Sinclair buying Tribune is still considered likely to be approved, despite the expectation of an unfavorable U.S. Court of Appeals for the D.C. Circuit ruling on the UHF discount and lack of FCC action on the national ownership cap, analysts and attorneys told us Friday. The final stage of the transaction’s comment period ended Thursday, and opponents urged the FCC to reject the transaction as against the public interest. The FCC and DOJ are still seen likely to OK the transaction in some form. It’s not clear what the particulars will be or how soon, but the FCC is expected to approve, said Wells Fargo analyst Marci Ryvicker.
Given the patchwork of state and international privacy laws developing with the EU general data protection regulation and California’s new measure (see 1806290043), Senate Republicans told us they are open to legislating. And that chamber's Democrats seek such a regime.
The FCC drew mixed responses from local government officials Friday to a draft order combining one-touch, make-ready rules with a ban on state and local moratoriums on new wireless and wireline facilities. A Nashville official lauded the agency for validating the Tennessee city’s overturned OTMR policy, but NATOA slammed the FCC’s proposed moratoriums ban. Local government attorneys warned it could lead to litigation.
President Donald Trump is continuing to select his federal judiciary nominees -- including Supreme Court nominee Brett Kavanaugh -- based in part on their views about what the president views as the overly broad legal underpinnings of regulatory agencies' power, including the Chevron and Auer/Seminole Rock doctrines, said White House Counsel Don McGahn Thursday at a Media Institute event. Trump nominated Kavanaugh Monday to replace retiring Justice Anthony Kennedy, raising expectations he will seek to rein in Chevron deference to agency expertise and influence the court's rulings on industry First Amendment free-speech rights and net neutrality (see 1807100020). Kavanaugh's meetings on Capitol Hill with senators continued Thursday, including with Sen. Shelley Moore Capito, R-W.Va.
Commissioner Mike O’Rielly split with fellow FCC Republicans Thursday to partially dissent from an order on emergency alert system testing and false alerts, over concerns about alert fatigue. Since lone FCC Democrat Jessica Rosenworcel voted in favor, it was approved 3 to 1. “If people come to expect that when those alert signals go off they may not be real, there is a very high likelihood that they will ignore potentially life-saving information.” O’Rielly said.
FCC Chairman Ajit Pai proposed rules providing a new framework for “the vast majority” of pole attachments under federal jurisdiction by imposing a one-touch, make-ready” (OTMR) regime. An accompanying declaratory ruling attacks local or state moratoriums on new wireless and wireline facilities. The order and declaratory ruling are set for a vote at commissioners’ Aug. 2 meeting (see 1807110053) along with items on broadcast incubators, repacking reimbursement, a telehealth item and a spectrum/5G auction-related action.
Commissioners approved 4-0 an NPRM and order Thursday that moves the U.S. a step closer to opening the C-band, key mid-band spectrum for 5G. The FCC will start by taking a snapshot of the 3.7-4.2 GHz band, though as expected the agency relaxed its reporting requirements for satellite companies from what was in the draft order (see 1807060025). Rather than asking for additional data from fixed satellite service earth stations, the FCC will require them only to certify that the information the agency has is up-to-date. Space station operators will have to provide basic information. The NPRM asks whether the FCC should seek additional data from satellite operators, officials said.
A possible FCC compromise on the draft kidvid NPRM didn’t materialize and the item was approved with a 3-1 party-line split Thursday (see 1807110051). Though Commissioner Mike O’Rielly acceded to a request from Commissioner Jessica Rosenworcel to edit the item to be free of tentative conclusions, Rosenworcel said Thursday the two sides couldn’t come to agreement. She praised O’Rielly’s willingness to negotiate and didn’t identify any other concessions she requested. “I was informed that even with these edits it was not sufficient to garner a bipartisan vote,” O’Rielly said. The version approved Thursday contains the same tentative conclusions as the draft item, O’Rielly and Media Bureau staff said.
A heated dispute over FCC changes to informal complaint procedures overshadowed commissioners' 3-1 approval of an order to streamline formal complaint processes. Dissenter Jessica Rosenworcel said the order effectively removes the agency from working to resolve informal complaints against companies, forcing consumers unsatisfied by company responses to file a formal complaint costing $225. "This is bonkers. No one should be asked to pay $225 for this agency to do its job," she said at Thursday's commissioners' meeting.
Tech interests fear ripple-effect consumer harms that may result from the Trump administration’s newest proposals to impose 10 percent Trade Act Section 301 tariffs on $200 billion worth of Chinese imports over intellectual property disagreements between the countries. The list of goods targeted for the 10 percent duties, released Tuesday in an Office of the U.S. Trade Representative notice, doesn't include meaningful end-user consumer tech products like TVs. Some networking gear was included, drawing concern from Commissioner Jessica Rosenworcel, CompTIA, CTA, the Information Technology Industry Council and Telecommunications Industry Association.