Paramount Global has completed the $1.62 billion sale of its Simon & Schuster publishing business to KKR, it told the SEC Monday. The companies announced the deal in August (see 2308070066).

Mediacom will join Comcast and Charter Communications in offering the Xumo Stream Box streaming device to its Xtream internet customers in the coming months, Comcast said last week. Xumo is a joint venture between Comcast and Charter.

The FCC “will take a look” at a letter from 20 members of the Senate Democratic Caucus (see 2310180067) urging the agency to refresh the record on reclassifying linear streaming services as virtual MVPDs, Chairwoman Jessica Rosenworcel said at a news conference after commissioners' open meeting Thursday. Commissioner Brendan Carr said at his own news conference the agency “needs to be very, very careful to hew to the letter of the law that Congress written.” That a policy is outdated and “does not itself give rise to FCC authority,” Carr said. NAB and the Coalition for Local News, an advocacy group formed by broadcast TV network affiliates, applauded the Senate letter Thursday. “We strongly reinforce their advocacy" and calls by Sen. Maria Cantwell, D-Wash., "for the FCC to refresh the record to promote and protect localism in the streaming era,” said the Coalition for Local News in a statement.

Rising stock prices for broadcasters “are coming at the expense of consumers,” said the American Television Alliance in a statement Wednesday: “The current regulatory environment enables big broadcasters to exploit loopholes that are responsible for thousands of consumer blackouts and massive annual price increases.” FCC Chairwoman Jessica Rosenworcel recently announced proposals on retransmission blackouts that are considered more unfavorable to MVPDs than to broadcasters (see 2310110075). Gray Television released an investor presentation this week predicting continued growth in broadcast retrans consent revenue. “MVPD’s $40 billion annual spending on linear programming fees will continue to be reallocated to premium content providers and especially to broadcasters, particularly as the number of cable nets and [regional sports networks] continues to decline,” said the investor deck. “Migration of professional local/regional sports games to broadcast television provides a further opportunity to grow retrans revenues including by reallocating programming fees from cable nets and RSNs to local broadcast stations.” This broken system does not work for consumers and led to over 200 blackouts in 2023 alone, ATVA said: “We urge Congress and the FCC to act to end predatory practices by broadcasters at the expense of subscribers and ensure broadcasters fulfill their public interest obligations.” NAB didn’t comment.

Twenty members of the Senate Democratic Caucus, including Elizabeth Warren, D-Mass.; Amy Klobuchar, D-Minn.; Richard Blumenthal, D-Conn.; and Bernie Sanders, I-Vt., have signed a letter urging the FCC to refresh the record in docket 14-261 on reclassifying linear streaming services as MVPDs. The FCC “should be developing a record and recommendations to ensure that our regulatory system -- which has enabled a thriving locally focused broadcast system that is the envy of the world -- is not undermined by the explosion of new technologies that were not foreseen even a mere decade ago,” said the letter, which was helmed by Sen. Ben Ray Lujan, D-N.M. FCC Chairwoman Jessica Rosenworcel has maintained that the agency doesn’t have the authority to reclassify streaming services, and the FCC said her thinking hadn’t changed after a June letter from Senate Commerce Chair Maria Cantwell, D-Wash. (see 2306230062). “We urge you to refresh the aging, unclosed record from the 2014 proceeding by seeking new public comments to provide updated video marketplace information,” Wednesday's letter said.

The FCC should issue an NPRM on proposals to require content companies to report on the diversity of their vendors to the commission, several diversity and public interest groups, Fuse and Allen Media Group told Media Bureau Chief Holly Saurer and Media Bureau staff, according to an ex parte filing posted Monday in docket 22-209. The FCC “should collect and report data that allows the public to understand if programming offered by a video distributor is reflective of the nation’s diversity,” said the filing from Public Knowledge, the United Church of Christ Media Justice Office, the National Urban League, Asian Americans Advancing Justice, the National Hispanic Media Coalition, and others. Advocates for the content vendor diversity report said it would apply only to media companies that have some affiliation with FCC regulatees, so entities such as Disney and Google would have to report data while companies like Netflix wouldn't (see 2207260003). Arguments that the U.S. Supreme Court’s major questions doctrine would prevent the FCC from collecting and publishing such data are incorrect, the filing said. Under the new -- and still developing -- major questions doctrine, SCOTUS ruled that even in matters that might be under a federal agency’s purview, only Congress can decide expansive or high dollar matters (see 2302080064). “Congress explicitly authorized the FCC back in 1984 to adopt rules to require MVPDs to 'analyze the results of [their] efforts to recruit, hire, promote, and use the services of minorities and women,'” said the ex parte filing. The “explicit Congressional directive” puts the proposed CVDR “far outside the Major Questions Doctrine,” the filing said.

Neither the current definition of "video service" under Illinois state law nor the modified language taking effect in 2024 entitles East St. Louis to franchise fees from streaming services, the 7th U.S. Circuit Court of Appeals ruled Friday (docket 22-2905) in the city's appeal of dismissal of its suit against numerous streamers (see 2209230059). The 2024 language "makes pellucid what most readers of the older definition would have understood: content streamed over the Internet is outside the scope of this regulatory system," the three-judge panel said, upholding the dismissal by U.S. Magistrate Judge Mark Beatty. The panel also rejected the streamer defendant-appellees use the public right of way for communication, ruling if "phone calls over landline cables, electricity over wires, and gas routed through pipes are not trespasses on the City’s land -- and they are not -- neither are the electrons that carry movies and other videos." And it rejected city arguments about a municipal law barring resale of cable TV services, saying over-the-top streamers don't do that. Deciding were 7th Circuit Judges Frank Easterbrook, David Hamilton and Doris Pryor. Oral argument was in September (see 2309120039).

The Better Business Bureau's National Advertising Division recommended Comcast drop various 10G advertising claims. NAD said Comcast indicated it planned to appeal a recommendation the cabler drop or modify its 10G claims that were challenged by T-Mobile. Separately, NAD said Comcast was appealing a similar recommendation responding to a Verizon challenge of Comcast ads. In both cases, NAD said, Comcast's use of "10G" could lead consumers to believe its entire network is delivering 10 Gbps speeds.

Scripps has signed cable and direct broadcast satellite carriage agreements covering about 75% of its subscriber households, it said Wednesday. It said the renewals also expand the number of its stations getting distribution fees.

A National Advertising Review Board panel agreed with Better Business Bureau's National Advertising Division recommendation that Google should drop its advertising claim that its YouTube TV service is "$600 less than cable." Charter Communications challenged the ad claim, NARB said. It said Google indicated it disagreed with NARB's determination but would modify or end the ad claim.