Citing COVID-19-related social distancing and the likely recession, Cowen analysts told investors Monday they expect lower Comcast earnings due largely to its theme parks business, which likely will be closed through the first half of the year. The researchers said broadcast TV and cable network advertising likely will take a hit over the next year, and not rebound. Cowen said Comcast's signing of the FCC ISP pledge to not cut off service during the pandemic and to waive late fees (see 2003130066) could have "modest impacts" on its collections and revenue-per-customer growth. The company didn't comment.

The 6th U.S. Circuit Court of Appeals "take[s] seriously" local franchise authorities' disagreements with the FCC about Communications Act interpretations, but LFAs seeking a stay of implementation of last year's cable TV local franchise authority order (see 1911260015) are "ask[ing] us to enjoin what appears to be a correct interpretation of a federal statute." That's according to an order last week (docket 19-4161) by Circuit Judges David McKeague, Richard Griffin and Raymond Kethledge rejecting the requested enjoinder. LFA outside counsel didn't comment Monday, the day the FCC posted the action.

Asserting it "does not control the Internet," Charter Communications asked a U.S. District Court in Denver for a declaratory judgment in litigation brought by music labels (see 1903250004) that the cable ISP isn't liable for contributory copyright infringement of the plaintiffs' works at issue. In an amended complaint partial answer and counterclaim (in Pacer, docket 19-cv-00874) Wednesday, Charter also asked for unspecified damages for such costs as the damaged goodwill and reputational harm from processing inaccurate notices about supposed music piracy by its subscribers and the cost of implementing its Charter Abuse Tracking System to partially automate the handling of abuse notifications that it receives. In a series of affirmative defenses, Charter said any infringement wasn't willful and it didn't cause, encourage or induce the alleged primary infringement. Counsel for the music label plaintiffs didn't comment Thursday.

Additional MVPDs endorsed requests there be no blackouts of TV station programming on pay TV during the COVID-19 pandemic. FCC Chairman Ajit Pai and NAB CEO Gordon Smith and others sought similar pledges (see 2003180036). Comcast agrees, a spokesperson emailed Wednesday. "We all need to work together to avoid service disruptions during this time.” Dish Network "is committed to ensuring that our customers have access to critical local news coverage regarding COVID-19,” said Senior Vice President-Programming Andy LeCuyer in a statement. “We appreciate the cooperation of broadcasters who share our goal, and together we've restored 49 channels across 39 markets, while continuing to work toward long-term agreements."

Increased dependence on video-sharing technology is going to force "some hard conversations" about when a service's termination of accounts is legally required due to repeat copyright infringement under the Digital Millennium Copyright Act, Santa Clara University Director-High Tech Law Institute professor Eric Goldman blogged Monday. He said the U.S. District Court in San Francisco's dismissal Friday (docket 19-cv-05422) of a complaint against YouTube by a user over his account's termination didn't stand a chance because the law is clear that internet services have "unilateral authority ... to decide who they want to provide services to."

The FCC should ignore a push by CTIA for licensed use of part of the 6 GHz band (see 2003120065), NCTA said in a filing posted Friday in docket 18-295. “The United States needs more unlicensed spectrum in the near term and cannot afford to delay unlicensed access to half of the 6 GHz band in order to consider an ill-conceived, last minute push by CTIA to auction the upper frequencies,” NCTA said. “Next-generation Wi-Fi technology is here: NCTA’s members have debuted Wi-Fi 6 access points, leading smartphone manufacturers have incorporated the technology, and the market expects a deluge of new Wi-Fi 6 devices in the near term.” CTIA didn't comment.

The Massachusetts Department of Telecommunications and Cable (MDTC) and state attorney general rely on arguments that were raised before, "and ... explicitly rejected," in the FCC's Charter Communications order, Cox Communications said in a docket 20-10 reply Thursday to state oppositions to its petition for an effective competition determination (see 1912190070). Cox also rejected arguments that deregulating the basic service tier would mean those rates increasing, saying it committed to the state that there won't be a basic service tier rate hike in service, equipment or installation until at least March 31, 2021, even though its current rates are below what's permitted. The MDTC and AG in oppositions to the Cox petition (see here and here) argued the Holland, Massachusetts, market isn't subject to effective competition, since the AT&T TV Now vMVPD service doesn't satisfy the local exchange carrier test and since AT&T TV Now isn't a comparable cable service because it lacks local broadcast channels.

The Maine House voted 131-6 to require cable companies to pro-rate canceling customers’ final bills. They sent LD-2031 to the Senate. Altice is suing a New Jersey regulator over a similar policy that it claims violates the Cable Act (see 2003100066). Maine is defending against cable lawsuits involving recent state laws on ISP privacy, a la carte cable TV, and public, educational and governmental channels (see 2002180050, 1910160005 and 1910090060). NCTA, Comcast and Charter Communications didn’t comment.

U.S. District Judge Nancy Torresen of Portland rejected NCTA's ask for declaratory and injunctive relief in its lawsuit challenging Maine public, educational and government access channel carriage provisions and requirement cable operators extend service to areas that meet a certain population density (see 1909160027). In her order (in Pacer, docket 19-cv-420) Wednesday, Torresen said the line extension requirement might carry unreasonable cost burdens, but NCTA hasn't shown it will be unconstitutional in every application or that it "lacks a plainly legitimate sweep." Cable operators challenging the provision case by case makes more sense, she said. The jurist said the PEG provisions are consumer protection and not specifically pre-empted by federal law. NCTA said it's disappointed with the ruling and believes "Maine’s burdensome network build-out and PEG requirements conflict with federal law and should be preempted, and that the PEG mandates independently violate cable operators’ First Amendment rights. We are reviewing the ruling and considering next steps.”

A federal judge denied reconsideration to New Jersey's Board of Public Utilities of a temporary injunction in a cable case. Altice sued BPU at the U.S. District Court in New Jersey for trying to require the company to pro-rate bills, saying that violates the Cable Act (see 2003020038). In a Tuesday opinion, Judge Brian Martinotti disagreed the court shouldn’t have treated Altice’s motion for reconsideration as a motion for preliminary injunction. “This Court looks to a motion’s substance, not its form,” he wrote. Martinotti disagreed the board had no chance to brief on the preliminary injunction, saying it did when first responding to Altice’s complaint, when the court gave defendants an opportunity to argue in writing after the company filed its motion, and in oral argument. The judge rejected the agency’s argument it had no chance to present evidence on the amount of any monetary bond or need for other conditions to be imposed on Altice following grant of a preliminary injunction. Both sides didn't comment.