Two regional cable installation firms with which Comcast didn't contract make "only conclusory and irrelevant assertions and invective" in their claims it opted not to use them because of their white ownership and because Comcast colluded with two other firms that did make the cut, the cable operator said in a docket 18-2316 brief (in Pacer) last week with 3rd U.S. Circuit Court of Appeals. It said plaintiffs Cable Line and McLaughlin Communications don't plausibly allege anticompetitive agreement among the defendants, and the argument Comcast ceased doing business with them because of the owners' race "is devoid of substance." Comcast and the defendant-appellee installation companies "clearly had an agreement," since Comcast had no legitimate business purpose to shut out other installation companies, destroying competition, the plaintiff-appellants said in their brief (in Pacer) in September. They said they were never given an opportunity for discovery.
U.S. District Court in Chicago wrongly dismissed Viamedia's refusal-to-deal claim vs. Comcast (see 1808210001) with an "overly demanding test," the American Antitrust Institute (AIA) and Public Knowledge said in a docket 18-2852 amicus brief (in Pacer). Filed last week with the 7th U.S. Circuit Court of Appeals, AIA/PK said Comcast needs to prove, not just posit, its alleged pro-competition justification for not renewing spot advertising sale interconnect agreements with Viamedia. They said the court was overly demanding in standards for Viamedia to avoid summary judgment on its antitrust claim when it demanded evidence tending to exclude the possibility a defendant engaged in lawful conduct. Comcast outside counsel didn't comment Monday.
NCTA continues to meet eighth-floor staffers about a possible clarification to rules on how certain notices are provided to subscribers, meeting with an aide to Commissioner Jessica Rosenworcel, said a docket 17-317 posting Monday. That meeting included executives from Charter Communications and Comcast. It follows a similar meeting with Chairman Ajit Pai's office (see 1811010047).
Localities are raising red flags about the FCC Further NPRM approved in September that would treat cable operators' in-kind contributions required by local franchise authorities as franchise fees and subject to a cap (see 1809250017). The FNPRM "threatens to limit or eliminate public, educational and government access channels all meant to better help inform and empower the public" through smaller franchise fee payments, Oakdale said in a docket 05-311 posting Monday. Malibu and Colma, California, were among the many sending nearly identical letters. With some cable operator expenses like institutional network capacity costs and access channel costs passed along to subscribers, letting those MVPDs deduct the fair-market value of those costs from their franchise fees would essentially let them double-recover, giving them a windfall, the Massachusetts Municipal Association said. MMA said the proposal could hurt PEG channel access because municipalities would be forced to move resources from other areas to PEG programming or see the scope of the channels reduced or eliminated. It said letting operators install equipment for non-cable services such as small cells in rights of way without local regulation or compensation would also be a windfall at taxpayers' expense.
Media Bureau waivers of FCC rules requiring accessibility of user interfaces on navigation devices for some small and mid-sized MVPDs is "very welcome" since those systems would have racked up $100,000-plus to comply, the American Cable Association said Monday. Those expenses could have forced operators out of business, driving up customers' monthly bills in others, ACA said. The bureau's Friday waiver order said the limited circumstances waivers will provide relief to small cable systems that can't do the network upgrades, and the limited nature of the waivers -- covering only cable systems subject to the Dec. 20 deferred compliance deadline -- also justifies the waivers. In a public notice Monday, the bureau reminded entities not covered by the waver that the two-year deferred compliance deadline is Dec. 20.
The FCC should clarify cable operators can give subscribers written notice directing them to websites where some required information like rate cards and channel lineups can be found, NCTA, Comcast and Charter Communications representatives urged an aide to Chairman Ajit Pai, recounted a docket 17-317 posting Thursday. The cable interests pushed the agency to allow flexibility in electronically providing mandatory notifications.
With Jaguar Communications and KSMQ Public Service Media resolving a carriage dispute for Jaguar's cable system, the FCC Media Bureau said Tuesday it approved KSMQ withdrawing July's must-carry complaint. It terminated the docket 18-215 proceeding. KSMQ-TV is licensed to Austin, Minnesota.
Perhaps the biggest debate on cable among investors is how much 5G could threaten the industry's broadband market share, a longtime analyst said in a video released Tuesday by Citigroup. It's “a more uncertain environment than it's been” for the industry, said Jason Bazinet. Part of that is how far 5G from small cells will propagate through structures, he told an audience: 1,500 feet as some including in cable think or 3,000 feet as 5G "bulls" expect. The answer "makes a world of difference in terms of whether or not this is real," Bazinet said, because the shorter distance means about 20 percent of Americans can get in-home 5G over wireless networks v. 60 over the longer distance. "It may in fact be a wireless technology that dismantles the cable industry." Adding to uncertainty is whether T-Mobile and Sprint succeed in combining (see 1810310051) and building such a product, since Verizon is the only other major U.S. carrier that says it will do in-home fixed 5G. In a 5G-bullish outcome, "essentially, every single broadband net add is going to go to these networks, and cable stocks are done," the analyst said. "This big tent that the cable industry built because of that big, fat coaxial wire is now really vulnerable," he said earlier: "Because if something goes wrong with the internet" product financial stability, "the whole house of cards comes crashing down." CTIA didn't reply to queries Wednesday and NCTA declined to comment.
Harmonic saw Q3 Ultra HD sales increase 138 percent sequentially, said CEO Patrick Harshman on a Monday-evening earnings call. It was “particularly impressive” because such Q2 sales were up 200 percent year-over-year, he said: “We’re well positioned to take advantage of growing worldwide interest in deploying and monetizing high-quality ultra high-definition programming.”
The 2nd U.S. Circuit Court of Appeals' February decision on TVEyes (see 1802270025) is a simple application of copyright law and doesn't implicate any Circuit Court split or involve unsettled questions of federal law, Fox News Network said Wednesday in a Supreme Court docket 18-321 brief opposing TVEyes' petition for writ of certiorari (see 1809120044). It said TVEyes' disagreement with part of the court's finding "does not begin to warrant this Court's attention."