"Quirks" in the must-vote deadline process mean items -- even noncontroversial ones -- can sit in limbo for a month or more, Commissioner Mike O'Rielly blogged Tuesday, pushing for changes in the agency's must-vote procedures. He urged replacing the 21-day time frame with a 14-day one, if not shorter, as a means of speeding up the process. Chairman Ajit Pai's office said it's reviewing the suggestion. The offices of minority Commissioners Mignon Clyburn and Jessica Rosenworcel didn't comment.
The FAA doesn't regulate the noise of space launch vehicles, but NOAA's National Marine Fisheries Service apparently does, space lawyer Laura Montgomery blogged Monday. She said the incidental harassment authorization that SpaceX received for its sonic booms raises questions about why NOAA has such authority and whether the Marine Fisheries Service falls under the Commercial Space Launch Act exceptions for approvals that space launch operations need.
DOJ and AT&T have big motivations for settling the agency's lawsuit to stop the takeover of Time Warner, and doing so could depend on Justice flexibility, antitrust experts told us. Whether the sides are still discussing a settlement isn't clear as neither commented, with no consensus among antitrust experts about the likelihood. Meanwhile, the Brookings Institution Friday recommended antitrust enforcement reforms.
Having closed Thursday on its $1.4 billion MetroCast acquisition, Atlantic Broadband is considering additional mergers and acquisitions. "We have an appetitive for more" once the MetroCast integration is complete, President Dave Isenberg told us Thursday. He said Canadian pension fund Caisse de dépôt et placement du Québec is a co-investor in the MetroCast deal, with the idea of future acquisitions. "They see this as a platform for growth," Isenberg said, saying opportunities range from cable operators to regional fiber networks perhaps contiguous to Atlantic Broadband service areas. The MetroCast deal was announced in July (see 1707100040). Atlantic owner Cogeco Communications said it now operates in 11 states. It said MetroCast will keep its existing brand and will offer a variety of enhanced services under the Atlantic Broadband brand starting in the spring. Isenberg said Atlantic will use the same strategy with the rest of MetroCast that it employed with its 2015 takeover of MetroCast operations in Connecticut (see 1508210008): a variety of new products and services aimed both at residential customers, like gigabit Internet speeds and Atlantic's TiVo-based video platform, and at enterprise customers, such as hosted private branch exchange services. He said Atlantic continues to see broadband growth, and doesn't anticipate incoming 5G services providing significant competition to its wireline services in the near future since the company largely focuses on suburban and rural territories. It "will be an incredibly long time" before a wireless solution replicates terrestrial service, he said. Programmers increasingly are open to skinnier cable bundles, though there's not consensus among programmers, Isenberg said. "We're not at an inflection point, but the trend is clear," he said. He said video remains profitable and an Atlantic priority, and the Connecticut territory went from losing video customers at faster than industry averages to adding customers profitably.
The satellite industry is at odds over the FCC-proposed elimination of the domestic coverage requirement for non-geostationary orbit (NGSO) fixed satellite service systems. Though there's not agreement, the agency still could move forward on some change since there's obviously need for a more flexible regime, said satellite industry lawyer Jeff Carlisle. An industry consultant said the deregulatory aspect of the NPRM could carry particular weight with the FCC. Also potentially trumping objections is the added flexibility NGSO operators would have to bring more satellite broadband connectivity at least to the lower 48 states, the consultant said.
Altice USA's dropping of Starz Jan. 1 is the latest clash in a fight between MVPDs and programmers over traditional carriage models in a time of multiplying direct-to-consumer (DTC) offerings, industry experts said. But that cable model evolution is happening slowly, and the fight is simmering more than boiling, with other cable network blackouts not immediately expected, we were told.
Despite 2017 being a particularly active year for retransmission consent negotiations, cable and broadcast experts weren’t expecting a notable wave of new blackouts on Jan. 1 triggered by contracts that expired Dec. 31. The end of 2016 had a slew of retrans disruptions, and there were worries about sizably more at the end of 2017 (see 1701030046). Alaska's GCI emailed customers last week that they might lose local ABC and CW stations from their cable lineups on Jan. 1 and the local Fox station on Jan. 15 due to a retrans impasse with the stations' ownership.
AT&T's bid for Time Warner and Disney's quest for Fox likely will lead to even more video industry mergers and acquisitions in 2018, particularly as mid-sized programmers and distributors look to scale up or get assets that will let them compete in an increasingly direct-to-consumer (DTC) marketplace, experts said. "If you're a Viacom or a Discovery or an AMC, you have to look at [the consolidation trends] and say, 'Wow, we're becoming more fringe than core,'" said Andre James, head of Bain & Co.'s Americas media and entertainment practice.
Comcast/NBCUniversal likely doesn't have much to fear about the looming expiration of conditions on that 2010 deal, with it being unlikely either the DOJ or FCC will seek behavioral or structural conditions beyond that time, experts told us. But there's disagreement whether Justice's bid to block AT&T's buy of Time Warner (TW) (see 1711210005) indicates the agency should be doing something on Comcast/NBCU. The FCC conditions expire Jan. 20, and DOJ conditions expire in September. Public Knowledge (PK) on Friday became the latest party to call for Justice action on the expiring conditions.
Comcast's NBCUniversal and three regional sports networks over-the-top offerings undermined Wave's ability to meet existing programming agreement terms, the smaller company said in an FCC unfair competition complaint to have been posted Tuesday. The petition for declaratory ruling said Comcast would settle for only "a Draconian remedy" that made competition against Comcast's MVPD services on the West Coast impossible. It said Comcast -- by increasingly making RSN content available via OTT -- resulted in cord cutting that made it difficult for the cable ISP to continue to meet contractually set penetration levels. It said NBCU and the RSNs in response demanded the RSNs be moved to Wave's Lifeline tier but that would have led to "an avalanche" of other services with tagalong rights also relocating to Lifeline, making it uncompetitive. It said NBCU in July demanded and received $2.7 million, mostly in damages, for the RSNs not being repositioned to Lifeline from the Expanded Basic Tier. It said ongoing talks with NBCU made it clear NBCU didn't actually want the RSN services repositioned but wanted the ongoing breach allegation "to sustain its Machiavellian plot" to block Wave from accessing the commercial arbitration remedy that was part of the Comcast/NBCU consent decree.