Charter Communications and striking New York union workers agreed to negotiation and mediation, said Gov. Andrew Cuomo (D) and the company. “As a matter of good faith I have asked [International Brotherhood of Electrical Workers] Local 3 to stop the picket line for 72 hours, at which point we can assess the progress,” Cuomo said Monday. The governor last week urged politicians to boycott one of Charter’s cable networks in solidarity with union workers who have been on strike for more than a year (see 1810170056 and 1806250038). Charter has “been at the negotiating table with Local 3 and a mediator many times since the strike began ... and welcome[s] further discussions,” a spokesperson emailed Tuesday. “We have consistently offered wage increases averaging 22 percent, as well as a generously matched retirement savings plan and comprehensive health and welfare benefits.”

Altice USA is no longer part of NCTA, as of Oct. 1, it confirmed Monday. "We will focus on direct advocacy relating to issues that impact our businesses and our customers, working with industry peers and other associations when our interests are aligned.” NCTA said it "regret[s] their decision, [but] NCTA will continue our forceful representation of the entire industry to advance policies that promote job growth, innovation, and continued investment by America’s internet and television providers.”

NCTA and Comcast officials met aides to all FCC commissioners except for Chairman Ajit Pai to explain why the agency should take a fresh look at Wi-Fi in the 5.9 GHz band, said a letter posted Friday in docket 13-49. The officials also met with Office of Engineering and Technology staff, including Chief Julius Knapp. NCTA and others asked the FCC to reconsider the band, in a letter last week (see 1810160061).

DOJ's continuing to oppose AT&T's buy of Time Warner "is rather unusual" because there's no clear antitrust principle and the department must show the U.S. Court of Appeals for the D.C. Circuit that lower court approval was clearly erroneous, Free State Foundation academic adviser Ted Bolema wrote Thursday. He noted U.S. District Judge Richard Leon took the odd step of explicitly discouraging Justice from appealing.

If the FCC lets broadcasters satisfy their broadcast election notice requirements by taking steps other than the traditional certified letters to cable operators, it should make similar changes to rules requiring cable operators send notices to broadcasters via certified mail, the American Cable Association said in a docket 17-317 posting Wednesday. It said with the agency "steadily moving toward a regime" that lets parties use electronic communications with subscribers and other interested parties, its proposal "simply extends the benefits of electronic delivery even further."

New York politicians will reduce transparency by boycotting a local news network in solidarity with an ongoing strike against Charter Communications, the MVPD said Wednesday. Earlier this week, New York City Mayor Bill de Blasio (D) reportedly said he’s skipping his weekly segment on New York 1 (NY1) to protest the cable network’s parent Charter. New York Gov. Andrew Cuomo (D) applauded the boycott Wednesday, encouraging other officials to join. The New York Public Service Commission conditioned OK of Charter’s Time Warner Cable buy on “maintaining the skilled workforce and bringing high speed internet to unserved and underserved communities,” but the company failed to honor those commitments, Cuomo said. “Consumers must be made aware of the abuses of Charter Spectrum, which the network has conspicuously failed to report on any of its broadcasts. Consumer pressure will affect Charter's bottom line, which is obviously their only concern." Charter responded Wednesday that NY1’s local coverage makes it a “critical part of the political process” that Cuomo wants to avoid as he heads into November’s election. The boycott “accomplishes nothing except to deprive his constituents of the ability to better understand how their state works and create a smokescreen for him to avoid answering difficult questions about real issues,” the company said. “It is a shame to see NY1 used as a political prop, something its parent company has never done,” when “fewer and fewer objective local news outlets” are available. New York and Charter earlier referred to productive talks related to the PSC revoking OK of the TWC deal (see 1810100060).

Despite growth in over-the-top platforms, nearly 20 percent of "cable keepers" who watch TV through a cable or satellite provider don't know how to access live TV without an MVPD subscription, Telaria and Adobe Advertising Cloud reported Tuesday. Forty-two percent of cable keepers said access to live programming is the reason they keep a cable connection, and 55 percent find cord-cutting options confusing. Seventy-three percent of cord cutters cited cost for axing their linear TV connection, and 48 percent of cable keepers are mulling canceling their cable service. Thirty percent of cable keepers said they would be cord cutters if they knew they could livestream their preferred sports, news and events programming. The national online survey was done in April and May, with 750 adults ages 21-54.

Comments are due Nov. 14, replies Dec. 14, on the local franchise authority Further NPRM approved in September (see 1809250017), says an FCC notice scheduled for Monday's Federal Register.

AT&T doesn't strongly defend the U.S. District Court's logic that let it buy Time Warner, but focuses on "musing footnotes and phrases as if they were holdings," DOJ said in a U.S. Court of Appeals for the D.C. Circuit reply brief Thursday (docket 18-5214) responding to the acquirer's appellee brief (see 1809200039). It said AT&T doesn't address the lower court's inconsistencies in rejecting bargaining principles accepted by economists. Justice said the court insisted on an unreasonably high degree of certainty in DOJ economic modeling and its finding of zero harm to be unsupportable, making remand "unavoidable." AT&T didn't comment.

A 9th U.S. Circuit Court of Appeals panel challenged counsel for Comcast and Entertainment Studios Networks/National Association of African American Owned Media in oral argument Tuesday (see here, docket 16-56479). ESN and NAAAOM are appealing a lower court's 2016 dismissal of a racial discrimination claim against Comcast (see 1704170017). Judge Milan Smith is "struggling" with the difficulties the lower court had in finding the ESN claims plausible. He said there's a seeming lack of proof that white-owned companies were treated differently by Comcast in its programming decisions. ESN outside counsel Erwin Chemerinsky said Comcast not contracting with almost any black-owned programmers is evidence of a plausible claim. Judges also questioned Comcast outside counsel Miguel Estrada of Gibson Dunn about what ESN would have to show to have a valid pleading. Estrada said ESN is "finding shreds that are arguably actual in a complaint that is brimming with conspiracy theory." He said the complaint is implausible because it affirms Comcast gave carriage to other majority black-owned networks Aspire and Revolt and Africa Channel and ESN arguments involve a contrived category of 100 percent African-American owned.