Monty Tayloe

The FCC’s proposed release of confidential contract documents as part of its review of the AT&T/DirecTV and Comcast/Time Warner Cable deals was aggressively questioned by a three-judge panel during oral argument at the U.S. Court of Appeals for the D.C. Circuit Friday. “Why does the commission need it?” asked Judge David Tatel. “The FTC and the Justice Department, which also review mergers, do not require this material.” The oral argument, which took twice as long as scheduled, was in CBS et al. v. FCC, which is being closely watched by the communications bar (see 1502190053). The courtroom was standing room only.

Oral argument Friday in the U.S. Court of Appeals for the D.C. Circuit between content companies and the FCC over the release of confidential contract information in the FCC review of the Comcast/Time Warner Cable and AT&T/DirecTV deals isn’t expected to swing those deal proceedings’ results, said analysts and attorneys in interviews Thursday. Oral argument is of interest to investors and others following the transaction, though. There’s “some interest among investors in what the case means" for the deals, said Guggenheim Partners analyst Paul Gallant. “The case probably won’t drive the yes/no decision on the deals.”

Carriers will participate in the incentive auction and “bid hard” even if it's held close on the heels of the AWS-3 auction, said a white paper prepared by Kagan Media Appraisals at the behest of Expanding Opportunities for Broadcasters Coalition Executive Director Preston Padden. Rising wireless usage, competitive pressure and limited spectrum resources “should be irresistible drivers for the carriers to be there,” said the paper, "Can the FCC Attract a Full House for the 2016 Broadcast Incentive Auction?" by Kagan analyst Sharon Armbrust.

The FCC Media Bureau rolled out phase two of its new Licensing and Management System, which is to completely replace the FCC Consolidated Database System by late 2015 or early 2016, a Media Bureau official said (see 1410060028). Phase two focuses on low-power and Class A uses of CDBS, and beginning Feb. 23 those broadcasters and TV translators will be required to use the LMS to file applications for construction permits, licenses and amendments to pending construction permit and license applications, the bureau said in public notice Friday. Phase one of replacing CDBS transferred the filing for full-power TV construction permits and licenses to LMS.

That executives from four large broadcasters pledged in a meeting with FCC Chairman Tom Wheeler to help the commission hold a successful incentive auction “as quickly as possible” is seen as a positive sign for the auction. It's a possible reaction to NAB’s tactics and court challenge of the auction order, said broadcast attorneys in interviews Monday.

The FCC “roadshow” information sessions on the incentive auction kick off in Philadelphia Monday, and the commission released an updated version of its “Greenhill book” information package Friday to coincide with the beginning of the outreach effort. Along with using the AWS-3 auction as an illustration of auction success, the new information package lists opening bid information for every market for broadcasters relinquishing their spectrum -- the previous edition (see 1410020029) gave broadcasters their estimated auction value, senior FCC officials told reporters speaking on the condition of anonymity.

Proposed new net neutrality rules based on classifying the Internet as a Title II utility under the Communications Act look like they'll disproportionately burden smaller cable operators and leave cable ISPs open to blocking by leaving out edge providers and content companies, officials at several cable companies and American Cable Association President Matt Polka said in interviews Wednesday. FCC Chairman Tom Wheeler indicated in unveiling some details of the draft net neutrality order that day that forbearance will relieve many of the more burdensome aspects of Title II regulation (see 1502040055). But Polka said that might not immediately alleviate the rule's effect on cable operators. It also remains unclear how Title II rules will affect satellite broadband providers, industry officials said.

The FCC should reject a proposal that low-power TV stations be subject to mandatory channel sharing, said the Advanced Television Broadcasting Alliance (ATBA), NAB and others in reply comments filed in docket 03-185 in response to the FCC’s request for comment on proposals on the incentive auction’s effect on LPTV. “Coercing LPTV and translator stations into involuntary channel sharing arrangements to provide more white space channels” would be equivalent to “strip-mining” licensed stations for unlicensed uses, NAB said. Commenters also clashed over whether some LPTV stations should be allowed to use part of the FM band and whether the analog tuner requirement should be relaxed as the last stations transition to digital.

ITTA, NTCA and Comptel banded together as expected to launch a campaign opposing the Comcast/Time Warner Cable deal. The Don’t Comcast the Internet campaign brings together competing Internet, video and voice companies seeking an unconditional denial of Comcast/TWC by federal regulators, the associations said at a news conference Monday.

The FCC’s Downloadable Security Technological Advisory Committee doesn’t include a correct balance of views and excludes viewpoints important to the set-top box industry, said officials at some companies that aren't represented on the Satellite Television Extension and Localism Reauthorization Act-mandated body.