It’s worth Congress considering a merger moratorium, House Antitrust Subcommittee Chairman David Cicilline, D-R.I., told reporters after raising concerns about Google buying Fitbit at a hearing Wednesday (see 1911080062). Cicilline said FTC Chairman Joe Simons and DOJ Antitrust Division Chief Makan Delrahim were more supportive of the idea during testimony than he anticipated. A lot can be done short of a moratorium, Delrahim said, but it’s possible to explore burdens of proof for companies that control large market shares.
Beyond whatever steps the FCC takes to open up the C band to other uses, spectrum issues will become more complicated and challenging, and incentive mechanisms are needed for incumbents, said Office of Economics and Analytics acting Chief Giulia McHenry at an FCBA CLE Tuesday evening. For auctions, take the prohibited communications rule very seriously, said Jonathan Cohen of Wilkinson Barker, who when at the FCC co-wrote rules for the agency's first spectrum auctions. "It would be a death sentence" for a lawyer to be a conduit for prohibited information, he said.
House Communications Subcommittee Chairman Mike Doyle, D-Pa., returned Tuesday from that chamber's week-plus recess brimming with optimism about pending subcommittee progress on telecom priorities, before a planned Thursday subcommittee markup of his Television Viewer Protection Act (HR-5035) and eight other measures. The markup will have a bipartisan flavor and “it wouldn't surprise me” if the subcommittee clears all nine measures on voice votes, Doyle said. The meeting begins at 11:30 a.m. in 2123 Rayburn.
Supreme Court justices seemed skeptical Wednesday of Comcast and solicitor general assertions about but-for causation needing to be proved when stating a claim under Section 1981 of federal anti-discrimination law. A decision is likely in about three months, Erwin Chemerinsky, outside counsel for respondents Entertainment Studios and the National Association of African American Owned Media, told us after oral argument in the docket 18-1171 case. Outside the courthouse there was a protest that tried to tie Comcast's treatment of ES/NAAAOM to the cabler's dropping Starz from its Premium tier.
House and Senate Commerce committee efforts to advance Satellite Television Extension and Localism Act reauthorization legislation appeared to be going in different directions Wednesday. Senate Commerce Chairman Roger Wicker, R-Miss., pulled his STELA bill, the Satellite Television Access Reauthorization Act (S-2789), from a committee markup. Several lobbyists cited a revolt by some Democratic and Republican members as the reason for the postponement. House Communications Subcommittee Chairman Mike Doyle, D-Pa., appeared on the verge of advancing his renewal measure, the Television Viewer Protection Act (HR-5035), during a planned Thursday markup. STELA is currently set to expire Dec. 31.
The FCC's likely to approve a draft order Nov. 22 requiring carriers identify the vertical axis of wireless calls to 911. Many questions are expected when commissioners vote. The FCC's proposing to mandate 3-meter z-axis 911 location accuracy starting in April 2021. Public safety is divided. Carriers are concerned whether industry can meet the timetable. They have been relatively quiet, however, FCC officials said.
Disney Plus got a reality check Tuesday morning when Twitter lit up with disgruntled customers reporting service fails on the first day of its highly publicized launch. Disney Plus, aggressively affordable at $6.99 per month -- $12.99 in a bundle with ESPN Plus and Hulu -- went live Tuesday. It promises streaming access at launch to nearly 500 films, 7,500 TV episodes and other content.
Senate Commerce Committee members teed up at least 11 amendments to the Satellite Television Access Reauthorization Act (S-2789) for committee consideration during its Wednesday executive session, amid some lawmakers’ displeasure with the existing measure. S-2789 would extend the Satellite Television Extension and Localism Act through 2024 (see 1911060043). The deadline for senators to submit amendments expired Friday. Communications lobbyists told us they continue hearing chatter about additional language. Some expect Chairman Roger Wicker, R-Miss., to agree to a compromise manager's amendment Tuesday night that would include text from other senators' proposals. The meeting begins at 10 a.m. in G50 Dirksen.
The Senate Intelligence Committee's “not planning” an open hearing on USA Patriot Act Section 215, Chairman Richard Burr, R-N.C., told us. That's despite requests from Democratic members Ron Wyden, Ore., and Martin Heinrich, N.M. (see 1911060045).
The FCC must take caution not to disrupt critical infrastructure as it opens the 6 GHz band to unlicensed users, said two state utility commissioners in support of a proposed NARUC resolution. State commissioners plan to vote on the 6 GHz statement at their meeting next week in San Antonio (see 1911050040). Senators and wireless carriers are also warning the FCC.