Use of YouTube's Content ID "requires far greater care and candor" than composer Maria Schneider and Pirate Monitor showed in their lawsuit, YouTube's Google said in an answer and counterclaim Monday (in Pacer, docket 20-cv-04423) in U.S. District Court in San Francisco. Schneider and Pirate Monitor allege Google's YouTube facilitated piracy by keeping individual artists from being able to access Content ID to prevent piracy of their works. Google said Content ID can easily be misused and Schneider and Pirate Monitor are examples of how. Google said Pirate Monitor's video uploading breached terms of a service agreement. Plaintiffs' counsel didn't comment Tuesday.

Roku users can now access NBCUniversal’s Peacock streaming video. The free tier includes 13,000 hours of current, classic and original movies and shows, plus live and on-demand content covering news, sports, reality, late-night and Spanish-language programming. For $4.99 monthly, Roku customers have access to the full Peacock Premium portfolio of 20,000 hours of content; another $5 zaps advertising, said Peacock Monday. A Roku spokesperson emailed there's no update on talks with AT&T to carry HBO Max, which isn't available on Roku or Amazon Fire TV platforms. Peacock is available on Apple devices, Google platforms and devices, Microsoft’s Xbox One family consoles, Vizio SmartCast TVs, Sony’s PlayStation 4 family consoles and LG Smart TVs. Eligible Comcast Xfinity X1 and Flex customers and eligible Cox Contour customers get Peacock Premium for free. In July, Comcast said Peacock had 10 million signups (see 2007300032).

The FCC should clarify in its 30-day cable lineup notification draft order on September's agenda (see 2009090048) that local franchise authority-imposed notices should be required only in circumstances in a cable operator's control and that operators should be allowed to deliver them electronically. That's per a docket 17-105 posting Friday recapping NCTA teleconferences with Media Bureau Chief Michelle Carey and aides to Chairman Ajit Pai and Commissioners Mike O'Rielly and Brendan Carr. NCTA urged the FCC to end the requirement cable operators notify subscribers 30 days in advance of any big changes in the information in required annual notices.

Generalized assertions about Viasat's plans to modify its non-geostationary orbit constellation aren't a credible basis for denying the modification application or pushing it to a later processing round, Viasat told the FCC International Bureau Wednesday: No other NGSO fixed satellite service operator will have to reduce spectrum more frequently because of the modification application. It responded to comments including petitions to defer or deny by Telesat, O3b and SpaceX. Those companies argue its plans to increase its constellation from 20 satellites to 288 operating at a lower orbit (see 2005270010) would worsen the NGSO interference environment.

Deerfield station groups "are evaluating [their] options" after the full FCC upheld a Media Bureau ruling they failed to negotiate in good faith with AT&T's DirecTV on carriage of those stations (see 1911080036), outside counsel for the stations emailed us Wednesday. Per the docket 19-168 order in Wednesday's Daily Digest, the FCC rejected the station groups' application for review and proposed a $512,228 fine against each of 18 stations. The commission said the record clearly shows the Deerfield stations repeatedly refused to negotiate carriage or respond to DirecTV proposals, unreasonably delaying the negotiations and causing a blackout. “We disagree with the decision on the merits and its proposed penalties," the outside counsel said. Commissioner Geoffrey Starks said the bureau called it the most egregious example of delay in the good faith negotiation rules' history, so the maximum forfeiture is justified. He said other negotiating parties should be on notice they could face similar penalties for similar instances of failure to negotiate for retransmission in good faith, especially when the result is blackouts and other consumer harm. Commissioner Mike O'Rielly, who approved in part and concurred in part, said there's enough evidence to justify the notices of apparent liability, but he concurred on only the forfeiture amounts. "Imposing the statutory maximum on individual stations by way of a novel, first-time application of the rules could be disproportionately punitive and significantly threaten the operations of these stations," he said.

A Facebook experimental satellite launched Sept. 2 to test means of improved broadband connectivity experienced an attitude control issue and "is currently under control," a company spokesperson emailed us after our report was published Monday (see 2009140001). The company reported to the FCC that the satellite developed "increasing spin rates" during its first few orbits, and ground interventions brought attitude under control. It said special temporary authority to communicate using earth stations in Alaska and Hawaii would let partners add to diversity of earth stations communicating with the satellite and accelerate its return to normal operations.

"There is no reasonable regulatory purpose served" in not including earth stations operated by Hotwire Communications, Cunningham Communications and others from the C-band incumbents list for relatively minor registration snafus, ACA Connects said in a docket 20-205 posting Monday. It backed Hotwire's petition asking the FCC reconsider its exclusion.

Requiring cable operators to notify subscribers as soon as possible about a channel going dark from failed carriage negotiations instead of 30 days in advance is a common-sense clarification, NCTA told an aide to FCC Commissioner Geoffrey Starks, said a docket 19-347 posting Friday, lobbying for the draft order on Sept. 30's FCC agenda (see 2009090048). NCTA argued if the FCC doesn't preempt local franchise authority notice requirements, it should at least make clear LFAs can't require advance notice of changes due to circumstances outside the cable operator's control.

The Disability Advisory Committee meets virtually Oct. 14 at 1:30 p.m. EDT. Among the topics are a report on enhanced electronic newsroom techniques and a working group report and recommendations on best practices for creating audio description, the FCC said Thursday.

Paid subscriptions, at $3.8 billion, were 67% of total music industry revenue, and 79% of total streaming revenue, in the first half, reported RIAA Thursday. Paid subscription growth of 14% outpaced overall streaming music revenue growth of 12%. Streaming revenue was 85% of revenue in the half, physical sales 7%, digital downloads 6% and synch 2%. Average subscriptions were 72 million, up 24% vs. the year-ago half, with more than a million net subscriptions added monthly. Ad-supported on-demand streaming music revenue slowed to 3% at $421 million because due to COVID-19. Services' Q2 ad revenue had double-digit declines. Store closures due to the coronavirus led to a 23% falloff in physical products to $376 million. Vinyl album sales grew in Q1 but reversed in Q2, resulting in a first-half net increase of 4%. At 62% of total physical revenue, vinyl outpaced CD sales for the first time since the 1980s. Vinyl generated 4% of overall industry revenue. Digital and customized radio services receipts grew 6% to $583 million. Digital downloads’ share declined from 8% to 6% at $351 million.