Comments are due May 4, replies May 18 on FCC-proposed elimination or modification of the rule that cable operators maintain records in online inspection files about attributable interests in video programming services, says Thursday's Federal Register. The NPRM was approved at commissioners' March 31 meeting (see 2002280044).
The 7th U.S. Circuit Court of Appeals didn't understand advertising interconnects in reversing lower court dismissal of antitrust claims against Comcast (see 2002260020), suggesting those operated by a participating MVPD are noncompetitive, said NCTA. Its amicus brief (docket 18-2852, in Pacer) Tuesday supported Comcast's rehearing/en banc request. The decision "could threaten the continued viability of interconnects," with other courts deeming them anti-competitive "even though there is no evidentiary -- or even sound theoretical -- basis for that," the association said. The Washington Legal Foundation said Comcast "had no reason to aggressively enter the ad-rep market as an anticompetitive predator -- and every reason to step forth as a procompetitive low-cost producer." Outside counsel for plaintiff Viamedia didn't comment Wednesday.
The Supreme Court, having reversed a 9th U.S. Circuit Court of Appeals decision in a complaint against Comcast by programmer Entertainment Studios Network (see 2003230031), vacated and remanded a similar 9th Circuit decision in an ESN complaint of racial animus in programming choices against Charter Communications. The court said Monday the docket 18-1185 decision was in light of its Comcast decision. Chief Justice John Roberts didn't take part.
The 7th U.S. Circuit Court of Appeals needs to make clear that refusal-to-deal claims end at the pleading stage when the defendant’s conduct serves a rational pro-competitive purpose, said the U.S. Chamber of Commerce. Monday's amicus brief (docket 18-2852, in Pacer) supported Comcast's rehearing/en banc request. The Chamber said the 7th Circuit reversing lower court dismissal of antitrust claims against Comcast (see 2002260020) conflicts with Supreme Court and 9th, 10th and 11th Circuit decisions. In an amicus brief last week, the Washington Legal Foundation said the 7th Circuit's "expansion of refusal-to-deal liability is ... a big step away from economically sound antitrust law." Outside counsel for plaintiff Viamedia, which sued Comcast over being forced out of several interconnect advertising markets, didn't comment.
NCTA and member operators asked FCC staff to simplify cable rate rules. Lawyers for the association and representatives from Charter, Comcast and Cox spoke with Chief Michelle Carey and other Media Bureau staffers, the trade group reported in docket 17-105. "We reiterated the points made in our Comments concerning the benefits of simplifying the overly complex set of cable rate regulations, which date back to 1993, when the competitive landscape for video programming was markedly different." The filing posted Friday wasn't more specific on what was discussed, and NCTA declined further comment. Like many conversations of late, this lobbying meeting was done by phone (see 2003260044).
Network strength and reliability is “paramount,” a CommScope spokesperson said Wednesday in response to warnings earlier that day from Sen. Mark Warner, D-Va., about COVID-19-related vulnerabilities (see 2003250043). When the company learns of security threats, it works “closely” with customers, “partners and service providers to provide the most up-to-date security measures possible,” the gearmaker said.
The 7th U.S. Circuit Court of Appeals' reversal of a lower court's dismissal of antitrust claims against Comcast (see 2002260020) misread past refusal-to-deal precedent, which is clear that antitrust law doesn't interfere with a company's refusal to deal with another in most instances, said a Comcast petition for rehearing and rehearing en banc (docket 18-2852, in Pacer) Monday. It said plaintiffs can't pursue claims on conduct that's just as consistent with competitive business strategy as with anti-competitive activity. Viamedia, which sued Comcast for elbowing it out of the interconnects advertising market in some cities, didn't comment Wednesday.
Charter Communications is buying part of interconnected VoIP provider Chesapeake Bay Communications' Virginia customer base, it said in an FCC docket 00-257 posting Tuesday. It said the affected customers will be moved April 20-28.
Citing COVID-19-related social distancing and the likely recession, Cowen analysts told investors Monday they expect lower Comcast earnings due largely to its theme parks business, which likely will be closed through the first half of the year. The researchers said broadcast TV and cable network advertising likely will take a hit over the next year, and not rebound. Cowen said Comcast's signing of the FCC ISP pledge to not cut off service during the pandemic and to waive late fees (see 2003130066) could have "modest impacts" on its collections and revenue-per-customer growth. The company didn't comment.
The 6th U.S. Circuit Court of Appeals "take[s] seriously" local franchise authorities' disagreements with the FCC about Communications Act interpretations, but LFAs seeking a stay of implementation of last year's cable TV local franchise authority order (see 1911260015) are "ask[ing] us to enjoin what appears to be a correct interpretation of a federal statute." That's according to an order last week (docket 19-4161) by Circuit Judges David McKeague, Richard Griffin and Raymond Kethledge rejecting the requested enjoinder. LFA outside counsel didn't comment Monday, the day the FCC posted the action.