EchoStar urged the FCC to recognize satellite “as a valued, reliable option for route diversity,” it said in an ex parte filing in dockets 13-75 and 11-60 (http://bit.ly/14NJDax). Satellite has a proven track record in public safety emergency communications preparedness, it said. EchoStar and Hughes currently provide government agencies “with emergency networking solutions for redundancy and continuity of operations,” it said in a letter about a meeting with staff from the Public Safety Bureau. Hughes is providing continuity services to support emergency preparedness activities in Texas, it said.
The U.S. Supreme Court denied the stay in the National Labor Relations Board proceeding that Cablevision requested this week (CD July 3 p13). The cable company argued that the NLRB was operating unconstitutionally and without a valid quorum. It wanted to stop a hearing related to complaints from its New York union workers. “Cablevision’s actions are clear evidence of why workers need a fully functional NLRB,” said Communications Workers of America in a statement Wednesday. “It’s the only agency that can enforce federal labor law for 80 million workers.” The denial of a stay “does not address the merits of the case,” said a Cablevision spokeswoman. “We are confident that the D.C. Circuit Court’s final ruling on our petition will put a stop to the NLRB’s evasion of the law.”
Eutelsat expanded its partnership with Russian Satellite Communications Co. for capacity on future RSCC satellites. Eutelsat “concluded an additional 15-year lease with RSCC for 19 Ku-band transponders on Express-AT1,” which is planned for launch later this year, Eutelsat said in a press release (http://bit.ly/13rXdng). Capacity on Express-AT1 and other forthcoming satellites will provide full coverage of the Russian Federation and enable the companies “to expand the digital infrastructure provided to leading broadcast clients that include NTV+ and Tricolor TV,” it said.
Two of the three FCC commissioners, acting Chairwoman Mignon Clyburn and Commissioner Jessica Rosenworcel, have voted to approve the SoftBank/Sprint/Clearwire transaction, agency officials confirmed Tuesday. Commissioner Ajit Pai is still going over the order and had concerns with parts of it, which has delayed his voting, officials said. The order approving the deal circulated late last week (CD June 28 p12).
The FCC gave Motorola Solutions the clarity it sought on whether a 2012 order restricting Terrestrial Trunked Radio (TETRA) from being deployed in the portions of the 800 MHz band reserved for public safety applies to not just National Public Safety Planning Advisory Committee band spectrum. “We hereby clarify that the Commission did not intend to limit use of this technology in the 800 MHz band to [Business/Industrial Land Transportation] Pool licensees, and, as indicated in the Discussion of the Report and Order and in the amended rules themselves, TETRA technology is permitted on all channels in the 809-824/854-869 MHz band, not just the B/ILT channels,” said the commission in a Tuesday order (http://bit.ly/1azyv7j). “As to the second issue on which MSI seeks clarification, whether the technical rules adopted in the Report and Order are technology-neutral or are intended only for TETRA equipment, we clarify that the rules permit any equipment that meets the applicable adjacent channel power limits of Section 90.221. The application of the rule is not limited to TETRA equipment and it was not the Commission’s intention to restrict the rule in this manner."
A takeover of Time Warner Cable by Charter Communications could lead to higher credit risk for TWC bondholders, said Moody’s Investment Service in a news release Tuesday. Numerous reports indicate such a takeover might be sparked by John Malone, CEO of Liberty Media, which recently acquired a stake in Charter, Moody’s said. “Dr. Malone has never been known to be a passive investor, and his recent acquisition of a 27.3 percent stake in Charter Communications is unlikely to be his last move to drive further consolidation in the U.S. cable industry,” said Moody’s Senior Vice President Neil Begley. Begley said a Charter takeover of TWC would raise credit risks for bondholders because Malone “would likely want to limit his dilution and exert effective control in the transaction or series of transactions.” TWC’s status as a public company without a controlling shareholder means it doesn’t have much defense against shareholder pressure or a takeover, Begley said. “A poison pill would not thwart a reasonable offer to buy the company and would have to be considered by the board of directors, and in the absence of protective indentures bondholders are typically an afterthought in such situations.” Moody’s said TWC could defend itself from Charter by buying “mid-sized targets,” though this “likely would pressure its ratings given the higher leverage of the most likely targets.” Another defensive option would be for TWC to put in its own bid to buy Charter, said the release.
The final scheduled meeting of NTIA mobile privacy stakeholders -- originally scheduled for July 9 -- will take place July 25 instead, NTIA told stakeholders in an email Tuesday. The agency postponed the meeting due to a scheduling conflict with the Privacy and Civil Liberties Oversight Board’s public hearing on surveillance laws also scheduled for July 9, the email said.
Allbritton stations requested an additional 90-day extension until Oct. 7 to consummate the transfer of control to a new trust. Earth stations for KATV-TV Little Rock, Ark., KTUL-TV Tulsa, Okla., and other TV stations can’t be transferred to the new trust because the estate has not yet completed probate, Allbritton said in separate pieces of correspondence with the FCC. They said that under the terms of his will, Joe Allbritton created a new trust to inherit all of his direct and indirect interests in Perpetual Corp. and Allholdco. He died in December (CD Dec 14 p19).
RCN Telecom is violating must-carry rules by failing to carry Lenfest’s station WMCN-TV Atlantic City on RCN cable systems serving Delaware County, Pa., according to a complaint filed with the FCC. Lenfest said its station qualifies for must-carry status, and that RCN has failed to respond in time to its request to begin carrying the station. RCN did not comment.
Barry Diller agreed to settle with the FTC -- including paying a $480,000 civil penalty -- over the agency’s claims that the corporate investor, who has backed Aereo and is chairman of IAC/InterActiveCorp, violated the FTC’s premerger filing requirements, the agency said Tuesday (http://1.usa.gov/1ayLHJD). According to a release, Diller -- who has “many holdings in media companies” -- repeatedly failed to meet premerger filing requirements set by the Hart-Scott-Rodino Act as he acquired Coca-Cola shares between November 2010 and April 2012.