Wednesday saw no signs of progress on an agreement to end the impasse on border wall funding between Capitol Hill and President Donald Trump that led to a shutdown of parts of the federal government (see 1812210048). Trump and congressional Democrats weren't directly negotiating but staff-level discussions continue, Hill aides said. Congress is set to reconvene Thursday afternoon, but neither the House nor Senate had scheduled votes.
FCC approval Thursday of Gray Television buying Raycom without additional conditions is a positive sign for other broadcasters weighing deals (see 1812200065) but doesn’t shed much light on larger-scale deals such as Nexstar/Tribune, said attorneys, broadcasters and analysts in interviews the following day. “It provides cautious optimism,” said Patrick Communications media broker Gregory Guy. Staff OK is a sign Sinclair/Tribune’s dissolution didn’t stem from “a fundamental change” at DOJ or the FCC, he said.
Despite heightened local opposition (see 1812170043), the FCC likely won't retreat from its plan to make it harder for local franchise authorities to get cable operators to provide extra services and carry public, educational and government programming, predicted those on both sides of the LFA issue. Those obligations have been in addition to fees LFAs collect from cable, with the amount as much as 5 percent of cable-TV providers' video revenue. Stakeholders expect the commission will make it tougher for local governments to get extras from cable providers without having to deduct those perquisites from the federal 5 percent cap. No immediate action is expected and it's thought staff aren't close to any final decisions.
Litigation looms over a lengthy FCC jurisdictional separations freeze despite buy-in from key state regulators. Critics plan a court challenge to a Dec. 17 order extending the freeze on rules allocating most regulated costs to intrastate rather than interstate services, which they say eases illegal cross-subsidies. “We’re going to definitely appeal," said Bruce Kushnick, New Networks Institute executive director. Commissioner Mike O'Rielly, chairman of a federal-state joint board on separations, and others said the rules are becoming less relevant, applying to fewer carriers.
The American Cable Association challenged C-Band Alliance math in CBA's plan that as of last week includes launching eight more satellites (see 1812190048). And the association of small and mid-size carriers wants more spectrum cleared for broadband wireless use than the alliance plans. The alliance countered the criticism, and has said its sale could make 200 MHz available. The filings were posted Friday in docket 18-122.
With tough choices looming, FCC officials don't appear to have decided on rules or other actions stemming from a proposal to bar use of USF money to make purchases from companies that “pose a national security threat” to U.S. communications networks or the communications supply chain. Industry officials said supply chain issues are expected to be a focus at CES Jan. 8-11 in Las Vegas.
Early results of the first nationwide test of the wireless emergency alert system show “uneven” reception, the FCC Public Safety Bureau found from the October test of WEA and the emergency alert system (see 1810030051). Friday's public notice had more details for the EAS test, which wasn't a first, than for the WEA one because wireless test reporting isn't required, unlike for EAS. After surveying emergency communications representatives for most states and national industry associations, we found that officials, too, had better success with EAS tests. The report also squared with government predictions.
The federal government appeared Friday evening to be on the verge of a partial shutdown due to disagreement between the Senate and president and a supportive House majority over the inclusion of $5 billion in border wall funding in a continuing resolution to temporarily fund government through Feb. 8. A CR set to expire at midnight Friday covers funding for the FCC, FTC and the departments of Commerce and Homeland Security and others.
This week’s revelations about Facebook’s alleged data abuse (see 1812190039) spurred bipartisan fervor for addressing privacy issues in 2019. Incoming leadership for the Senate Commerce Committee, where the chamber’s privacy debate has centered (see 1812070039), told us to expect data privacy in the spotlight, with additional hearings.
The FCC should revise must-vote rules, limit participation of bureau staff in advisory committees, allow commissioners to offer amendments during open meetings, establish mandatory sunsets for rules and change many other procedures, Commissioner Mike O’Rielly blogged Thursday listing 61 proposed revisions. “It's now time to publicly release these medium, small, and tiny, mostly non-mutually exclusive ideas, and have each produce feedback on its merits or pitfalls,” O’Rielly said in a brief introductory paragraph to his proposed list, which doesn’t offer detailed explanation of proposals. Though he lists a six items as partially implemented. An aide told us there’s no “concrete timeline” for enacting any of them though they have been raised with the office of Chairman Ajit Pai.