Reading Cable Act Section 621, which lets cable operators use easements when constructing networks, in a constrained, technical sense flouts the language and stated purpose of the act and runs contrary to the its legislative history and FCC interpretation. That according to NCTA in a 7th U.S. Circuit Court of Appeals amicus brief (in Pacer, docket 19-2442) Tuesday backing defendant-appellee Charter Communications in an appeal by Stephen West, who sued over the addition of fiber cable to a utilities transmission tower on his Indiana land. West, appealing a lower court dismissal, said (in Pacer) reference in 621 to a dedicated easement is to be understood as indicating transfer of a specific property right, and franchises like Charter can't access a private utility easement without the property owner formally deeding the right to use the easement for utilities to the public.

Massachusetts Department of Telecommunications and Cable's argument DirecTV Now rebranding makes Charter Communications' effective competition petition moot (see 1910210040) is erroneous, since the service itself remains the same, Charter said in an FCC docket 18-283 posting Wednesday. It said the state is using some redacted data in its argument about DirecTV Now/AT&T TV Now availability in the cable ISP's franchise area and doesn't explain why it couldn't file earlier. The cable operator said the extreme lateness of the state's submission, the day the FCC sunshine notice, doesn't give the commission enough time to evaluate it, so disregard it. The state didn't comment.

Music labels' claims that Charter Communications profited from direct copyright infringement by its internet subscribers and didn't stop or limit the infringing activity are plausible, U.S. Magistrate Judge Michael Hegarty of Denver said in a docket 19-cv-00874 recommendation Monday (in Pacer), responding to a Charter motion to dismiss the vicarious music piracy complaint (see 1905290002). Hegarty recommended against dismissal. Charter outside counsel didn't comment Tuesday.

NATOA wants to intervene on behalf of locality petitioners challenging the FCC cable TV local franchise authority order before the 9th U.S. Circuit Court of Appeals. In a docket 19-72391 unopposed motion Monday (in Pacer), it said its members will be "adversely affected" by the order, which pre-empts local authority over cable operators' non-cable services and hurts those authorities' ability to maintain nondiscriminatory treatment of service providers operating in public rights of way. New York City just sought similar (see 1910210076).

New York City asked for 9th U.S. Circuit Court of Appeals OK to intervene on behalf of locality petitioners challenge the FCC's cable TV local franchise authority order. In a docket 19-72391 unopposed motion Monday (in Pacer), New York said it will be "significantly impacted" by the order, which exceeds FCC statutory authority, but its interests aren't adequately represented by the petitioners. The court last week consolidated complaints brought by multiple communities (see 1910150015).

That AT&T no longer offers DirecTV Now makes Charter Communications' broadband subscription data in Massachusetts irrelevant, the Massachusetts Department of Telecommunications and Cable said in a docket 18-283 FCC posting Monday. MDTC said Charter data is immaterial to a LEC having to be physically able to deliver the service to all potential customers in a franchise area, not just Charter customers. The state agency said much of the Charter data is about statewide broadband subscriptions, not data about the specific franchise areas. MDTC argued Charter's petition on effective competition due to DirecTV Now is moot due to AT&T now offering a different over-the-top service, AT&T TV Now (see 1910160022).

A finding of effective competition via AT&T TV Now in parts of Massachusetts and Hawaii would let Charter Communications almost double what it charges for basic cable TV in some instances, hammering subscribers on fixed incomes, the Massachusetts Department of Telecommunications and Cable told an aide to FCC Commissioner Jessica Rosenworcel, said a docket 18-283 posting Friday. It said Charter hasn't demonstrated it faces effective competition under the LEC test. It said putting online video distribution on regulatory par with MVPDs is better addressed in the FCC's open proceeding on that issue. Charter didn't comment. Its effective competition petition is on commissioners' Friday agenda (see 1910030061).

Netflix forecast a year-over-year decline in Q4 paid net subscriber additions, and factored into that projection that “a few new competitors” are launching streaming services “in the near term,” said Chief Financial Officer Spencer Neumann on Q3 Wednesday evening. “Inevitably, there is probably going to be some curiosity and some trial of those competitive service offerings,” said Neumann. “We're just trying to be prudent about our Q4 forecast.” The outlook for 7.6 million paid net adds includes a 61 percent decline in the U.S. Overseas paid net adds are expected to decline 4 percent. That Netflix will have recorded nearly 27 million net paid adds in 2019 makes this “a tremendously strong year,” said Neumann. It had 5 million paid net adds in the U.S. in 2018 and this year is forecasting a decline to 2.6 million, said CEO Reed Hastings. “So the gap's almost entirely in the U.S.” Disney “is going to be a great competitor,” and so will Apple, he said. “All of us are competing with linear TV.” Just as “multiple cable networks” competed with broadcast TV and not with one another over the past 30 years, “it's the same kind of dynamic here,” he said. The stock closed 2.8 percent higher Thursday at $294.30.

Comcast and an array of programmers are at odds with Maine over a requested preliminary injunction to block the state's a la carte cable TV law. In a docket 19-cv-00410 filing Tuesday (in Pacer) in U.S. District Court in Bangor in support of the injunction ask, plaintiffs Comcast and the others said LD-832 "plainly violates" both the First Amendment and Communications Act, going to the heart of cable operators' and programmers' editorial discretion. State opposition to the injunction request (in Pacer) said federal law doesn't pre-empt here since it doesn't regulate content but instead says content a cable distributor selects must be made available individually. It said cable distributors have no First Amendment right to force bundling. Defendant towns said (in Pacer) Comcast and the others haven't alleged the municipalities tried to enforce the state law. Town managers submitted declarations the communities don't intend to enforce LD-832 for now.

With Comcast planning to drop Starz channels from its lineup effective Dec. 10, the programmer on Wednesday urged subscribers to put pressure on the MVPD. In a news release, it said subscribers should demand it be kept part of the channel lineup rather than be treated as a premium channel, "or demand a refund."