The FCC has to challenge California and other state net neutrality rules, after the U.S. Court of Appeals for the D.C. Circuit’s ruling last week, to keep the internet from being shaped by “the lowest common denominator,” said Commissioner Mike O’Rielly on the C-Span’s The Communicators taped hours after the ruling Tuesday. The episode was scheduled to have been shown Saturday. O’Rielly also discussed 5G, media ownership and FCC pre-emption of state and local rules to promote nationwide deployment of broadband infrastructure. “Saying that a particular boundary of a state which may have been decided decades or hundreds of years ago based on geography or some military conflict ... it’s just artificial,” O’Rielly said.
The FCC should take up the 3rd U.S. Circuit Court of Appeals' directive to gather evidence on how broadcast ownership rules affect diversity as part of the agency's pending 2018 quadrennial review order (see 1909250064), said Commissioner Geoffrey Starks Thursday at the National Association of Black Owned Broadcasters Fall Broadcast Management Conference. The ruling was the dominant regulatory topic, along with the QR and the state of the radio industry.
A bill that would restore the minority tax certificate and require the FCC collect data on broadcast ownership diversity could be the industry's answer to the 3rd U.S. Circuit Court of Appeals chronic issue with FCC ownership rules (see 1909250064), said National Association of Black Owned Broadcasters President Jim Winston at the group's conference Wednesday. “The tax certificate can develop the record the court says it wants.” Along with creating a tax credit for broadcasters that sell stations to minorities and women, the Expanding Broadcast Ownership Opportunities Act (see 1704120027) would require the FCC report to Congress on ways to increase viewpoint diversity, said Timothy Graham, legislative counsel to Rep. G.K. Butterfield, D-North Carolina. Butterfield and Rep. Yvette Clarke, D-New York, are sponsors. The bill is HR-3957and the Senate version is S-2433. NAB President Gordon Smith and both Democratic FCC commissioners endorsed the bill, said Graham. Broadcast industry officials said a renewed tax credit is likely to be struck down on constitutional grounds as the previous one was, but Graham said the certificate proposed in the bill will be able to survive legal challenge. “We believe it's narrowly tailored,” he said. Fear the bill will face a court challenge shouldn't stop Congress from pursuing it, he said. Graham said there has been FCC “pushback” on the issue. The agency previously rejected proposals from its own Advisory Committee on Diversity and Digital Empowerment that the agency support the minority tax credit as part of an incubator program.
The FCC won’t release the votes tally for commissioners' decision to hire Administrative Law Judge Jane Halprin, or the December order hiring her, the Office of General Counsel replied Monday to our Freedom of Information Act request made nearly a year ago. We plan to appeal the denial, and we responded Wednesday to a separate and almost complete FOIA denial received on the same day. Experts who reviewed the ALJ FOIA expressed concerns about the FCC's justifications for withholding the information, and the judge herself gave us some of what the document request sought.
DALLAS -- Broadcasters and broadcast attorneys are pinning their hopes on the FCC's appeal of Monday's 3rd U.S. Circuit Court of Appeals opinion (see 1909230067) to undo the “monkey wrench” the ruling threw into broadcast ownership deregulation, according to panel discussions and interviews at the 2019 Radio Show.
The biggest industry question mark going into the Tuesday to Thursday 2019 Radio Show in Dallas is the future of the AM/FM subcaps, said broadcasters, media brokers and broadcast attorneys in interviews. An NAB spokesperson said the trade group doesn’t announce show attendance, but it’s generally 1,500-2000.
The FCC’s fourth court loss on quadrennial updates to media ownership rules (see 1906130052) rolls those updates back and could have consequences for pending and just-completed deals such as Nexstar/Tribune and Apollo/Cox and for future radio deregulation, said broadcast attorneys on both sides of the issue in interviews Monday.
Broadcasters and industry analysts widely expect a record-breaking amount of political advertising revenue from the 2020 presidential election. Though the pie is bigger than ever, the broadcast share is steadily shrinking. “There’s an ocean of money coming, ” said Kip Cassino, former political ad analyst for Borrell Associates: “But in reality the broadcasters shouldn’t be so happy -- they’ve lost almost all their share advantage” over digital.
Wireless carriers resisted creating a group of industry and municipal stakeholders on the aesthetics of small-cell deployments, at Wednesday’s meeting of the FCC Technical Advisory Committee. The appearance of small cells isn’t a technical issue, said AT&T Assistant Vice President-Standards and Industry Alliances Brian Daly. “If it’s not a technical issue, is it really under the purview of the TAC?” Daly said the matter should be left to local authorities. The advisory council also discussed small cells and 5G deployment, terminology and antenna technology.
The FCC's order approving Nexstar’s buy of Tribune with a 2-2 party line split could have consequences for advocacy groups seeking to weigh in on future FCC decisions, said dissents from Commissioners Geoffrey Starks and Jessica Rosenworcel. Many lawyers agreed.