The National Labor Relations Board's "radical" argument of discrimination by CNN is "the only means of justifying the radical remedies it ordered" in 2015 when the NLRB said more than 100 laid-off Team Video Services technical workers should be hired by CNN, the cable programmer said in a reply brief (in Pacer) Friday in the U.S. Court of Appeals for the D.C. Circuit as part of its cross-petition for review of that 2015 order (see 1604110021). In its brief, CNN argued it wasn't a joint employer of the unionized workers TVS laid off and didn't have direct and immediate control of them, since TVS did the hiring and firing and CNN's determining the number of employees needed didn't make it a joint employer. It said the NLRB finding that CNN was a successor employer to TVS was arbitrary and capricious, with the Communications Workers of America -- which represented the laid-off workers -- "not even attempt[ing] to defend that ruling" and NLRB arguments along those lines lacking merit. And it said CNN could be found guilty of discrimination against former TVS technicians only if it could be shown it failed to hire them when it brought in house technical work at its New York and District of Columbia news organizations as a means of avoiding a collective bargaining obligation. That former TVS technicians were more likely to be offered jobs than average applicants, while TVS union leaders were even more likely, and CNN hired the majority of TVS workforces in New York and D.C. points to conduct "flatly inconsistent with any hiring plan ... 'designed to avoid' a union bargaining obligation," CNN said. NLRB didn't comment Tuesday. The case hasn't been scheduled for oral argument.

Cox Communications and Viacom renewed their carriage agreement with an expansion that gives Cox subscribers more on-demand full-length Viacom programming on various platforms including mobile, Viacom said in a news release Friday.

Streaming network Crackle and Branded Entertainment Network signed a deal for Crackle to use BEN technology and analytics for better advertising, marketing and branded integration campaigns, BEN said in a news release Wednesday. "Global brands and agencies have increasingly invested in branded integrations in premium content," said Gary Shenk, CEO of the advertising integration services company. "In working with BEN, Crackle will be able to build upon its marketing and advertising capabilities and add immense value to its original content.”

Consulting firm Broad Comm is testing a new video capture system at National Hockey League venues this week. The FCC Office of Engineering and Technology on Monday approved a Broad Comm special temporary authority request to use 2210, 2225, 2250 and 2275 MHz for cameras that will be located one to two meters above the ice "and be capable of capturing video both on the ice as well as in the adjacent stands to enhance crowd safety." Broad Comm, whose filing was made by President Louis Libin, described itself on its website as a consulting firm with media clients. Libin also is Advanced TV Broadcasting Alliance's executive director.

The International Trade Commission voted to begin a Tariff Act Section 337 investigation into alleged patent infringement by DVRs and set-top boxes with interactive program guides and video recording technology for use with Comcast cable systems, the ITC said in a Monday news release. Rovi requested the investigation in a complaint filed April 6, saying Comcast “built its interactive cable business on the back of Rovi’s technology” as a licensee, “refuses to renew [Rovi's] license on acceptable terms” and continues to sell and lease products that copy Rovi’s technology and compete with Rovi products. The ITC will consider whether to issue a limited exclusion order and cease and desist orders banning import and sale of infringing set-tops by Arris, Comcast and Technicolor, the agency said. Arris declined to comment Tuesday, and a Technicolor spokesman had no immediate comment. Comcast disagrees "with Rovi’s accusations and intend[s] to defend the cases vigorously," said a spokeswoman for the cable company.

NBCUniversal should receive $50,000 from figure skater Oksana Baiul's attorney, Raymond Markovich, for his continued pursuit of Baiul's litigation against NBCUniversal's NBC Sports "long after it became clear that Baiul's claims were not viable," U.S. District Judge Katherine Forrest of Manhattan said in an order (in Pacer) Thursday. Forrest rejected a memorandum of law submitted by Markovich seeking to cap NBCU's legal fees award at $5,000 based on arguments he couldn't afford more and NBCU's billing was excessive, and also rejected the $88,300 NBCU sought. Markovich, Baiul and her company, Oksana Ltd., the same day issued a notice of appeal (in Pacer) of both the court's April order (in Pacer) dismissing as frivolous the 2013 lawsuit -- alleging NBC hadn't compensated the skater for skating performances and a TV movie -- and its subsequent sanctions order. Markovich didn't comment Friday.

The American Cable Association welcomed FCC guidance for complying with broadband network performance disclosure requirements under the enhanced transparency duties of the 2015 net neutrality order (see 1605190061). Thursday's public notice "properly balanced the interests" of consumers and smaller ISPs, ACA said in a Friday release, which noted previous concerns that the enhanced disclosure obligations "were vague and would impose undue burdens" on the group's members. "The new guidance addresses that concern by giving smaller ISPs additional and reasonable direction on complying with the new packet loss and geographic granularity requirements and by reiterating that smaller ISPs can continue to follow the 2011 Guidance as to acceptable methodologies to measure and disclose actual network performance," ACA President Matthew Polka said. "The guidance will assist smaller ISPs in fulfilling their obligation to provide consumers sufficient and understandable information about their broadband services and practices in a reasonable manner."

CEO Brian Roberts and several Comcast executives spoke to Commissioner Mignon Clyburn on FCC set-top box and broadband privacy proposals during INTX 2016, said an ex parte filing posted Thursday in docket 16-42. Comcast Cable CEO Neil Smit and Comcast Executive Vice President David Cohen were part of the discussion. Comcast has announced programs that will “expand the range of retail devices our customers can use to access Xfinity TV cable service without the need to lease a set-top,” it said. Multichannel video programming distributor "apps are providing retail device alternatives without any of the numerous harms that would result from the proposed set-top box mandate,” the cable ISP said. The FCC should pursue a broadband privacy policy that's similar to the FTC technology neutral privacy plan, the company said. The NPRM’s current proposal would create a situation where competing players in the Internet ecosystem are treated differently on privacy regulation and inexplicably would block ISPs from entering and competing as disrupters and upstarts in the online advertising market, Comcast said. At INTX, others from the cable industry and elsewhere criticized the set-top and privacy proceedings (see 1605160057, 1605170040 and 1605160033).

A 60-day clock has started for comment on the DOJ's proposed final judgment on Charter Communications' buys of Time Warner Cable and Bright House Networks with conditions on its treatment of online video distributors, it said in a notice published Tuesday in the Federal Register. That 60-day period isn't expected to delay the close of the deals, which Charter last week said would happen on Wednesday. The DOJ proposed barring New Charter from any contractual alternative distribution method limits on online video distributors (see 1604250039).

Advertisements across traditional TV and digital platforms are coexisting and feed into each other, though measurement improvements are needed in some areas, panelists from several industries said at INTX here in Boston Monday. One area where digital ads are further ahead than TV commercials is automation, said many of the speakers from the cable distributor and programmer and tech sectors. Measurement in some areas needs improving to what speakers called the census level. Eventually, TV will catch up to digital in terms of being automated, panelists said. Eliminating the “human touch” from the start was “easier on digital,” Charter Communications President-Media Sales David Kline said. “On television, it is a little bit more complex.” Such “automation will come, it's a bit more difficult to do on TV,” he said. Putting the right ad in the right place at the right time and giving viewers a chance to interact with the commercial content is “starting to happen," Kline said. “That's really when buyers start looking at television” as akin to digital, he said. “It's well within our grasp to do all this stuff. It's not going to replace it. Digital and TV can coexist.” AMC Networks President-National Advertising Sales Arlene Manos said that “the right ad at the right place at the right time” is the goal. While “the media gets all the responsibility for whether that [message] is getting across,” she said that “the ad itself does matter.” One hurdle to census-level measurement of ads is privacy, said IBM's Braxton Jarratt, general manager of the company's cloud video unit. There may be a “pretty large audience where you are not going to be able to do census-level measurement,” he said. One advantage of cable is that companies like Cablevision can match viewing to those who authenticate their credentials to watch online, versus elsewhere on the Web where cookies are used as proxies, said the company's Ben Tatta, president-media sales. With much video moving to an IP connection, “the ability to link all of that connected session data to a single household” will “be extremely important to content,” Tatta said. “That, to me, is the dream."