EPB of Chattanooga, with 108,000 broadband customers, had demand increase sharply during the workday after the COVID-19 crisis started, below early evening average peak hours, said Ryan Keel, vice president-technical operations. Primetime peak demand is up as more people stay home, he told a Fiber Broadband Association webinar Wednesday (see 2004080054). EPB hasn’t had “very many issues in total” and addressed some downstream electronics problems, he said.
The 7th U.S. Circuit Court of Appeals rejected Comcast's request for a rehearing or rehearing en banc of the court's reversal of a lower court's dismissal of antitrust claims brought by Viamedia (see 2003250002), said an order Tuesday (docket 18-2852, in Pacer). Comcast outside counsel didn't comment Wednesday.
Overall national consumer downstream peak usage is up 19% since March 1, but a drop of 1% last week could point to consumer usage and demand leveling off, NCTA blogged Tuesday. Others that day and in recent days reported similar (see report, this issue, or 2004060038). NCTA said overall upstream peak growth is still growing -- at potentially a slower level. It said since March 1, national upstream peak growth rose 33%. It will take more than one week of data before reaching conclusions, it said.
Citing the need for MVPDs and fixed broadband providers to focus on pandemic issues, an FCC Media Bureau order Friday delayed implementation of Television Viewer Protection Act truth-in-billing implementation by six months until Dec. 20. TVPA, enacted as part of an FY 2020 federal appropriations law (see 1912190068), included modified language from the Truth-in-Billing, Remedies and User Empowerment over Fees (True Fees) Act (HR-1220/S-510). "Their foremost obligation at this time is to ensure continuity of service adequate to meet the nation’s needs," instead of changes to existing billing systems, employee training or other compliance measures, the Media Bureau said. ACA Connects, NCTA and USTelecom sought delayed implementation (see 2003270030). ACA said Friday even without the COVID-19 pandemic, the required software upgrades were challenging. NCTA cheered the extra time. Sen. Ed Markey, D-Mass., and Rep. Anna Eshoo, D-Calif., urged the FCC Friday to “vigorously enforce" the truth-in-billing language, which will require cable and satellite providers to begin disclosing all fees before consumers sign up for a service. It also requires providers to allow cancellations within 24 hours without penalty and to only charge subscribers for equipment “they actually use.” The FCC needs to confirm it “fully intends to enforce the new law,” Markey and Eshoo said in a letter to Chairman Ajit Pai. “We would also like to know what, if any, guidance the Commission intends to provide [MVPDs] about compliance.” The agency didn’t comment.
The Q4 2019 inflation adjustment figure for cable operators using Form 1240 is 1.28%, the FCC Media Bureau said Wednesday. In the year-ago quarter, it was 1.68%.
The 7th U.S. Circuit Court of Appeals didn't understand advertising interconnects in reversing lower court dismissal of antitrust claims against Comcast (see 2002260020), suggesting those operated by a participating MVPD are noncompetitive, said NCTA. Its amicus brief (docket 18-2852, in Pacer) Tuesday supported Comcast's rehearing/en banc request. The decision "could threaten the continued viability of interconnects," with other courts deeming them anti-competitive "even though there is no evidentiary -- or even sound theoretical -- basis for that," the association said. The Washington Legal Foundation said Comcast "had no reason to aggressively enter the ad-rep market as an anticompetitive predator -- and every reason to step forth as a procompetitive low-cost producer." Outside counsel for plaintiff Viamedia didn't comment Wednesday.
Comments are due May 4, replies May 18 on FCC-proposed elimination or modification of the rule that cable operators maintain records in online inspection files about attributable interests in video programming services, says Thursday's Federal Register. The NPRM was approved at commissioners' March 31 meeting (see 2002280044).
The Supreme Court, having reversed a 9th U.S. Circuit Court of Appeals decision in a complaint against Comcast by programmer Entertainment Studios Network (see 2003230031), vacated and remanded a similar 9th Circuit decision in an ESN complaint of racial animus in programming choices against Charter Communications. The court said Monday the docket 18-1185 decision was in light of its Comcast decision. Chief Justice John Roberts didn't take part.
The 7th U.S. Circuit Court of Appeals needs to make clear that refusal-to-deal claims end at the pleading stage when the defendant’s conduct serves a rational pro-competitive purpose, said the U.S. Chamber of Commerce. Monday's amicus brief (docket 18-2852, in Pacer) supported Comcast's rehearing/en banc request. The Chamber said the 7th Circuit reversing lower court dismissal of antitrust claims against Comcast (see 2002260020) conflicts with Supreme Court and 9th, 10th and 11th Circuit decisions. In an amicus brief last week, the Washington Legal Foundation said the 7th Circuit's "expansion of refusal-to-deal liability is ... a big step away from economically sound antitrust law." Outside counsel for plaintiff Viamedia, which sued Comcast over being forced out of several interconnect advertising markets, didn't comment.
NCTA and member operators asked FCC staff to simplify cable rate rules. Lawyers for the association and representatives from Charter, Comcast and Cox spoke with Chief Michelle Carey and other Media Bureau staffers, the trade group reported in docket 17-105. "We reiterated the points made in our Comments concerning the benefits of simplifying the overly complex set of cable rate regulations, which date back to 1993, when the competitive landscape for video programming was markedly different." The filing posted Friday wasn't more specific on what was discussed, and NCTA declined further comment. Like many conversations of late, this lobbying meeting was done by phone (see 2003260044).