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FCC Meeting

Statement of Commissioner Mignon Clyburn: FCC Majority’s Assault on Pro-Consumer Policies Continues

On Nov 16, the Federal Communications Commission majority will continue down its destructive path of adopting a series of actions that fail to put consumers first. They will make it more difficult for low-income Americans to access affordable communications services; they will adopt a so-called ‘voluntary’ television standard that has even more outstanding and unanswered questions than the February Notice of Proposed Rulemaking; they will shred consumer and competition protections in times of technology transitions; and they will open the door to massive media consolidation at the expense of localism, competition, and viewpoint diversity.

The FCC is having a terrible month, and consumers will pay the price

[Commentary] Federal Communications Commission Chairman Ajit Pai is setting a record pace for deregulating the communications industries. Believe it or not, things are about to get worse in Nov. Starting with the FCC’s open meeting on Nov 16, the agency is poised to approve or propose no fewer than four decisions that will deregulate consolidated industries, remove consumer protections, and widen the digital divide. If you are a supporter of fast, fair, open, and affordable networks, November will be a bad month. And December will be, too. So, keep calling your representatives and senators and tell them that you oppose pretty much everything this FCC is doing. [Gigi Sohn]

Communications and Democracy

AG Sessions: We’re investigating 27 leaks of classified information (CNN)

RTDNA Expresses Concern that AG Session Again Refuses to Say He Won’t Go After Journalists

President Trump, back from Asia, knocks ‘loser’ CNN

Sen Cardin Calls for Hearing on Trump Jr.’s Contact with Wikileaks

Ownership

Senators Call for Impartial Investigation into Potential Quid Pro Quo between Chairman Ajit Pai, Trump Administration, and Sinclair Broadcasting

Sens Maria Cantwell (D-WA), Tom Udall (D-NM), and 13 of their Senate colleagues are requesting the inspector general of the Federal Communications Commission (FCC) open an investigation into the objectivity and impartiality of the FCC’s review of the proposed merger of Sinclair Broadcasting and Tribune Media.

Sinclair Deal Debated On Hill

Sinclair/Tribune deal friends and foes clashed on Capitol Hill Nov 15 at a debate and panel session hosted by the Georgetown Law’s Institute for Technology Law & Policy. The forum did not break a lot of new ground, but there was some scorched earth, particularly when the issue of shared services and joint sales agreements came up. Benton Senior Counselor at the Public Interest Communications Law Project at Georgetown University Law Center’s Institute for Public Representation (IPR) Andrew Schwartzman suggested they were an end run around ownership rules and a "disgrace." Sinclair fans suggested that if they skirted the FCC rules, why did the FCC issue guidance on how to set them up. Because FCC staffers have been in the pocket of broadcasters for decades, Schwartzman shot back, to some audible breath-catching.

Fewer Voices In Our Communities: The FCC Supports More Media Ownership Consolidation

Reps Conyers Jr., Cicilline push for hearing on Trump’s involvement in AT&T-Time Warner merger

Two top House Judiciary Committee Democratic Reps are pushing the panel to hold a hearing examining the White House’s role in the “troubling pattern of potential political interference by President Trump” in the Department of Justice’s (DOJ) review of AT&T’s merger with Time Warner. DOJ sources recently said that antitrust officials had rejected an offer from AT&T to divest from CNN in order to win approval for the $85 billion deal. AT&T officials flatly denied that the offer was ever on the table — or would be. Ranking Member John Conyers Jr.

Why a DOJ vs. AT&T-Time Warner Case Could Be a Close Call

If the Justice Department sues to block AT&T’s planned acquisition of Time Warner, the challenge will likely raise novel legal issues, making one of the most ambitious antitrust cases in decades hard to handicap. In the typical merger case, the government challenges a proposed combination of two companies that directly compete. But the proposed AT&T-Time Warner deal is a so-called vertical merger of complementary businesses: AT&T’s cable, wireless and satellite distribution with Time Warner’s popular content, including its offerings on HBO and Turner networks like CNN, TBS and TNT.

CWA Backs AT&T-Time Warner

Don’t Fall for AT&T’s Billion-Dollar Swindle

Meredith Bid for Time Said to Be Backed by Koch Brothers

Time is said to be in talks to sell itself to the Meredith, in a deal backed by Charles G. and David H. Koch, the billionaire brothers known for supporting conservative causes. The new round of negotiations, motivated by the surprise entry of the Kochs, could lead to a quick deal. The Kochs have tentatively agreed to back Meredith’s offer with an equity injection of more than $500 million. The companies have been negotiating over the past several days, and Meredith is reviewing the latest Time Inc. financial information. Although it is unclear whether the proposed deal will reach fruition, both sides hope to move quickly enough to be able to announce a transaction soon after Thanksgiving.

Telecom/Internet

Senators Send Letter to FCC Chairman Pai Raising Concerns Over Proposed Rule That Could Harm Rural Americans Who Depend on Landline Service

A group of Democratic senators sent a letter to Federal Communications Commission Chairman Ajit Pai raising concerns about a proposed rule that could harm rural consumers by undermining existing protections for landline service.The Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure and Investment Report and Order lessens notifications to consumers about changes to their landline service (virtually eliminating advance notice of copper retirement to retail customers), eliminates rules put in place to protect consumers, and changes the definition of “service” to reduce access to critical communications for consumers. “Households and businesses in our states, and across the country, cannot afford the disruption of having service altered without adequate advance notice, the assurance that an equivalent replacement exists, and a clear understanding of how to obtain and use the replacement,” the Sens wrote.

Rep Pallone Demands FCC Take Action to Prevent Abuse of High-Cost Fund

House Commerce Committee Ranking Member Frank Pallone, Jr. (D-NJ) sent a letter to Federal Communications Commission Chairman Ajit Pai today urging the FCC to take immediate action to protect the High-Cost Fund against flagrant abuse of federal funds. The issue first came into focus as part of an investigation Pallone began into how the High-Cost program operates following several high-profile abuses of the program.  As part of that inquiry, the FCC’s Office of the Inspector General found that it does not have capacity nor the capability to ferret out all of the abuse taking place in the program.  The Government Accountability Office (GAO) will soon begin a full review of the High-Cost program following  Pallone’s inquiry.

Proposed Lifeline Reforms a Mixed Bag, Still Ignore Real Issues

[Commentary] Federal Communications Commission Chairman Ajit Pai contends his proposed reforms to the Lifeline program will “more effectively and efficiently help close the digital divide by directing Lifeline funds to the areas where they are most needed.” Opponents, however, believe the proposed changes “will gut the program and continue to widen the digital divide.” The likely outcome, if the proposal is enacted as currently written, will be somewhere in between. Some of these proposed reforms are important, positive steps that will improve the Lifeline program’s efficiency. Some are unlikely to lead to any benefits and may yield net costs.

Pressure grows on FCC to kill state consumer protection laws

Mobile industry lobby group CTIA urged the Federal Communications Commission to preempt state laws on privacy and network neutrality in a recent meeting and filing. Comcast and Verizon had already asked the FCC to preempt such laws; CTIA represents AT&T, Verizon, T-Mobile USA, Sprint, and other mobile companies. Carriers are urging the FCC to preempt states in the same regulatory proceeding that FCC Chairman Ajit Pai started in order to overturn the commission’s net neutrality rules. Pai’s proposal to eliminate net neutrality rules could be passed as soon as Dec—if carriers get their way, that same order will prevent states from imposing their own laws. "Earlier this year, legislators in various states attempted to countermand Congressional action on broadband privacy regulations," CTIA complained, referring to Congress’ vote to eliminate consumer privacy protections.

Broadcasting

Broadcasters are having a blockbuster year at the FCC

A big year of wins for the broadcasting industry is about to get even bigger with a pair of votes at the Federal Communications Commission on Nov 16. One proposal would lift rules that say one company can’t own a television station and a newspaper in the same market and a similar rule for owning both radio and television stations in a market. It would also allow the FCC to waive a prohibition against owning two of the top television stations in a market on a case-by-case basis. A second proposal will approve a new technical standard that allows broadcasters to track their viewers in much the same way web services like Google or Facebook track users, and use that information to target them with ads. It’ll be an early holiday gift for an industry that’s already having a pretty good year in Washington. Local television affiliates remain a popular way for many Americans to get their news.

via Axios
Privacy

Sen Leahy Introduces The Consumer Privacy Protection Act

The Brutal Fight to Mine Your Data and Sell It to Your Boss (Bloomberg)

Journalism

Did technology kill the truth?

[Commentatry] We exist in a time when technological capabilities and economic incentives have combined to attack truth and weaken trust. It is not an act of pre-planned perdition. Unchecked, however, it will have the same effect. The broader question is how to deal with the exploitation of the Web as a vehicle for de-democratizing communities fueled by fact-free untruth? I would argue that it was software algorithms that put us in this situation, and it is software algorithms that can get us out of it. It is time for algorithms to start playing both sides of the street. An algorithm is like a recipe describing how to combine various inputs to produce the desired output. My friend and Harvard colleague Wael Ghonim has called for these inputs and outputs to be opened to the public through the common software practice of an open API.

New research: Small-market newspapers in the digital age

We embarked on our research with a relatively simple yet ambitious research question: How are small-market newspapers responding to digital disruption? 

He said he was a Washington Post reporter offering a reward for dirt on Roy Moore. It wasn’t true.

A pastor in Alabama said he received a voice mail Nov 14 from a man falsely claiming to be a reporter with The Washington Post and seeking women “willing to make damaging remarks” about Republican Senate candidate Roy Moore in exchange for money.  The call came days after The Post reported on allegations that Moore initiated a sexual encounter with a 14-year-old girl nearly four decades ago, sparking calls by leading Republicans for him to abandon his campaign for the U.S. Senate in a special election to be held Dec. 12. Pastor Al Moore of Creola (AL) said he received the call on his cellphone a little after 7 a.m. Nov 14 from a private number, which he did not answer. The caller, claiming to be “Bernie Bernstein,” left a 27-second voice mail, which Moore played for local CBS affiliate WKRG.