Amendments pushed by some satellite operators to their pending non-geostationary orbit (NGSO) applications -- as well as the related push by ViaSat for a clear FCC route to propose such amendments without them constituting a major amendment that could get applications removed from the NGSO processing round (see 1801180060) -- are raising an array of questions, including what the FCC might do, satellite officials told us.
DOJ's seeming doubling down on its presumption against behavioral remedies in antitrust consent decrees reinforces the idea settlement of its lawsuit to block AT&T's buy of Time Warner could be remote, experts said. Justice wouldn't be going to court on AT&T/TW if it thought a behavioral remedy could restore the competition lost by the deal, said American Antitrust Institute President Diana Moss. The odds of a settlement have been hazy (see 1801050010). DOJ and AT&T didn't comment.
Gone are the days when few firms had more than 20 lawyers, but the communications field is far more inclusive than it once was, veteran communications lawyers said at an FCBA event Wednesday. The anecdote-laden talks involved many career tips from long-time practitioners for new lawyers. Networking is a must-do, said Wiley Rein co-founder Richard Wiley. He was famous for knowing secretaries' names at the FCC, said Diane Cornell, who most recently was special counsel to former Chairman Tom Wheeler. Cornell said reputation is a key lawyer asset that can easily get tarnished. "Don't screw people over," she said. "Don't lie." Former Commissioner Kathleen Abernathy said emails and texts largely replaced phone calls and in-face conversations, but prompt replies demanded by etiquette remain. Many talked up mentorships but said older lawyers can learn from younger peers. Talking about changes in overtime, Covington & Burling retired broadcast lawyer Jonathan Blake said when he started in the 1960s, partners filled out time sheets annually, and it was unheard of for law firms based elsewhere to practice in Washington. Discussing how to stay abreast of changing technologies, Abernathy said she made in-house engineers "my best friends." She advised lawyers to set up meetings between the FCC and clients working on noteworthy tech even if there's no advocacy on a proceeding but as a means of making connections. When at the agency, she said, "I loved those kinds of presentations." Blake said lobbying where one takes up more than 60 percent of the conversation is a bad session and there needs to be plenty of question asking. Overreach in lobbying "is the kiss of death," he said.
After “a strange” 2017 for broadcaster mergers and acquisitions, with pent-up demand leading to a burst of activity after the incentive auction was done, that pace looks to continue this year, said Wilkinson Barker broadcast lawyer Howard Liberman in a Digital Policy Institute webinar Thursday. He said small and mid-sized telecommunications company transactions, meanwhile, haven't been nearly as active, perhaps because of regulatory uncertainty under the Trump administration. Liberman said the ATSC 3.0 standard's rollout among broadcasters will likely come over the next two to three years. He said for viewers, it will mean more robust signals in a mobile environment as well as more enhanced features like better audio and multi-camera choices. Recon Analytics analyst Roger Entner said the FCC's Title II rollback will likely lead to congressional action that brings back net neutrality rules that aren't "encumbered by heavy Title II regulations." Conversely, privacy rules are "in a holding pattern," though there's broad consensus on the need for "stronger and better" privacy rules. Consumer Policy Solutions President Debra Berlyn said it's a benefit to consumers that privacy rules are back before the FTC, where protections will be universal instead of limited by industries. "We don't want a patchwork of protections," she said. Entner said a key need for 5G implementation is more spectrum, and that, while the FCC is looking at 28, 39 and 60 GHz bands, more also needs to be freed up in the lower bands. The agency also needs work toward standardized rules to help with siting of new cell sites and acceleration of how quickly sites can be made operational, Entner said. He said consumers will be inundated with 5G marketing and messaging this year, with the first implementations coming by year’s end. He said consumer confusion will be inevitable because of the varied applications of 5G.
Comcast's mobile service, Xfinity Mobile, ended 2017 with more than 380,000 subscribers signed up in its first seven months, 187,000 alone in Q4, executives said on an earnings call Wednesday. Comcast Cable CEO Dave Watson said the company is about to start packaging Xfinity Mobile with other offerings, such as broadband. NBCUniversal CEO Steve Burke said virtual MVPDs remain niche areas for NBCU: "We're talking about tenths of a percentage point." Burke said Google and Facebook dominate the growing digital ad sphere, but TV advertising "is roughly flat." He said Comcast's goal is more targetable TV ads, which accounts for the company's investments in BuzzFeed, Snap and Vox. Asked about deal prospects, company CEO Brian Roberts said there's "nothing we feel we have to acquire." Comcast said Q4 revenue rose 4.2 percent to $21.9 billion. It finished 2017 with 21.3 million residential video customers, down 185,000 year over year; 23.9 residential broadband customers, up 1 million; and 10.3 million residential voice customers, down 230,000.
With streaming video piracy booming, content companies and allies are continuing a legal assault against pirate services, and some see the number of allies growing to potentially include other parts of the legitimate video streaming ecosystem. The MPAA said it's seeing some preliminary signs the content company litigation strategy is bearing fruit. However, that legal strategy also faces unique challenges compared with past video piracy fights, experts say.
New equivalent power flux-density (EPFD) limits and axing use of band splitting were among satellite operators' suggestions for the FCC on changes to the Part 2 and Part 25 non-geostationary orbit (NGSO) rules adopted last year (see 1709260035). Wednesday was the deadline for petitions for reconsideration with many posted Thursday. The petitions likely won't be met with either automatic rejection or be a slam dunk, said a satellite lawyer.
The FCC anticipates getting at least one non-geostationary orbit (NGSO) satellite constellation application approved this quarter, and the review for most applications being done potentially this year, an official told us. In some cases, the licensees aren't in a hurry, with constellation plans still being worked on, the official said, adding there hasn't been strong pressure from the industry to accelerate that process.
Alibaba's Taobao.com mobile commerce site, the Pacific Mall in Markham, Ontario, and online sites like Convert2mp3.net and ThePirateBay.org are among prominent physical and virtual marketplaces that facilitate or ignore rampant piracy and counterfeiting, the Office of the U.S. Trade Representative (USTR) said Friday in its annual notorious markets report. Citing growth of illicit streaming devices globally, USTR added several apps and portals that link such devices to illicit content -- TVPlus, TVBrowser and Kuaikan -- to the list. It said closer cooperation between governments and stakeholders is needed to tackle such video streaming piracy. Alibaba and mall management didn't comment.
The nonprofit Sports Fans Coalition (SFC) launched an over-the-top translator service in the New York area Thursday that aims to allow watching live streams of local broadcasters online. But broadcast experts see the Locast.org service raising copyright, retransmission consent and programming contract questions. "We are kind of in uncharted territory," said SFC founder David Goodfriend, a lobbyist and lawyer. "I'm not naive enough to think" there won't possibly be legal challenges, he said.