New York Public Service commissioners voted 3-0 to revoke the state's 2016 conditional approval of Charter Communications’ buy of Time Warner Cable, directing the acquirer to submit a transition plan within 60 days. At a Friday special session, commissioners also voted 3-0 for an order directing PSC counsel to begin a civil enforcement case against Charter in New York Supreme Court seeking civil financial penalties for past failures.
The U.S. Court of Appeals for the D.C. Circuit upheld FCC reinstatement of the UHF discount, denying anti-consolidation groups’ petition for review because they didn’t show sufficient standing, according to a judgment (in Pacer) issued Wednesday morning. Some had thought the FCC might lose the case, based on oral argument, but standing was always a question.
With FCC members having unanimously approved a hearing designation order on Sinclair buying Tribune, the agency said Wednesday evening that the HDO will be released the next day. That was despite the companies changing their plan earlier Wednesday. Some of the divestitures that would have gone to broadcasters linked to Sinclair would instead be sold to others once buyers were found.
The draft FCC hearing designation order for an administrative law judge hearing on issues involving some proposed divestitures in Sinclair's planned buy of Tribune is getting majority support from commissioners, we're told. Commissioner Jessica Rosenworcel said she voted to OK the HDO, shortly after Chairman Ajit Pai announced he had circulated it. Commissioner Brendan Carr also is voting yes, an official said.
With "serious concerns" on Sinclair buying Tribune, FCC Chairman Ajit Pai is asking commissioners to OK a draft order to designate, for an administrative law judge hearing, issues involving some proposed divestitures. “Based on a thorough review of the record," Pai said Monday morning, "the evidence we’ve received suggests that certain station divestitures that have been proposed to the FCC would allow Sinclair to control those stations in practice, even if not in name, in violation of the law."
President Donald Trump chose Judge Brett Kavanaugh, 53, of the U.S. Court of Appeals for the D.C. Circuit Monday night to be his nominee to replace retiring Justice Anthony Kennedy on the Supreme Court.
For Disney's $71.3 billion deal to buy much of 21st Century Fox, DOJ said it would require the would-be acquirer to divest 22 regional sports networks. In a settlement agreed to by Disney, the Antitrust Division filed suit Wednesday in the U.S. District Court for the Southern District of New York, Justice announced. "To streamline agency clearance, Disney agreed to divest the 22 RSNs rather than continue with the Antitrust Division’s ongoing merger investigation." Smaller cable operators and others recently said they were concerned about such RSN concentration.
Former FCC chairmen heralded Apple's Monday announcement it will include RapidSOS technology in iOS 12 to quickly send more accurate location information to 911 call centers, which National Emergency Number Association President Rob McMullen said will accelerate next-generation 911 deployment. It's "a very significant announcement heralding a material shift forward in emergency response capabilities,” former FCC Chairman Dennis Patrick, an adviser to RapidSOS, told us. “The FCC has itself estimated that enhanced location information accurately and immediately communicated can save up to 10,000 lives annually.”
AT&T's planned $108.7 billion purchase of Time Warner got the green light Tuesday from U.S. District Judge Richard Leon of Washington. as he ruled in favor of the companies in rejecting DOJ's antitrust complaint seeking to block the deal. Leon announced his decision this afternoon to a packed courtroom.
Geoffrey Starks will be nominated by President Donald Trump to be a commissioner, FCC Chairman Ajit Pai said. The elevation of the Enforcement Bureau assistant chief has been expected, and he would succeed outgoing Commissioner Mignon Clyburn. Starks would serve the rest of a five-year term ending June 30, 2022, said a White House announcement forwarded to us from a Senate official. Other FCC members offered endorsements and encouragement as well (here, here and here.)