The FCC's consideration of axing Form 325 reporting requirements for cable operators (see 1710260049) is being met with welcome relief, cable interests tell us, with some seeing as likely a 5-0 vote on the NPRM. With the form "outdated and duplicative" given the multiple forms and schedules video providers have to share with the FCC, its elimination is "low-hanging regulatory reform fruit, so to speak," TDS Vice President-External Affairs Drew Petersen told us. The NPRM on November's agenda asks for comments on whether to eliminate or alternately streamline the annual reporting requirement. The form -- filed by all operators with more than 20,000 subscribers and a random sampling of smaller operators -- has been an annual requirement since 1971, it said. It asks about such issues as numbers of subscribers, network structure, systemwide capacity and programming. The FCC said if it opts to keep the form, it would like input on modernizing it. Form 325 isn't a popular item with MVPDs. NCTA in the media modernization proceeding earlier this year (see 1707060060) said cable operators “devote many hours to completion” each year, even though much of the information is available from other sources, even as online video distributors and non-cable MVPDs don’t have similar filing requirements. One cable company executive said the form is significantly burdensome, but couldn't say how it compares to other reporting requirements. Petersen said as far as regulatory compliance burdens go, public inspection files "are more impactful" due to what needs to be kept and consistently updated, particularly given the utilization rate of those files being "pretty low." A cable official said with the industry also pushing to be allowed more use of electronic notification to customers instead of paper, there's hope that idea might come back around as Chairman Ajit Pai's FCC works through its regulatory modernization and streamlining efforts. The agency in June issued a declaratory ruling allowing cable operators to email annual notices to customers (see 1706190074).
Arguing that Sinclair still hasn't articulated a case for why its proposed $6.6 billion Tribune purchase is in the public interest, an array of industry groups, programmers and state attorneys general pushed against FCC approval or called for conditions. The docket 17-179 comments were in response to Sinclair's Oct. 5 replies to an agency information request (see 1710060055). The FCC's 180-day unofficial "shot clock" of the merger review remained paused Friday at 104 and the agency didn't say when it might restart.
AT&T remains confident it will close on Time Warner by year's end, despite word DOJ is considering challenging the deal, analysts said Thursday. That close could come by month's end, analyst David Barden of Bank of America emailed investors Thursday. The Wall Street Journal that day reported the agency is discussing possible settlement terms. BOA said it's standard for the agency to work along multiple fronts for merger reviews. BOA said new DOJ antitrust chief Makan Delrahim is positioning himself to have the last word on any conditions, and the company expects any conditions to be reasonable. It said the time Delrahim is taking has to do with coming up to speed on the takeover rather than with material issues. Wells Fargo's Jennifer Fritzsche emailed investors the issue might be more about Justice increasing leverage in negotiating conditions than a serious intent to block the deal, saying the DOJ would face an "uphill battle" in court trying to block the vertical merger. If the department does push back, that might indicate horizontal mergers -- like Sprint/T-Mobile -- might not fly with the administration, Wells Fargo said. DOJ didn't comment. AT&T said when the agency reviews any transaction, "it is common and expected for both sides to prepare for all possible scenarios. For over 40 years, vertical mergers like this one have always been approved because they benefit consumers without removing any competitors from the market. While we won't comment on our discussions with DOJ, we see no reason in the law or the facts why this transaction should be an exception." Time Warner closed down 3.8 percent to $94.70. BOA said AT&T Senior Executive Vice President-External and Legislative Affairs Bob Quinn indicated this week DOJ wouldn't likely approve consolidation of two national wireless carriers without creation of a fourth facilities-based player, since that would likely face political and career antitrust staff opposition. BOA said an MVNO-based cable provider also wouldn't fit that bill of a facilities-based operator. AT&T didn't comment on that.
More flexible rules for sharing among non-geostationary orbit satellite constellations were among biggest net results of the FCC NGSO order adopted in September (see 1709260035), said satellite operators and an official at an FCBA event Thursday. Much of the talk involved band segmentation issues. International Bureau Satellite Division Chief Jose Albuquerque acknowledged segmenting spectrum if NGSOs can't come to a coordination agreement is "drastic," but the agency couldn't devise a better alternative.
Puerto Rico ISP Open Mobile says hurricane-disrupted service could be fully restored to its 250,000 customers across the island by year's end, as long as electricity is similarly restored. "Nothing could prepare us for what happened," said OM Advertising Manager Ricardo Hernandez. He called Hurricane Irma, which preceded Maria, "like a dress rehearsal" that had OM working on restoring towers.
Many small and mid-sized cable operators will have options for accessible user interfaces by the Dec. 20, 2018, deadline, letting them meet accessibility obligations, and others will be able to meet at least some, the American Cable Association said in an FCC docket 12-108 filing posted Tuesday. Consumer groups representing the deaf or hard of hearing pushed for the agency to keep the due date. Monday was when comments on compliance for small and mid-sized MVPDs were due, replies due Nov. 13 (see 1709280057). ACA said commercial options available include the advanced user interface developed by TiVo, and various "plug-in" devices like the TiVo Bolt and a simpler digital terminal adapter under development. Those plug-ins are only partial solutions for some operators since they aren't compatible with QAM-delivered VOD, all-analog systems or systems not offering broadband, ACA said. But it said likely as much as 97 percent of all domestic MVPD subscribers will have access to three or more MVPDs that can provide a talking guide that meets agency requirements. The FCC "set generous compliance deadlines" in its 2013 user accessible interface order, and the ability of people with disabilities to access video programming outweighs "any challenges that may remain" for meeting the deadline, said Telecommunications for the Deaf and Hard of Hearing, the National Association of the Deaf, American Foundation for the Blind, Cerebral Palsy and Deaf Organization, and Hearing Loss Association of America.
The FCC Office of Engineering and Technology's looking for input on the Technological Advisory Council’s hunt for technical regulations in need of modification (see 1708310035) got suggestions on new filing requirements for internal reorganizations and reforming rules on marketing and operation of RF devices before authorization. Monday was the deadline for docket 17-215 comments.
The 5.9 GHz band likely is the best near-term opportunity for additional Wi-Fi spectrum, said speakers at WiFi Forward discussions Monday. A benefit of the band is lack of significant deployed incumbents there, as opposed to the C-band, said NCTA Associate General Counsel Danielle Pineres, noting that, paired with the 6 GHz band, it could represent a wide swath of spectrum. Public Knowledge Senior Vice President Harold Feld said the change in administration at the Transportation Department could move things along since the Republican administration brings a suspicion of technology mandates and there are LTE options in the market.
Congress needs to remind the FCC that satellite has a legitimate need for spectrum being eyed for 5G usage, particularly in the high frequency bands, ViaSat CEO Mark Dankberg said in an interview. Whether it will provide that kind of messaging is "a little bit of a black box," he said. Dankberg and executives at three other satellite operators testified last week before the Senate Commerce committee (see 1710250025). The FCC didn't comment Friday.
Comcast and Charter Communications combined lost nearly 230,000 video subscribers in the most recent quarter, though Charter CEO Tom Rutledge said he expects the company's video sub loss history to turn around despite price and piracy pressures. Comcast CEO Brian Roberts said changing consumer habits and "aggressive video activity from incumbents" are a challenge.