Matt Daneman

The danger that zero-rating services provide an incomplete online experience is outweighed by the digital divide-bridging benefits enjoyed by low-income households and people of color from that free data, said the Multicultural Media, Telecom and Internet Council Monday as MMTC unveiled a white paper. "When you hear people saying free data will create a walled garden, when you don't have grass, a walled garden sounds pretty nice," MMTC President Kim Keenan said during a news conference. "People's budgets are real. For us to act like [that issue] doesn't exist is to shut our eyes that there will be people who can't afford to be part of the digital future."

Net neutrality rules upheld Tuesday by a U.S. Court of Appeals for the D.C. Circuit panel (see 1606140023) don't materially affect how ISPs operate, but there is fear the Title II Communications Act classification of broadband opens the doors to numerous other FCC regulations, cable ISPs and others told us. "With the degree of control and oversight the FCC has under Title II, there might be all kinds of regulations," said Tom Simmons, Midcontinent Communications chief of staff. Cable consultant Steve Effros agreed the FCC, backed by the ruling upholding broadband as a Title II telecom service, "can do a whole lot of things, including total rate regulation."

Suing in U.S. District Court is automatically the wrong route since it has no jurisdiction over FCC actions, the agency said in a motion to dismiss filed in U.S. District Court in Los Angeles against complaints of Entertainment Studios Networks (ESN) and the National Association of African American Owned Media (NAAAOM). In a sister motion to dismiss also filed Thursday with the court (see here and here, in Pacer), Charter called the $10 billion ESN/NAAAOM discrimination complaint that also targeted the FCC (see 1601280063) "a scam." The company said plaintiffs failed to show any discriminatory intent in the decision not to carry ESN programming.

The push for skinnier bundles will see weaker channels increasingly dropped from multichannel video programming distributor lineups -- often with the assent of the programmers behind those channels, said NBCUniversal CEO Stephen Burke during a Guggenheim Securities symposium. Burke said he expects increased horse trading of channels with MVPDs -- agreeing to the dropping of one channel in exchange for a guarantee for continued carriage of another -- as a trend. The conference Tuesday was webcast from New York.

Before cable operators can replace paper communications with electronic ones, a host of cable subscriber safeguards are needed, mainly an opt-in option, some local government commenters said in docket 16-126. Friday was the deadline for replies to the NCTA/American Cable Association petition for declaratory ruling that would allow cable operators to send required notices or written information through email to subscribers for whom the operator has a confirmed email address (see 1603080052). One lawyer representing a filer in the proceeding told us the FCC could take up the petition as soon as this fall, if only to give the commissioners a topic that could result in a 5-0 decision.

The FCC's broadband overbuild condition put on Charter Communications' buys of Time Warner Cable and Bright House Networks is under fire in the form of multiple petitions to reconsider filed Friday in docket 15-149. One, from American Cable Association, seems aimed at challenging the agency in court after administrative options are exhausted, multiple cable industry lawyers told us Friday. One of the preparers of the ACA petition is Jeffrey Lamken of MoloLamken, who specializes in appellate practice. "We made a strong compelling case the FCC likely didn't consider fully its adoption of the order and are hopeful the FCC will consider," ACA Senior Vice President-Government Affairs Ross Lieberman said. "If not, we will decide what to do next, if anything. All options are on the table." The FCC and Charter didn't comment.

Satellite operators are launching opposition to using the 12.2-12.7 GHz spectrum for two-way mobile broadband, as sought by Dish Network and other multichannel video distribution and data service (MVDDS) spectrum licensees (see 1604260068). SES in an FCC filing Thursday in RM-11768 said it was "alarmed by the prospect that the sharing scenario ... painstakingly developed to permit MVDDS to operate without causing interference to satellite networks could be radically changed." OneWeb Vice President Kalpak Gude told us Thursday that arguments by the MVDDS 5G Coalition that other spectrum is available for its planned fixed satellite service (FSS) operations "reflects a misunderstanding of how satellites use spectrum. Our system very much needs the Ku spectrum at issue and our system was designed under the current rules. The MVDDS petition does not recognize the interest and investment in [non-geostationary satellite (NGSO)] networks, much less explain how they would share with [geostationary] systems."

Seeking alternative distribution method (ADM) language in carriage negotiations isn't the same as demanding ownership interest, said Comcast in an answer to Liberman Broadcasting's carriage complaint against it, to be posted in docket 16-121. Comcast also said Liberman isn't a video programming vendor (VPV) and thus has no standing to bring a carriage complaint; and the Liberman complaint is time-barred anyway. The complaint, filed in April, is seen facing tough odds of success (see 1604080013). If the FCC accepted its arguments, broadcasters would end up getting "two bites at the apple" in negotiations, one lawyer with cable clients told us, saying it would have been better served to file a good-faith negotiation complaint, though that would be tough to prove. Liberman's reply is due June 27.

Ligado put a potential number, 15 dBW, on what kind of equivalent isotropically radiated power (EIRP) power limits it might end up using for its "left-hand" downlink spectrum to protect certified aviation GPS devices from potential interference from its planned terrestrial LTE network, the company said in reply comments posted Tuesday in docket 11-109. That limit is still being hammered out with the Federal Aviation Administration, with the company previously having committed to operate at whatever levels the FAA says are required to safeguard aviation, Ligado counsel Gerry Waldron of Covington and Burling told us Tuesday. Monday was the deadline for oppositions to its modification applications, with replies due June 16.

The lobbying on the draft order for Globalstar's planned broadband terrestrial low-power service (TLPS) has intensified in recent days at the FCC, according to ex parte filings in docket 13-213. The order on circulation is finding somewhat rocky soil at the agency, with "no" votes from Commissioners Ajit Pai and Jessica Rosenworcel (see 1606030041). Globalstar didn't comment Tuesday.