The global outage of Microsoft systems caused by a software update from cybersecurity company Crowdstrike grounded airplanes globally and affected some broadcasters and 911 systems but spared others, reports from multiple companies and state agencies said.
The U.S. Supreme Court’s recent decisions in Loper Bright Enterprises v. Raimondo, which overruled the Chevron doctrine (see 2406280043), and in SEC v. Jarkesy (see 2406270063) were “a good thing,” FCC Commissioner Brendan Carr said Wednesday during a Multicultural Media, Telecom and Internet Council webinar. Other former FCC officials disagreed sharply with the rulings that appear to expand judges' power while reining in regulatory agencies like the FCC.
Satellite operators and broadcasters want the FCC to phase in Space Bureau regulatory fee increases, expand the payor base and maintain COVID-19 pandemic regulatory fee relief measures, according to comments filed by Monday's deadline in docket 12-108. Satellite interests repeatedly warned of fee shock, particularly as the FCC proposes big jumps in fees to cover costs associated with last year’s creation of the bureau (see 2304110002). The agency should “maximize fairness in the payment process” by continuing “the availability of the extraordinary relief measures for financially distressed regulatees,” a joint filing from state broadcast associations said.
A draft order requiring that device-makers and MVPDs make closed-caption display settings easily accessible is expected to receive unanimous approval during FCC commissioners’ open meeting Thursday, agency officials told us. The final item is expected to change language from the draft version, resulting in the rules no longer applying to preinstalled apps. The order is based in part on a consensus proposal from NCTA and several consumer groups representing the deaf and hard of hearing. “We are in a very different place in terms of the consumer industry relationships now than we were decades ago," said Karen Peltz Strauss, a former FCC Consumer Bureau deputy chief who now represents the consumer groups in the proceeding. “There's a lot more communication, a lot more collaboration, coordination. We've seen a real seismic shift in being able to work with industry to get the access we need.”
Broadcast groups demanded that the FCC acknowledge their industry’s increasing competition with tech companies and loosen regulations. Meanwhile, the Free State Foundation and Public Knowledge seek more spectrum, according to reply comments filed by Monday’s deadline in docket 24-119. The comments will inform the 2024 State of Competition in the Communications Marketplace report to Congress (see 2406070001)
A U.S. District Court decision dismissing an industry challenge of a Maryland digital ad tax Wednesday relied in part on the U.S. Supreme Court’s ruling in Moody v. Netchoice that was issued just two days before the district court opinion was released (see 2407010053). Moreover, the cases involved many of the same parties. Plaintiffs in U.S. Chamber v. Lierman -- including CCIA and Netchoice -- didn’t say whether they would appeal, but previously they appealed two district court holdings in the case. “CCIA remains committed to ensuring that protected speech is not burdened, directly or indirectly, by governmental intrusion,” CCIA Senior Vice President Stephanie Joyce said in an email. “We will hold to that commitment as we evaluate the district court’s decision to dismiss our claim in Lierman that Maryland’s Digital Advertising Gross Revenues Tax Act impermissibly burdens online speech.”
Thursday’s 6-3 U.S. Supreme Court decision in SEC v. Jarkesy could have large implications for future FCC enforcement actions, with academics, FCC attorneys and the three dissenting justices saying they expect it to prompt a storm of litigation for federal agencies.
An FCC proposal that requires disclosing AI-generated content in political ads seems aimed at having rules ready for the 2024 presidential election, statements Thursday from FCC Chairwoman Jessica Rosenworcel and agency spokespeople indicate. However, broadcast insiders told us there probably isn’t enough time for that to happen without causing severe disruption. The FCC is proposing an update of the political file rules “to meet the moment we are in,” Rosenworcel said during a news conference. Her statement was in response to a question about whether the rules would be in effect on Election Day. Rosenworcel didn't explicitly say the item was intended for the 2024 election, though. “She has been clear that the time to act on public disclosure of AI use is now,” an agency spokesperson said in an email after being asked to clarify the planned timing of the proposal.
The NAB Television Board of Directors promised in a policy statement Wednesday to prioritize local broadcasters' interests in NAB’s advocacy, “including on those issues that may be in tension with other NAB member business interests." This was a veiled reference to the networks and their streaming businesses, numerous attorneys and broadcasters told us. The policy statement is widely seen as a reaction to growing conflict between broadcast affiliates and their network partners over content and issues such as virtual MVPD regulation.
Sinclair Broadcast will sell anything in its portfolio -- at “the right price” -- so it can close the gap between its valuation and share price, CEO Chris Ripley told The Media Institute during a luncheon Tuesday. Ripley also predicted that generative AI eventually will create most media, and said asymmetric regulation and increased competition are broadcasting’s biggest obstacles. “Unfortunately, for our industry, we can't seem to get out from underneath some of these old regulations,” Ripley said. “There really isn't any reason for that to be, besides that's the way it always was.”