Cable installation companies Cable Line and McLaughlin Communications never showed what authority the court has to extend antitrust liability to cover a purchaser with market power in a vaguely defined market opting to reduce its supplier base, and the 3rd U.S. Circuit Court of Appeals' role "is not to imagine that extension for them," a three-judge panel ruled Friday. In the decision affirming a lower court's dismissal of an antitrust and discrimination complaint against Comcast, the 3rd Circuit also said the appellants didn't present arguments and authority to support their claims Comcast chose a rival cable installation company because it's black owned. Judges Thomas Ambro, Felipe Restrepo and Morton Greenberg filed the docket 18-2316 opinion, which Ambro penned. Appellants' outside counsel told us Monday there are no further appeals to be had since it's a non-precedential decision, and said both installation companies have gone out of business due to Comcast's consolidating its supplier base.

State fees on cable operators for access to public rights of way (ROW), atop the 5 percent franchise fee already imposed by local franchising authorities, means less money available for broadband deployment, NCTA said in an FCC docket 05-311 posting Monday. It said the Cable Act allows the franchise fee to be charged only for ROW access. It's also a violation of the act when franchising authorities or other government entities levy what they call "taxes" atop the cap because those are "essentially a duplicate franchise fee" just labeled a tax, it said.

Both Alliance for Community Media and cable interests lobbied the FCC in recent days on an in-kind contributions Further NPRM about cable operator payments to localities. Meeting with Commissioner Geoffrey Starks, ACM President Mike Wassenaar discussed how the FNPRM would affect public, educational and government access operations nationwide and why members of Congress expressed concern about the proposed rules, per a docket 05-311 posting Friday. NCTA, Comcast, Charter and Cox said the agency needs to make clear that franchising authorities may only accrue PEG capital funds in with specific, agreed-to construction projects, meeting with Media Bureau Chief Michelle Carey and with the Office of the General Counsel. The cablers also said if the FCC decides in a later proceeding to consider how to value and offset PEG channel capacity against the franchise fee, it should consider the value of standard-definition vs. HD capacity and linear vs. on-demand capacity, and IP or online distribution is a means for cable operators and PEG operators to agree to fulfill the Cable Act’s PEG objectives in more efficient and cheaper way. They said if the FCC doesn't establish a value for PEG channel capacity to offset against the franchise fee, it should at least provide guidance about what's “adequate” public access channel capacity.

While generally backing the NAB-NCTA proposal for carriage election notifications (see 1812100051), America's Communications Association in a meeting with FCC Media Bureau staffers laid out suggested modifications to cut the burdens for small cable operators, according to a docket 17-317 posting Friday. It called "baffling" NAB criticisms that the idea of letting cable operators email notices to broadcasters, which they currently need to send via certified mail, are johnny-come-lately. It said a Further NPRM on both the NAB-NCTA proposal and its proposal might be warranted. It said NAB is "absurd" to resist the idea of making broadcasters send certified mail election notices in some instances in the 2020 election cycle, giving cable operators more time to comply with new obligations, given that it would affect very few notices. And ACA said if the FCC retains its requirement broadcasters send election notifications to direct broadcast satellite via certified mail, it should let cable operators choose to get served the same way. NAB didn't comment.

The 9th U.S. Circuit Court of Appeals' decision to allow a video programmer's racial discrimination claims against Comcast and Charter Communications to go forward (see 1811190023) upsets existing Section 1981 federal rights law and imposes unintended costs and burdens on employers, said the U.S. Chamber of Commerce in a Supreme Court docket 18-1171 amicus brief Wednesday. Opposing Comcast's cert petition, respondents Entertainment Studios Networks and the National Association of African American Owned Media said the law doesn't support Comcast's argument there must be assertions race was the "but-for" cause of its not carrying ESN's content. They have in fact alleged but-for causation, and Comcast is just trying to get the court to review whether the 9th Circuit properly applied what are "now well-settled pleading standards," the respondents said. Responses to Charter's cert petition are due Friday.

Discovery’s DIY Network will get a new name in summer 2020 as part of a network overhaul by Discovery and Fixer Upper hosts Chip and Joanna Gaines to create a multiplatform company offering linear TV and a TV Everywhere app, they said Wednesday. Programming concepts in development focus on community, home, garden, food, wellness, entrepreneurialism and design for a long-form format. A new over-the-top video product will feature live and VOD programming including new short-form and long-form content. The Gainses will be chief creative officers of the yet-to-be-named company, and HGTV President Allison Page will be president. Also Wednesday, Discovery and YouTube announced a multiyear distribution agreement. Launching on YouTube Wednesday were Discovery Channel, HGTV, Food Network, TLC, Investigation Discovery, Animal Planet, Travel Channel and MotorTrend. The Oprah Winfrey Network, OWN, will launch by year end.

The FCC's proposal that cable operators' in-kind contributions be treated as franchise fees and count against the statutory cap will lead to more infrastructure investment by both incumbents and new entrants, Phoenix Center said Wednesday. Those in-kind contribution extractions mean reduced revenue or increased costs of an investment project, reducing incentives to invest, it said. Localities have been critical of the in-kind contributions Further NPRM (see 1811150027 and 1811280048).

MVPDs are urging the FCC to allow use of texting or apps as a way to send some required notices to consumers, in docket 17-317 comments posted Tuesday. Verizon said the agency should also look at allowing communications via TV screens, maybe using the Fios TV interface. NCTA urged apps and text messaging. The FCC's November adoption of an order allowing cable operators to send notices to customers via email instead of through the post (see 1811150028) included a Further NPRM about electronic alternatives for subpart T and privacy notices.

The "shapefiles" approach to broadband mapping has advantages over requiring providers submit customer locations to an FCC database or a third party, since it wouldn't see people who have opted not to get broadband labeled as unserved, Charter Communications blogged Tuesday. It said using address-level data would miss rural areas that don't have traditional street addresses, and requiring providers submit customer addresses to a third party or the FCC risks the unauthorized disclosure of sensitive consumer information. The cable industry is pushing shapefiles, which are electronic maps showing actual service area contours (see 1903220036).

An FCC enforcement advisory warns that TV set-top boxes, including those that stream internet content, must comply with equipment authorization requirements. Such devices must not be marketed in the U.S. without “FCC-required labeling and user manual disclosures,” said the public notice in Tuesday’s Daily Digest. Penalties could total more than $147,000 per violation, said the PN. The advisory notes that under Section 302 of the Communications Act and Part 2 and Part 15 rules, set-tops must be properly authorized by the FCC before being imported, advertised, sold or operated. It said devices must display an FCC ID of letters, numbers and symbols “unique to the device” and user manuals must warn consumers of the device’s potential for causing interference. Commissioner Mike O’Rielly applauded the advisory, tweeting, “Fake boxes & certifications are illegal!”