Comcast pushed back against arguments of two parties contesting its waiver bid seeking limited relief from recordkeeping, retention and report rules under a 2013 rural call completion order. In a filing posted Tuesday in FCC docket 13-39, Comcast said the comments of Eastern Rural Telecom Association and Flowroute (see 1610060051) were "inapposite and should not delay" the agency from promptly granting its waiver petition (see 1609160017). A previous Comcast filing responded to NTCA opposition (see 1609260055).

Arguing that the meaning of an automatic telephone dialing system (ATDS) as used in the Telephone Consumer Protection Act is about to be clarified by the U.S. Court of Appeals for the D.C. Circuit, Comcast is pushing for a stay in any action on a TCPA class-action complaint against it. In a memorandum (in Pacer) filed Friday in U.S. District Court in Los Angeles in support of its motion to stay, the operator said holding off for that ATDS definition expected in ACA International v. FCC "is nothing short of critical" since the plaintiff in the TCPA complaint alleges the cable ISP used an ATDS to make calls. Comcast also said numerous other courts handling TCPA actions have issued stays pending the outcome of the D.C. Circuit appeal. In a separate answer (in Pacer) to the class-action complaint also filed Friday with the court, Comcast offered 24 separate affirmative defenses. It said the complaint is barred because the plaintiff was bound to arbitrate his claims and because the calls weren't placed using an ATDS or artificial or prerecorded voice. Comcast also said it didn't willfully or knowingly violate TCPA, that the plaintiff and putative class members didn't mitigate any alleged damages and they didn't suffer any actionable injuries or damages. Comcast asked for the complaint to be dismissed with prejudice and that the company be awarded costs. Counsel for plaintiff Malik Brown didn't comment Monday. The court last month rejected (in Pacer) a stay motion sought by Comcast as it appealed rejection of the company's motion to compel arbitration.

A U.S. District judge was right to deny enforcement of an arbitrator prohibition of future strikes by the International Brotherhood of Electrical Workers, AFL-CIO, Local Union No. 3, said the National Labor Relations Board in an intervenor brief (in Pacer) filed Thursday with the 2nd U.S. Circuit Court of Appeals. The Supreme Court has said a waiver of strike rights usually doesn't survive expiration of the contract that the waiver is in, NLRB said, saying if the court agrees with the agency's ruling that no valid contract between the union and Time Warner Cable contained a waiver of employees' right to strike, then the arbitrator had no legal basis for prohibiting future strikes. NLRB said it wasn't taking a position on the monetary part of the judgment that Local 3 is appealing or on whether Local 3 waived its right to contest the arbitrator's jurisdiction when it took part in the arbitration proceedings. Local 3 is appealing a U.S. District Court in Brooklyn ruling upholding those arbitrator awards, and the company is cross-appealing the portion of the Brooklyn court's judgment that denied confirmation of part of a 2015 final arbitration award ordering the union to refrain from further violations (see 1608300029). TWC, now owned by Charter Communications, didn't comment.

Netflix will be available via Comcast's X1 starting this week, the companies said in a news release Friday. Comcast announced plans in July to integrate the subscription VOD service into its navigation platform (see 1607050061).

The Cable & Telecommunications Association for Marketing and the Association of Cable Communicators are merging, with ACC membership, senior board members and key programs to be incorporated into CTAM, they said in a news release Thursday. CTAM will include communications and public relations for its member companies, which largely overlap with ACC's, they said. “This is an exciting step forward that recognizes and capitalizes on the current marketplace environment, building a collective to support the industry in even more comprehensive ways,” said ACC board President Catherine Frymark, Discovery Communications senior vice president-corporate communications. “While both organizations have been highly regarded for decades of individual accomplishments, we will be stronger together; providing greater member value, professional development resources and programs, and overall impact beyond what we’re able to achieve separately.” The consolidation, approved by the two boards, is expected to be finalized by year-end, subject to a definitive agreement and satisfaction of closing conditions, they said.

Shares of Liberty Expedia Holdings are expected to begin trading on a "when-issued basis" on Nasdaq starting Friday, after stockholders at a special meeting Tuesday approved a spin-off from Liberty Interactive, said the company in a news release. Liberty Interactive, which owns QVC and has other video and digital commerce interests, said it expects Liberty Expedia's Series A and Series B common stock to begin trading "in the regular way" under symbols "LEXEA" and "LEXEB" beginning Monday.

Petitions by public interest groups Free Press, Credo Action and Demand Progress netted more than 115,000 signatures in opposition to AT&T's buying Time Warner, Demand Progress said in a news release Wednesday. All three petitions -- here, here and here -- ask policymakers to stop the transaction because of the concentration of economic and political power that would result and the lack of consumer benefit. DOJ suing AT&T's DirecTV over another issue Wednesday became another thorn in the side of the telco buying TW (see 1611020034). Some on Capitol Hill remain concerned (see 1611020036).

Discovery Communications and Major League Baseball subsidiary BAMTech are jointly forming BAMTech Europe, a company providing digital services to content owners, broadcasters and over-the-top platforms in Europe, they said in a news release Tuesday. BAMTech Europe's first client is Eurosport Digital, which will get access to various European sports rights from worldwide sports properties, including current and future rights acquired by BAMTech and jointly by Eurosport and BAMTech, the two said. The deal is BAMTech's first move into Europe, and BAMTech’s back-end video platform and services will be implemented in 2017 across Eurosport Digital’s products, such as Eurosport.com and subscription-based OTT platform Eurosport Player, they said. The two companies also said they will collaboratively work on making premium sports events more widely available through streaming, including via current and future rights acquired by BAMTech and joint acquisitions. Disney also is working with BAMTech on its ESPN streaming service (see 1609220053), and it bought a third of the company for $1 billion (see 1608100024).

Singapore online platform YuuZoo is buying 33.3 percent of movie studio/entertainment group Relativity Media, with an option to buy a majority over the next 24 months, YuuZoo said in a news release Sunday. The deal marries its distribution platform -- which covers 69 nations and includes such partners as Alibaba subsidiary Alisports and African TV network NTA -- to Relativity Media's library of content, it said.

Time Warner Cable's (TWC) assertion that there was a collective bargaining agreement (CBA) with the International Brotherhood of Electrical Workers, AFL-CIO, Local Union No. 3 at the time of an alleged contractual breach ignores that the National Labor Relations Board (NLRB) definitively ruled the opposite, the union said in a reply brief (in Pacer) Friday in the 2nd U.S. Circuit Court of Appeals. The union said it doesn't dispute that through most of the arbitration process it also mistakenly believed there was a CBA with TWC, but TWC "is attempting an end run" around the statutory procedure for appealing the NLRB decision. And since TWC never asked for review of the NLRB decision by the appellate court, the court doesn't have jurisdiction to rule on the validity of that decision, the union said. Local 3 said it also isn't clear the arbitrator who awarded damages to TWC had authority to do so given a NLRB decision that no CBA was in place, and it isn't clear how expired contractual terms like a no-strike provision can survive the expiration of a CBA. Local 3 is appealing a U.S. District Court in Brooklyn ruling upholding those arbitrator awards, and the company is cross-appealing the portion of the Brooklyn court's judgment that denied confirmation of part of a 2015 final arbitration award ordering the union to refrain from further violations (see 1608300029). TWC, now owned by Charter Communications, didn't comment.