implicate any Circuit Court split or involve unsettled questions of federal law, Fox News Network said Wednesday in a Supreme Court docket 18-321 brief opposing TVEyes' petition for writ of certiorari (see 1809120044). It said TVEyes' disagreement with part of the court's finding "does not begin to warrant this Court's attention."
Perception of poor value is consumers' top trigger for changing, downgrading or canceling pay TV, Parks Associates blogged Thursday. Among households that made pay-TV changes in past 12 months, a third were cord cutters, and 10 percent of switchers or cord shavers said they plan to use paid OTT services as a substitute or alternative. “The primary driver for pay-TV cancellation and downgrades continues to revolve around pricing and perceived value,” said analyst Brett Sappington. “When video services with good quality are available for under $15, it forces operators to justify an $80 [per month] pay-TV bill.”
The FCC replaced paper filing requirements for open video system applications and notices with electronic filing procedures, under a commissioner-approved order released Thursday. OVS paper filing rules "have outlived their usefulness," the agency said, saying the OVS application process requires immediate receipt by some staff, and that can be better assured if done electronically.
The Cable Act lets Charter Communications' Insight cable company use the perpetual easement across Indiana resident Stephen West's property to install and maintain a fiber line because a cable operator's use of the easement is inherently compatible with utility purposes, Charter said in a docket 18-1906 appellee brief (in Pacer) filed Tuesday with the 7th U.S. Circuit Court of Appeals. That easement "is the very kind of public utility easement that Congress had in mind" when enacting Section 621 to help deployment of cable services, Charter said. It said West is being used by plaintiff's counsel from different law firms as a test case "for sweeping class action litigation" on behalf of property owners seeking damages from communications providers for making cable networks that use easements. West's counsel didn't comment Wednesday. West originally sued Louisville Gas & Electric in 2016, claiming the utility's easement didn't authorize a fiber wire on the electric transmission tower straddling the easement, and later amended the complaint to add Charter. He's appealing Distinct Court dismissal of those Charter claims, while litigation against LG&E is ongoing.
The 8th U.S. Circuit Court of Appeals extended to Nov. 13 the deadline for Charter Communications to respond to the Minnesota Public Utilities Commission’s petition for en banc rehearing of a court panel's ruling that the company's interconnected VoIP is an information service not subject to state regulation (see 1810170010), said a Wednesday order (in Pacer) on Charter's Tuesday unopposed motion (in Pacer). Responding requires much internal coordination and Charter attorneys have other cases, the company said.
Charter Communications and striking New York union workers agreed to negotiation and mediation, said Gov. Andrew Cuomo (D) and the company. “As a matter of good faith I have asked [International Brotherhood of Electrical Workers] Local 3 to stop the picket line for 72 hours, at which point we can assess the progress,” Cuomo said Monday. The governor last week urged politicians to boycott one of Charter’s cable networks in solidarity with union workers who have been on strike for more than a year (see 1810170056 and 1806250038). Charter has “been at the negotiating table with Local 3 and a mediator many times since the strike began ... and welcome[s] further discussions,” a spokesperson emailed Tuesday. “We have consistently offered wage increases averaging 22 percent, as well as a generously matched retirement savings plan and comprehensive health and welfare benefits.”
Altice USA is no longer part of NCTA, as of Oct. 1, it confirmed Monday. "We will focus on direct advocacy relating to issues that impact our businesses and our customers, working with industry peers and other associations when our interests are aligned.” NCTA said it "regret[s] their decision, [but] NCTA will continue our forceful representation of the entire industry to advance policies that promote job growth, innovation, and continued investment by America’s internet and television providers.”
NCTA and Comcast officials met aides to all FCC commissioners except for Chairman Ajit Pai to explain why the agency should take a fresh look at Wi-Fi in the 5.9 GHz band, said a letter posted Friday in docket 13-49. The officials also met with Office of Engineering and Technology staff, including Chief Julius Knapp. NCTA and others asked the FCC to reconsider the band, in a letter last week (see 1810160061).
DOJ's continuing to oppose AT&T's buy of Time Warner "is rather unusual" because there's no clear antitrust principle and the department must show the U.S. Court of Appeals for the D.C. Circuit that lower court approval was clearly erroneous, Free State Foundation academic adviser Ted Bolema wrote Thursday. He noted U.S. District Judge Richard Leon took the odd step of explicitly discouraging Justice from appealing.
New York politicians will reduce transparency by boycotting a local news network in solidarity with an ongoing strike against Charter Communications, the MVPD said Wednesday. Earlier this week, New York City Mayor Bill de Blasio (D) reportedly said he’s skipping his weekly segment on New York 1 (NY1) to protest the cable network’s parent Charter. New York Gov. Andrew Cuomo (D) applauded the boycott Wednesday, encouraging other officials to join. The New York Public Service Commission conditioned OK of Charter’s Time Warner Cable buy on “maintaining the skilled workforce and bringing high speed internet to unserved and underserved communities,” but the company failed to honor those commitments, Cuomo said. “Consumers must be made aware of the abuses of Charter Spectrum, which the network has conspicuously failed to report on any of its broadcasts. Consumer pressure will affect Charter's bottom line, which is obviously their only concern." Charter responded Wednesday that NY1’s local coverage makes it a “critical part of the political process” that Cuomo wants to avoid as he heads into November’s election. The boycott “accomplishes nothing except to deprive his constituents of the ability to better understand how their state works and create a smokescreen for him to avoid answering difficult questions about real issues,” the company said. “It is a shame to see NY1 used as a political prop, something its parent company has never done,” when “fewer and fewer objective local news outlets” are available. New York and Charter earlier referred to productive talks related to the PSC revoking OK of the TWC deal (see 1810100060).