Monty Tayloe

The U.S. Court of Appeals for the D.C. Circuit granted a request for expedited proceedings in the appeal by Class A broadcasters Videohouse, Fifth Street Enterprises and WMTM of an FCC reconsideration order excluding them from the incentive auction, the D.C. Circuit said in an order issued Tuesday. Though the court did issue an expedited briefing schedule, the proceeding won't be completed before the incentive auction starts, as the petitioners had requested, the order said. That court challenge of the auction comes alongside a request that the auction be stayed filed Monday by Class A broadcaster Latina Broadcasters, which was also removed from the auction by the same recon order. The FCC might actually welcome such a stay based on pleadings it has filed in the Class A proceeding, said Fletcher Heald broadcast attorneys Harry Cole and Ashley Ludlow in a pair of blog posts this week.

The member stations of America's Public Television Stations -- changing its name from the Association of Public Television Stations -- voted at an APTS meeting Monday to "commit in principle" to allocating some of their spectrum to first responders as part of FirstNet. The vote to change the organization's name took place at the same summit, along with remarks by NAB CEO Gordon Smith and a panel discussion on the incentive auction by FCC staff. Unlike the name change vote, the vote on committing spectrum to FirstNet received considerable pushback from member station representatives at the event, and in response, the language of that commitment was changed to clarify that it isn't binding. "It was a really good discussion that clarified what we're committing to," said APTS CEO Patrick Butler in an interview.

The FCC voted 3-2 Thursday to launch a rulemaking (see 1602160072) seeking comment on numerous changes to set-top box rules intended to make it easier for third parties to build and sell retail set tops that can access pay-TV content. Commissioners Ajit Pai and Mike O’Rielly as expected (see 1601280066) opposed the proposal, which they said was “slanted” and an unnecessary regulatory intrusion. “I’m confident that most consumers would rather eliminate the set-top box altogether,” Pai said.

The FCC voted 4-1 to allocate responsibility for closed captioning complaints between video programming distributors and programmers, during Thursday's commission meeting. Commissioner Mike O'Rielly dissented in part and concurred in part; Commissioner Ajit Pai approved in part and concurred in part. The order, as expected (see 1602170055), apportions responsibility for captions to programmers and VPDs based on what parts of the captioning process they control. It requires programmers to certify they're in compliance with captioning rules and creates a "compliance ladder" that will allow captioning problems to be addressed outside of Enforcement Bureau action, said a Consumer and Governmental Affairs Bureau news release .

The FCC will vote to approve a draft order Thursday that would divide responsibility between programmers and video programming distributors (VPDs) for delivering closed captioning on video programming, said industry and FCC officials in interviews Wednesday. The draft apportions responsibility to programmers over the objections of content companies such as Viacom and CBS , and concerns expressed by consumer protection groups for the hearing impaired, such as Telecommunications for the Deaf and Hard of Hearing (TDI).

The FCC's upcoming NPRM on proposed changes to the set-top box market could compromise existing copyright law, said NCTA President Michael Powell Tuesday in a media call hosted by NPRM opponent The Future of TV Coalition. Copyright attorneys told us laws such as the Digital Millennium Copyright Act could protect multichannel video programming distributors from many concerns they've raised about third-party set-top boxes. Powell said the FCC proposal would “tinker” with copyright protections, which is outside FCC jurisdiction.

A flood of programmers, consumer groups and industry associations filed into the FCC in recent days to lobby commissioners and their staff (see 1602110055) on a controversial set-top box NPRM ahead of the sunshine notice deadline for Thursday's meeting. The FCC proposal is intended to make it easier for consumers to buy retail set-tops instead of leasing them from pay-TV companies. The documents were posted Thursday and Friday in docket 15-64. They come from groups that don't always lobby the agency, and/or top officials at those groups that don't often personally visit the eighth floor.

The FCC blocked three Class A broadcasters from participating in or receiving repacking protection during the incentive auction and disqualified an additional Class A broadcaster as expected, in a recon order issued Friday (see 1602090060). The order was approved 3-2, with Commissioner Ajit Pai dissenting and Commissioner Mike O’Rielly dissenting in part. The recon petition from Fifth Street Enterprises, Videohouse and WMTM was denied as being procedurally improper and because participation in the auction is up the FCC's discretion, said the recon order. Latina Broadcasters’ WDYB Daytona Beach, Florida, had been listed as included in the auction, but the FCC decided Latina missed the 2012 deadline to file for Class A status just as the other broadcasters did, the recon order said. The broadcasters behind the recon petition didn't file for Class A status in time for the 2012 deadline (see 1601250060) that was required for stations to be eligible for the incentive auction. Latina did file for Class A status in time but allowed the underlying construction permits to expire, and then filed a low-power TV application instead of a Class A one. That means Latina wasn't pursuing Class A status by the deadline, the recon order said. The decision to remove protection while maintaining it for a similarly situated Class A station which is included in the auction, is "utterly indefensible," said Pai in his dissent. "It is impossible to reconcile the Commission's ostensible support for promoting diversity with such shabby treatment of one of the few television stations owned by a Hispanic woman.”

FCC actions on inmate phone service rates demonstrated the power a single commissioner can wield on the FCC, said Commissioner Mignon Clyburn in an interview for C-SPAN’s The Communicators, scheduled for telecast Saturday. She defended parts of the upcoming set-top box NPRM after shown clips of NCTA CEO Michael Powell slamming it on a recent Communicators episode. Clyburn also backed the Lifeline program.

The NAB is concerned that the FCC's set-top box proposals could threaten broadcaster control over their content and copyright, said NAB President Gordon Smith in an interview on C-SPAN's Communicators scheduled for telecast Feb. 20. If the FCC proposals for set-top boxes become rules, tech companies such as Google could become “gatekeepers,” Smith said.