FTC Chair Lina Khan should recuse herself from decisions in the agency’s antitrust case against Facebook, the company wrote the commission Wednesday. Khan’s prior work and public statements show she already made up her mind about material facts in the case before joining the commission, the company argued. Facebook cited her work with the Open Markets Institute, the House Judiciary Committee, her academic writing, her public appearances and her Twitter posts. Khan tweeted about the substance of the agency’s complaint hours after the commission filed it, the company contended. Khan “presumed that Facebook has a monopoly in ‘social networking’ and has a ‘copy-acquire-kill’ strategy, calling on ‘enforcers’ to stop Facebook,” the company wrote. The agency declined comment. Amazon previously requested Khan’s recusal in the e-commerce platform (see 2106300044).
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The FCC Public Safety Bureau reminded broadcasters and other emergency alert systems participants Wednesday that alerts must be accessible. The bureau also reminded carriers of accessibility requirements for wireless emergency alerts.
The Utilities Technology Council, Edison Electric Institute and Southern Co. urged the FCC to pause further certification for unlicensed equipment in the 6 GHz band, pending further interference testing, in a call with aides to acting Chairwoman Jessica Rosenworcel. “The probability of interference to licensed microwave systems and the risk to the safety, security, and reliability of critical infrastructure energy and water utilities, as well as public safety and commercial communications systems which rely on 6 GHz microwave systems is simply too great,” said a filing posted Wednesday in docket 18-295.
Allow industry flexibility and avoid prescriptive rules on accessibility, replied NAB, Zoom, ACA Connects and CTA on the 21st Century Video Accessibility Act posted Wednesday in FCC docket 21-140. “Accessibility is not something that must be mandated with a heavy hand,” said Zoom. “The regime is working overall,” said CTA, saying industry “is continuing to meet the needs of consumers free of unnecessary red-tape.” CTA said the FCC should relax some CVAA rules to increase flexibility, such as letting alternative technology fulfill captioning requirements. It would be “premature” for the agency to adopt audio description quality standards as rules, said ACA Connects. “Broadcasters have demonstrated their commitment to ensuring access,” NAB said. Industry accessibility initiatives are a “critical” part of the CVAA, but “accessibility barriers continue to require substantial ongoing vigilance and action from the Commission,” said groups including Telecommunications for the Deaf and Hard of Hearing, Communications Service for the Deaf, and National Association of the Deaf. Strengthen rules and reject “unwarranted calls to weaken accessibility mandates,” they asked.
The July 13 DTV deadline for low-power TV stations and TV translators is a week away, said an FCC Media Bureau reminder public notice Tuesday. “All LPTV/translator stations must terminate all analog television operations regardless of whether their digital facilities are operational." That's also the deadline for analog LPTV and translators with digital construction permits expiring July 13 to complete construction, the PN said: Analog stations that lack digital construction permits need to immediately file one or risk losing their licenses. Stations that need additional time to complete construction of digital facilities should seek an extension immediately, the PN said. Stations that can’t complete construction by the deadline must cease analog operation by the deadline and go silent. Outlets that don’t plan to convert must go silent at the deadline, and should turn in their licensees, the notice said.
The FTC’s vote Thursday to rescind the Obama-era competition policy statement “seems to be the first step in moving competition policy away from the consumer welfare standard,” which has enabled innovation by “focusing on what is best for consumers rather than legacy businesses using government to protect them from new entrants and innovators,” said CTA CEO Gary Shapiro Thursday. The consumer welfare standard “grounds competition policy in objective facts and evidence,” said Shapiro. By protecting consumers rather than competitors, “we ensure antitrust decisions are not subjective or political.” Other nations without consumer-based standards “have fallen behind in innovation,” he said. The FTC's “hasty” decision “to abandon the consumer welfare standard -- especially as we face unprecedented global competition in the tech sector and beyond -- is a grave mistake.”
Broadcom monopolized “markets for semiconductor components” for television and broadband internet services “through exclusive dealing and related conduct,” the FTC said, filing charges Friday. The company said it hopes to reach a resolution with the agency that's “substantially similar” to a previous settlement with the European Commission involving the same products. The agency issued a proposed consent order, in which Broadcom would need to “stop requiring its customers to source components from Broadcom on an exclusive or near exclusive basis.” The commission voted 4-0-1 with Chair Lina Khan abstaining. The complaint “is a step toward addressing that problem by pushing back against strong-arm tactics by a monopolist in important markets for key broadband components,” said acting FTC Competition Bureau Director Holly Vedova. Broadcom is a “monopolist in the sale of three types of semiconductor components,” the FTC said, citing chips that are the “core circuitry that run traditional television broadcast set top boxes, as well as DSL and fiber broadband devices.” The company “illegally maintained its power in the three monopolized markets by entering long-term agreements with both OEMs and service providers that prevented these customers from purchasing chips from Broadcom’s competitors,” the FTC alleged. Broadcom disagrees its actions “violated the law and [we] disagree with the FTC’s characterizations of our business, [but] we look forward to putting this matter behind us and continuing to focus on supporting our customers through an environment of accelerated digital transformation,” a company spokesperson said. “We are equally pleased that the FTC investigation into our other businesses has been closed without action.”
Comments are due Aug. 2, replies Aug. 30, on an NPRM the FCC approved 4-0 in April on the future of wireless mics in the TV and other bands (see 2104220056), says a notice for Thursday's Federal Register.
FTC Chair Lina Khan should recuse herself from any antitrust matters involving Amazon due to prior public statements, the company said in a filing Wednesday. Those statements “create the appearance of her having prejudged facts and/or legal issues relevant to the proceeding,” the company wrote the agency. Courts and federal ethics rules require commissioners to avoid the appearance of loss of impartiality, the company said. Amazon wrote that the chair has made numerous public statements that go beyond general policy commentary, including detailed pronouncements about market definition, conduct, theories of harm and other legal matters. “These statements convey to any reasonable observer the clear impression that she has already made up her mind about many material facts relevant to Amazon’s antitrust culpability as well as about the ultimate issue of culpability itself,” the filing said. The company cited her work with Open Markets, her academic papers and her work with the House Antitrust Subcommittee. The agency declined comment.
Wireless stakeholders asked the FCC for flexibility in the supply chain reimbursement program, in comments posted Thursday in docket 18-89 (see 2105240071). Adopt a technically neutral policy and remove questions about open radio access network or virtualization in its supply chain reimbursement program, said Nokia. It wants a “blanket 6-month extension” for deployment and the ability to “seek additional individualized extensions of time as part of the initial reimbursement application template.” The Rural Wireless Association said the filing window should be open for at least 60 days and the FCC should provide applicants with a template to enter required data. RWA asked for the 15-day cure period to only be used as a “final mechanism” and “tie it to deficiency notices for individual applicants.” Adtran supported keeping proprietary information confidential because it “constitutes trade secrets” and forms should include an information request. Manevir offered suggestions to clarify field descriptions on the form.