The likely unwinding of Sinclair’s buy of Tribune and the related FCC hearing designation order are unlikely to derail rollout of ATSC 3.0 but might cause it to take longer, said supporters and critics of the new broadcast standard (see 1807270002). Sinclair/Tribune would have given the standard backing of a broadcaster reaching 60 percent of the U.S., but the entire industry is now heavily invested in ATSC 3.0, said broadcasters, industry officials and lawyers. Sinclair’s plans for the new standard predate its plan to buy Tribune, said Mark Aitken, Sinclair vice president-advanced technology. “NextGen TV will move forward regardless,” said New America Wireless Future Program Director Michael Calabrese, a frequent opponent of 3.0.
The FCC Enforcement Bureau is quietly starting to clamp down on what some in the wireless industry see as a growing problem -- distribution of noncompliant Asian radios. The Land Mobile Communications Council was at the FCC earlier this year meetings on the problem, including with Commissioner Mike O’Rielly, Enforcement Bureau Chief Rosemary Harold and other Enforcement staff, LMCC members told us. LMCC in particular drew O'Rielly's attention (see 1806080056). Last week, the bureau issued a citation and order against Amcrest Industries for marketing a handheld radio that allegedly doesn’t comply with rules.
The solicitor general asked the Supreme Court not to review the merits of cert petitions appealing the U.S. Court of Appeals for the D.C. Circuit ruling that upheld the previous FCC's 2015 Title II Communications Act net neutrality order. Given the current FCC's January reversal order, the SG asked justices to grant cert but vacate the D.C. Circuit judgment and remand the 2015 order litigation with directions to declare related legal challenges moot, or to consider the effect of the 2018 order. Some thought the SG's request had a good chance.
Regulatory hurdles are the top hurdle for Energous, CEO Stephen Rizzone said of the company's wireless charging plans. Some of its products have gotten FCC OK (see 1804110034). Following Q2 results that included a slightly narrower net loss of $12.3 million as revenue fell 31 percent from the year-ago quarter to $205,773, shares closed 8.9 percent lower Thursday at $12.32.
Executives from the Center for Democracy and Technology and BSA|The Software Alliance agreed this week the U.S. needs federal privacy regulation. They said the ultimate goal should be international harmonization of privacy rules. Europe took an important step implementing the general data protection regulation, and now partners need to work toward international consensus on privacy, said BSA CEO Victoria Espinel on a scheduled weekend telecast of C-SPAN’s The Communicators.
Commissioners approved a radio incubator order 3-1 Thursday, with Commissioner Jessica Rosenworcel dissenting and calling the item “modest” and muddled. “There is nothing bold here,” she said. “I fail to see how it will make a material difference in the diversity of media ownership.” The final version of the order adhered to NAB’s positions on comparable markets and that ownership waivers be transferable, as expected (see 1807310072).
The FCC approved 4-0 rules for the nation’s first auction of high-band spectrum for 5G. Commissioners Jessica Rosenworcel and Mike O’Rielly raised questions about the approach. The commission will auction the 28 GHz band first, with an auction starting Nov. 14, with a 24 GHz auction to follow immediately. Members also approved a Further NPRM aimed at making additional high-band spectrum available for 5G.
The FCC adopted a one-touch, make-ready policy and other pole-attachment changes in a broadband infrastructure order and declaratory ruling approved 3-1 by commissioners at a Thursday meeting. The item also said the agency will pre-empt state and local legal barriers to deployment, including express and de facto moratoriums that prohibit entry or halt buildout. "No moratoriums. No moratoriums. Absolutely no moratoriums," said Commissioner Mike O'Rielly, who also noted some targeted edits to OTMR parts of a draft. Commissioner Jessica Rosenworcel agreed with OTMR in concept but partially dissented over "deficiencies in our analysis."
Apple is the latest tech interest to decry new U.S. tariffs related to intellectual property disagreements, and those recently proposed by the Trump administration on Chinese goods (see 1807260024 and 1807240031). Tariffs "show up as a tax on the consumer and wind up resulting in lower economic growth” that can sometimes bring about "significant risk of unintended consequences,” said CEO Tim Cook on a quarterly earnings call Tuesday after regular U.S. markets closed.
Pandora shares closed up 15 Wednesday at $7.73 following its earnings report after regular U.S. markets closed Tuesday showed double-digit growth in advertising and subscriptions. Analysts Wednesday hailed the results, still noting a long road to profitability and much competition. “With management struggling to fine-tune the strategy and a highly competitive environment where Spotify and Apple have clear momentum, we believe Pandora remains a long way from sustainable profitability,” said Dougherty & Co.'s Steven Frankel.