Doing away with the network nonduplication rule should be put on the back burner until the FCC first tackles possible changes to the totality of circumstances test and until the GAO has finished a proceeding on whether compulsory copyright licenses should be eliminated, NBCUniversal said in an ex parte filing posted Thursday in docket 10-71. Network nondupe protects against network programming duplication, helping preserve the value of programming and ensuring local broadcasters have the dual revenue stream of advertising revenue and retransmission consent fees that they rely upon, NBCUniversal said. The rule also "serves as an essential counterweight" to compulsory copyright licensing, giving a route for protecting nonduplication rights, and Congress has been clear that it sees value in the protections that come with the exclusivity rules, NBCUniversal said. "It is a hollow argument to suggest that the Commission's limited role in enforcing nonduplication protection is no longer needed because the parties can craft private remedies and then, in a separate and ongoing proceeding, proposed to eviscerate those same remedies," NBCUniversal said, pointing to the FCC's looking at changes to the totality of circumstances test. The filing recapped meetings between a variety of NBCUniversal executives and Commissioners Michael O'Rielly, Ajit Pai and Jessica Rosenworcel, and Commissioner Mignon Clyburn's chief of staff.
Doing away with the network nonduplication rule should be put on the back burner until the FCC first tackles possible changes to the totality of circumstances test and until the GAO has finished a proceeding on whether compulsory copyright licenses should be eliminated, NBCUniversal said in an ex parte filing posted Thursday in docket 10-71. Network nondupe protects against network programming duplication, helping preserve the value of programming and ensuring local broadcasters have the dual revenue stream of advertising revenue and retransmission consent fees that they rely upon, NBCUniversal said. The rule also "serves as an essential counterweight" to compulsory copyright licensing, giving a route for protecting nonduplication rights, and Congress has been clear that it sees value in the protections that come with the exclusivity rules, NBCUniversal said. "It is a hollow argument to suggest that the Commission's limited role in enforcing nonduplication protection is no longer needed because the parties can craft private remedies and then, in a separate and ongoing proceeding, proposed to eviscerate those same remedies," NBCUniversal said, pointing to the FCC's looking at changes to the totality of circumstances test. The filing recapped meetings between a variety of NBCUniversal executives and Commissioners Michael O'Rielly, Ajit Pai and Jessica Rosenworcel, and Commissioner Mignon Clyburn's chief of staff.
The Senate’s FCC reauthorization legislation hit a roadblock, at least for the moment, officials from the telecom and media industries told us. Senate Commerce Committee Chairman John Thune, R-S.D., first announced wanting to reauthorize the FCC at the start of this year. It hasn't been done since 1990. He produced an unreleased reauthorization draft in June that pulled together many of the FCC process overhaul and transparency measures found in legislation from Sen. Dean Heller, R-Nev.
The Senate’s FCC reauthorization legislation hit a roadblock, at least for the moment, officials from the telecom and media industries told us. Senate Commerce Committee Chairman John Thune, R-S.D., first announced wanting to reauthorize the FCC at the start of this year. It hasn't been done since 1990. He produced an unreleased reauthorization draft in June that pulled together many of the FCC process overhaul and transparency measures found in legislation from Sen. Dean Heller, R-Nev.
FCC Commissioner Ajit Pai is anxious about how little time remains this year to resolve the stand-alone broadband issue, he told us. FCC Chairman Tom Wheeler committed to Senate Commerce Committee Chairman John Thune, R-S.D., that the agency would find a way by the end of the year to provide USF support for telecom companies that offer only broadband service. Industry stakeholders, Wheeler and Pai have kicked around different ideas this year about how to best resolve the situation, with the solution still unclear.
FCC Commissioner Ajit Pai is anxious about how little time remains this year to resolve the stand-alone broadband issue, he told us. FCC Chairman Tom Wheeler committed to Senate Commerce Committee Chairman John Thune, R-S.D., that the agency would find a way by the end of the year to provide USF support for telecom companies that offer only broadband service. Industry stakeholders, Wheeler and Pai have kicked around different ideas this year about how to best resolve the situation, with the solution still unclear.
FCC broadband reclassification appears to be discouraging capital expenditures, said Hal Singer, a Progressive Policy Institute senior fellow. The capex of seven major telco and cable broadband providers declined by 12 percent in the first half of 2015 compared with the first half of 2014, said Singer, who gave a presentation Wednesday at an American Enterprise Institute event. "We saw $3.3 billion walk out the door,” he said. Singer suggested the rare capex drop was at least partially due to telco/cable ISP concerns about possible regulation under the commission’s March net neutrality order, which reclassified broadband Internet access as a Communications Act Title II telecom service. Commissioner Ajit Pai agreed “the FCC’s decision to capitulate to the president’s demands and impose Title II public utility regulation upon the Internet is playing a large role” in the investment decline.
FCC broadband reclassification appears to be discouraging capital expenditures, said Hal Singer, a Progressive Policy Institute senior fellow. The capex of seven major telco and cable broadband providers declined by 12 percent in the first half of 2015 compared with the first half of 2014, said Singer, who gave a presentation Wednesday at an American Enterprise Institute event. "We saw $3.3 billion walk out the door,” he said. Singer suggested the rare capex drop was at least partially due to telco/cable ISP concerns about possible regulation under the commission’s March net neutrality order, which reclassified broadband Internet access as a Communications Act Title II telecom service. Commissioner Ajit Pai agreed “the FCC’s decision to capitulate to the president’s demands and impose Title II public utility regulation upon the Internet is playing a large role” in the investment decline.
LAS VEGAS -- Wi-Fi advocates sounded a note of alarm about what they see as the threat from LTE-unlicensed, speaking to reporters on a call Tuesday, on the eve of the opening of CTIA’s annual conference Wednesday in Las Vegas. Dave Wright, advanced technologist at Ruckus Wireless, said on the call that “real-world” concerns remain about how well LTE-U and Wi-Fi would fit together.
LAS VEGAS -- Wi-Fi advocates sounded a note of alarm about what they see as the threat from LTE-unlicensed, speaking to reporters on a call Tuesday, on the eve of the opening of CTIA’s annual conference Wednesday in Las Vegas. Dave Wright, advanced technologist at Ruckus Wireless, said on the call that “real-world” concerns remain about how well LTE-U and Wi-Fi would fit together.