A former Office of the U.S. Trade Representative deputy predicted that the president of China and President Donald Trump would meet in the middle at the G-20 in Argentina, neither resolving the problems between the two countries nor declaring an impasse. He did not sound as confident that some kind of progress would be enough to halt the escalation in tariffs. "I think the signals from both countries are [that] they know this is an opportunity," Robert Holleyman said, as he opened a Nov. 28 Tariff Town Hall sponsored by tuna canneries. "I hope this gets us out of the current morass."
The 9th U.S. Circuit Court of Appeals should suspend review of Portland, Oregon's challenge to an FCC ban on local moratoriums of wireless infrastructure deployments, replied (in Pacer) the agency Wednesday in Portland v. FCC, No. 18-72689. Three petitions for reconsideration are at the commission on "issues identical to those presented here," the regulator noted: "Because resolution of the FCC’s reconsideration proceeding may limit or modify the needed scope of judicial review, the Court should grant the FCC’s motion for abeyance."
Video relay service providers pressed the FCC to pause interoperability obligations and let them serve VRS users while users' verification is pending through a telecom relay service user registration database. A "limited" waiver suspending temporarily implementation of a VRS Access Technology Reference Platform (VATRP App) and associated technical specifications (RUE Profile) is justified, given "diverging trends" and the absence of "any interoperability problem or consumer need," filed ASL Services (Global VRS), Convo Communications, CSDVRS (ZVRS), Purple Communications and Sorenson Communications on meeting staffers of the Consumer and Governmental Affairs Bureau and Office of Managing Director, Friday in docket 10-51. Even though providers have "successfully" addressed interoperability issues, the VATRP App and Rue Profile requirements "expanded beyond the original scope that the Commission conceived in 2013 as a testing tool for interoperability, adding new 'features' that providers must support, at the cost of millions to the [TRS] Fund and the Providers."
Connecticut’s Public Utilities Regulatory Authority ignored plain language of a 2013 state law when it ruled 2-0 in May "municipal gain" space on utility poles or underground ducts may not be used to provide muni broadband, said local governments and the Connecticut Office of Consumer Counsel (OCC) in briefs filed Wednesday at Connecticut Superior Court in docket HHB-CV-18-6045442-S. PURA’s ruling paused some muni broadband projects and is holding back access in underserved areas, OCC officials said in interviews.
Connecticut’s Public Utilities Regulatory Authority ignored plain language of a 2013 state law when it ruled 2-0 in May "municipal gain" space on utility poles or underground ducts may not be used to provide muni broadband, said local governments and the Connecticut Office of Consumer Counsel (OCC) in briefs filed Wednesday at Connecticut Superior Court in docket HHB-CV-18-6045442-S. PURA’s ruling paused some muni broadband projects and is holding back access in underserved areas, OCC officials said in interviews.
A First Amendment challenge of FCC kidvid rules could be successful yet politically fraught, broadcast attorneys told us, reacting to Commissioner Mike O'Rielly's remarks at a Media Institute event Wednesday evening. In a speech on First Amendment threats, O'Rielly cautioned opponents of the proceeding that they “might want to reconsider” opposing his deregulation effort because a successful First Amendment challenge could lead to the rules being struck down altogether. Legal scholars "quite convincingly" have made the case kidvid rules are content-based restriction that don't fulfill a compelling government interest, and thus are contrary to the Constitution, he said.
Arguments the FCC lacks authority to relax children’s TV rules are “specious,” NAB replied, posted Wednesday in docket 18-202. Falling audiences for broadcast children’s content obligate modernizing rules, NAB said. ”Children do not rely on commercial stations’ E/I [educational and informative] content, even in OTA [over-the-air] homes.” The association responded to comments from a collection of children’s media groups, including Campaign for a Commercial-Free Childhood, Center for Digital Democracy and Common Sense Kids Action. The record doesn’t show that nonbroadcast platforms provide “significant educational programming for children,” those groups replied. “Despite changes in viewing habits, large numbers of children still watch broadcast television.” The National Hispanic Media Coalition said the FCC should “pause” the proceeding to gather more information or risk not complying with the Administrative Procedure Act: “Neither the NPRM nor the comments filed in the record meaningfully evaluate the potential unintended effects of deregulation.” Others also urged the FCC to reset the proceeding and gather more information. “A doctor should not prescribe a litany of prescriptions before carefully examining a patient and diagnosing an illness; and neither should the FCC prescribe a litany of prescriptive remedies without a more thorough examination of what ails the Kid Vid issue,” said the Parents Television Council. Continue requiring broadcaster kids' TV reports, the children’s media groups said: “Neither broadcasters nor MVPDs should be allowed to simply certify compliance with the [Children’s Television Act] when there is no viable way to verify their compliance.” Current filing rules are a burden on small cable companies and broadcasters, said the American Cable Association and every broadcast commenter. Some content companies, such as Litton Entertainment, argued allowing broadcasters to satisfy requirements with children’s shows aired only on multicast channels will discourage production of new kid content. Lower ad revenue on multicast channels would destroy the market for new educational children’s shows, Litton said. “Allowing broadcasters to move all E/I programming to lesser-watched multicast streams would mean lower-quality (i.e., standard definition, not closed-captioned or video-described) programming and significantly fewer viewers,” said Hearst. Ion and broadcast network affiliate associations praised the FCC’s efforts, saying the media landscape “more than justifies the rule changes proposed by the Commission, and supported by most of the comments, because they will serve the public interest.”
A potential blue wave in state legislative and gubernatorial elections (see 1810110031) could strengthen efforts to counter the FCC December order rescinding some net neutrality rules, said a state lawmaker and observers. But there’s no guarantee bills will pass even in Democratic-controlled states, and lawsuits against states could give lawmakers pause, some said. Flipping the state Senate is key to passing net neutrality in New York, said state Sen. Brad Hoylman (D), whose 2018 bill failed to pass. Adding Democrats may make less difference in other states that failed to pass bills last year, some said.
A potential blue wave in state legislative and gubernatorial elections (see 1810110031) could strengthen efforts to counter the FCC December order rescinding some net neutrality rules, said a state lawmaker and observers. But there’s no guarantee bills will pass even in Democratic-controlled states, and lawsuits against states could give lawmakers pause, some said. Flipping the state Senate is key to passing net neutrality in New York, said state Sen. Brad Hoylman (D), whose 2018 bill failed to pass. Adding Democrats may make less difference in other states that failed to pass bills last year, some said.
FCC Commissioner Jessica Rosenworcel has big concerns about the 3.5 GHz order set for a vote by commissioners Oct. 23, aide Umair Javed said at an FCBA event Wednesday. Erin McGrath, aide to Mike O’Rielly, defended the order's approach.