A National Labor Relations Board determination that CNN and Team Video Services (TVS) were joint employers of technicians who then were laid off was faulty because the NLRB standard for making that determination was inconsistent with precedent and didn't explain why precedents don't govern, the U.S. Court of Appeals for the D.C. Circuit decided (in Pacer) Friday. The ruling by Judges Merrick Garland, Cornelia Pillard and Brett Kavanaugh and written by Garland included a Kavanaugh partial dissent. The majority opinion said the NLRB isn't barred from finding CNN a joint employer or using a different standard for determining joint-employer relationships, but the court can't enforce that. The D.C. Circuit granted CNN's cross-petition for reconsideration on labor law violations that flowed from the joint-employer finding, but it granted the board's application and denied the Time Warner unit's petition for review on violations not dependent on the joint-employer finding. Kavanaugh said NLRB failed on finding CNN a successor employer to TVS. Kavanaugh didn't see substantial evidence that CNN hiring decisions discriminated against former TVS workers. NLRB counsel didn't comment; CNN said it's reviewing the decision.
With FCC cybersecurity and IT the topic of criticism, spending in recent years doesn’t seem outside what would be expected, IT experts told us. The commission's Office of Inspector General told Congress the agency was "not effective" in seven of eight Federal Information Security Modernization Act metrics -- rating it "effective" only in the Security and Privacy training domain. OIG said the information security program "was not in compliance" with FISMA legislation, Office of Management and Budget guidance and National Institute of Standards and Technology special publications.
Conditions that prohibit discrimination against unaffiliated networks could be in the stars for AT&T's proposed $108.7 billion buy of Time Warner, given signals those unaffiliated networks have concerns, deal watchers told us. But a Starz-commissioned study showing New AT&T likely would benefit TW-owned HBO to the detriment of rival premium networks could be a sign DOJ isn't pushing hard for significant behavioral remedies or that AT&T is being recalcitrant, said antitrust lawyer Mark Ostrau of Fenwick & West.
Satellite interests applauded FCC efforts to harmonize and consolidate rules for vehicle-mounted earth stations, earth stations on vessels and earth stations aboard aircraft (ESAA), and to allow operation of earth stations in motion (ESIM) in the Ka-band. Monday was the deadline for initial comments on the rules consolidation NPRM, replies due Aug. 30. Commissioners approved the NPRM in May (see 1705180042). The NPRM wasn't expected to get notable pushback (see 1705090018). ESIM rules should be identical for earth stations at fixed locations, Boeing said in docket 17-95, saying giving ESIMs co-primary status in the 18.3-18.8 GHz, 19.7-20.2 GHz, 28.35-38.6 GHz and 29.25-30 GHz bands would help deployment of broadband services with additional capacity for end users on mobile platforms. Previous waivers allowing mobility-based fixed satellite services in the Ka-band have shown such deployments don't hurt the operating environment, ViaSat said, saying power limits might be needed for Ka-band ESAAs operating in airspace within line-of-sight of a foreign territory where fixed service networks have an allocation. ESIMs in the Ka-band face the same interference issues as other earth stations operating there on a primary basis, so giving ESIMs primary status will cut burdens on ESIM operators without any corresponding increase in harm, Inmarsat said. It pushed for cutting regulatory barriers for U.S.-licensed earth stations aboard aircraft operating in foreign territory. Several operators also backed FCC proposals to eliminate the antenna pointing accuracy and data logging requirements in existing rules. Elefante Group said the FCC should make clear ESAAs include stratospheric platforms, like those it plans to deploy, and that ESIM deployments in the 18.3-18.8 GHz and 19.7-20.2 GHz bands don't inhibit deployment of other services there. The National Academy of Sciences' Committee on Radio Frequencies said any new ESIM uses should preserve the existing scientific use of the 18.6-18.8 GHz band, and an inventory of recent changes in the number and location of fixed earth stations and ESIMs would help in an assessment. It said there should be restriction of ESIM in frequencies adjacent to that band's earth exploration satellite service allocation until there's more technical parameter information available about proposed ESIMs. The Global Mobile Suppliers Association, when looking at possible effects on future services in the adjacent 27.5-28.35 GHz band, said the NPRM doesn't give enough ESIM operational information about possible deployments and asked that prospective ESIM operators submit usage scenario information, as well as channelization and out-of-band-emission information, for analyses based on real operating scenarios.
Discovery Communications told us it doesn't anticipate its planned $14.6 billion takeover of Scripps Networks Interactive will require FCC review. It didn't comment when asked for clarification Tuesday. Some had speculated SNI might turn in its FCC licenses or that any license transfers to Discovery would be routine and not necessitate opening a docket (see 1707310062).
Discovery Communications’ planned $14.6 billion takeover of Scripps Networks Interactive is largely expected to sail through regulatory reviews, experts told us. The deal might not need FCC review since SNI broadcast licenses could just be turned in and Discovery potentially could use its existing arrangement to transmit Scripps programming to MVPDs the way it does its own, said a communications lawyer with cable and content clients. Even if one or two need to be transferred, that often is done with a simple licensing application that doesn’t require the FCC open a docket, the lawyer said. Discovery said it didn't anticipate antitrust problems with its SNI bid but didn't comment on FCC review. Meanwhile, The Wall Street Journal reported SoftBank CEO Masayoshi Son was considering making a bid for Charter, to merge it with SoftBank subsidiary Sprint.
Any major change to retransmission consent rules isn't likely anytime soon, given FCC unwillingness to get involved and a lack of industry consensus that could motivate Congress, said panelists at a Digital Policy Institute webinar Thursday. The retrans regime "is a hot mess" lacking easy fixes, and could face congressional scrutiny once it gets through net neutrality and revisits the Satellite Television Extension and Localism Act Reauthorization, parts of which expire at the end of 2019, said Phoenix Center President Larry Spiwak.
Comcast and Charter Communications see "national level" wireless opportunities they wouldn't have alone as regional players, Charter CEO Tom Rutledge said in an earnings call Thursday. He said Charter's wireless partnership with Comcast (see 1705080046) comes as the two have the same Verizon mobile virtual network operator: "It makes sense for us ... to be efficient and to know how that MVNO works and to have a good relationship with Verizon."
Antitrust experts are at odds over how AT&T's proposed buy of Time Warner could shake out at DOJ's Antitrust Division, at least on conditions on approval, though OK is expected. There are questions about what kind of changes a Trump administration would represent in how Justice approaches antitrust (see 1611180043), but agency leadership appointees are consistent with what one would expect in a traditional Republican administration, likely indicating a traditional approach, said an antitrust lawyer. The Trump DOJ is likely traditionally Republican on antitrust -- more accommodating and permissive -- but "there will be the occasional lightning strike," said Brian Quinn, Boston College associate law professor, but "If there's going to be a lightning strike, [AT&T/TW] is going to be the deal." AT&T and DOJ didn't comment.
Earth station applicants should specify a requested antenna pointing range and show operations won't increase population coverage and so won't affect local upper microwave flexible use service licensees or impede future earth station applicants, SES, O3b, Inmarsat and Telesat said in comments posted Tuesday in FCC docket 17-172. Friday was the deadline for comments on implementing earth station siting methodologies in the 28 GHz and 37/39 GHz bands (see 1707240050). The satellite operators said applicants should be required to overlay the antenna contour with terrain data, such as from the U.S. Geological Survey. And they said the FCC should encourage earth station collocation by not factoring in the population covered by a new 28 GHz earth station when its interference zone falls within that of a grandfathered earth station. Boeing said power flux density contour and protection zone calculations should use existing propagation models from the ITU and 3rd Generation Partnership Project and be based on proposed earth station antenna models or data. The company said those contour and protection zone calculations should account for shielding or terrain features as part of the estimated interference levels. OneWeb said the FCC should let fixed satellite service earth station applicants use either the time-invariant gain or time-variant gain methods for assessing gain toward the horizon to allow non-geostationary orbit satellite constellations enough flexibility. The company said the agency shouldn't prescribe a single means of determining population percentages but allow earth station applicants to use any verified data source and accepted calculation method. ViaSat said the 0.1 percent population coverage limit should reflect antenna pointing only at the satellite points of communication in the earth station application, not all possible antenna pointing scenarios. It said applicants shouldn't be allowed to use worst-case modeling.