Communications sector expectations for Thursday's House Communications Subcommittee hearing on the state of the media market are nearly universally low. But some lobbyists told us they will be listening for potential clues about contours of the looming 2019 debate on Satellite Television Extension and Localism Act (STELA) reauthorization. The hearing, called largely at the behest of House Majority Whip Steve Scalise, R-La., is expected to include a major focus on his Next Generation Television Marketplace Act (HR-6465). Lobbyists and Capitol Hill aides noted substantial House Commerce Committee pique over Scalise's push to hold the hearing, including expectations of sparse lawmaker attendance. The panel will begin at 3 p.m. in 2123 Rayburn.
The FCC approved a declaratory ruling and order designed to speed the deployment of small cells and 5G across the U.S. Commissioner Jessica Rosenworcel, whose vote had been in doubt (see 1809200007), partially dissented and partially concurred Wednesday.
Parties urged new FCC actions to combat unwanted robocalls, differing on specifics. Telecom providers seek more call-blocking authority with regulatory flexibility; consumer groups recommend a more prescriptive approach; and telemarketers want fine-tuning to better target illegal calls and reduce "false positives" blocking legal calls. Comments were posted through Tuesday on a public notice to update the record in docket 17-59, after a November order authorized voice providers to block calls deemed highly likely to be illegal: from phone numbers on a "Do-Not-Originate" list and "those that purport to be from invalid, unallocated, or unused numbers."
With one Missouri community attempting to levy fees on Netflix and Hulu like it does cable TV, other states and localities are likely to try to head down the same road, experts told us. “I don't know that anybody is jumping on the bandwagon per se but I think [other communities] are interested in seeing how [the city's litigation] plays out," said Creve Coeur, Missouri, Mayor Barry Glantz.
The Senate Commerce Committee’s privacy hearing Wednesday (see 1809200050) is a good opportunity for prominent platforms to weigh potential federal legislation, Chairman John Thune, R-S.D., told us Monday. Asked about committee criticism for its all-industry witness list, Thune looked forward to listening to privacy groups at a future hearing. Representatives from Google, Twitter, Apple, Amazon, AT&T and Charter Communications will testify Wednesday (see 1809120036).
The U.S. is in the race to lead the world on 5G, but he’s not predicting victory, NTIA Administrator David Redl said in a taping of C-SPAN's The Communicators. “We have competition,” he said. “China and South Korea are absolutely trying their best to be first.” Redl declined to comment on a White House 5G plan, saying he won’t get out in front of President Donald Trump. NTIA earlier Tuesday released a request for comments on privacy principles (see 1809250049).
A Wednesday House Communications Subcommittee on the 911 Fee Integrity Act (HR-6424) and other public safety telecom-related bills will likely be focused on whether there's a path to potentially move those bills later this year, lawyers and lobbyists told us. The hearing will begin at 10:30 a.m. in 2322 Rayburn. HR-6424 would bar states from engaging in 911 fee diversion and give the FCC the power to decide on “acceptable” uses for the money. FCC Commissioner Mike O'Rielly is a backer of the bill but won't testify on its behalf (see 1808170023).
SiriusXM's agreeing to buy Pandora for $3.5 billion in an all-stock deal means they would pay close to $2 billion on royalties next year combined, said Sirius CEO Jim Meyer on a Monday conference call. “The two companies have a tremendous respect for what artists bring to our business, what songwriters bring to our business. We obviously fully endorse models that compensate them for what they bring. I think this merger will be good for everyone in music for one simple thing, and that is, if we’re successful, we will begin to shift share from those channels that are not paying performance rights to musicians.”
The ways the FCC and antitrust agencies like DOJ evaluate deals can diverge widely, said experts Saturday at American University-hosted annual Research Conference on Communications, Information and Internet Policy. Steptoe & Johnson's Jon Sallet said the FCC's big question is often what range of policy options are "reasonable" under the Chevron doctrine of judicial deference to agencies, and what record would support a decision made within that range, while at DOJ the focus was on how does one convince a judge, with the burden of proof being on government to prove its case.
Judges questioned a Sandwich Isles Communications attorney's assertions the FCC backed the carrier's Hawaiian Island undersea cable project before reducing its related access charge revenue. A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit also questioned FCC and AT&T attorneys extensively in oral argument Monday. SIC is challenging a 2016 FCC order that prospectively disallowed all but $1.9 million of its annual access collections from a National Exchange Carrier Association rural telco pooling mechanism (see 1612060032).