John Eggerton

Broadcasters and cable operators who want to get compensated for post-incentive auction repack expenses, and broadcasters who want to get their incentive auction winning bid payments, need to read the latest Federal Communications Commission public notice. That notice, released on the eve of the March 30 close of the incentive auction, says it contains "essential steps that Payment Applicants must take before receiving incentive payments based on winning reverse auction bids or payments from the Television Broadcaster Relocation Fund (the Fund) for expenses eligible for reimbursement." That includes how to enter and update bank account information, tracking those payments, and the impact of ownership changes.

The notice reads, "Before the Commission can direct disbursement of incentive payments, a winning bidder must certify its agreement with and acknowledgement of specified payment terms and provide necessary information regarding the account to which the incentive payment should be made." The FCC can't yet say when broadcasters will be getting their money, since it depends on when the forward auction bidders pony up the cash for their spectrum. Broadcasters will get their winnings in a lump sum, with stations in the first phases of the repack getting the money first if the FCC is not able to hand it all out at once. The FCC will release a "Ready to Pay" public notice when it is ready to pay broadcasters, or multiple notices if it has to pay the first-phase stations first. That will depend on how much and when they collect from forward auction bidders.

Federal Communications Commission Chairman Ajit Pai was already getting pushback from Capitol Hill, his fellow Democratic commissioner, and others soon after he announced the plan to roll back the FCC's Lifeline eligibility program in favor of letting states decide who should get to provide the subsidized broadband service to low income residents. “This is another effort by President Trump’s FCC to inflict death by a thousand cuts on the Lifeline program," said House Commerce Committee Ranking Member Frank Pallone (D-NJ), Communications Subcommittee Ranking Member Mike Doyle (D-PA), and Rep Doris Matsui (D-CA) in a joint statement. "Through lawyerly maneuvering, the FCC is trying to disguise its efforts to eliminate a system designed to make it easier for anyone who needs access to broadband to get it—no matter where they live. We will continue to fight for this important program that keeps struggling families across the country connected.” “Chairman Pai's statement confirms that under this Administration low-income Americans will have less choice for Lifeline broadband, and potential providers who want to serve low-income Americans will face greater barriers to entry and regulatory uncertainty," said Democratic FCC commissioner Mignon Clyburn. "While today's announcement is not surprising, it is nonetheless deeply disappointing.”

Corporation for Public Broadcasting president Patricia Harrison was on Capitol Hill March 28 to pitch full funding for noncommercial TV and radio—even as President Donald Trump has proposed cutting all federal funds—but to some Republican pushback over a familiar topic: alleged liberal bias, though to some encouraging words from the Republican chairman of the subcommittee. She also signaled that Federal Communications Commission spectrum auction funds wouldn't be a big boon for noncommercial stations looking for funding elsewhere. Harrison asked for full funding for 2020 (the service is forward-funded to attempt to insulate it from politics), $55 million for 2018 for interconnection systems and $30 million for the Ready to Learn program at the Department of Education.

The News Media Alliance, the principal newspaper association, has told the Federal Communications Commission there is no "rational explanation" for the commission to continue to preserve the 1975 newspaper-broadcast crossownership ban and that to do so limits their ability to be the counterpoint to the current spate of "fake news."

NMA made the point in comments to the FCC in support of the National Association of Broadcasters, which asked the FCC to reconsider its quadrennial media ownership rule review conclusion last summer that the ban should remain in place. NMA says the rule undermines local news and prevents newspapers from competing in a crowded media landscape. The National Association of Black Owned Broadcasters, which also backs NAB's reconsideration petition, said that the ban limits competition and hurts broadcasters large and small. NMA said the same applies to newspapers, adding: "A threat to newspapers is a threat to the American people."

Demand Progress is asking for contributions for a "grassroots" push to fight Republicans' effort to repeal the Federal Communications Commission's broadband privacy rules.

The Senate voted recently along party lines (50 to 48 (with two senators not voting) to invalidate the October order, which Internet service providers, advertisers and some others want either Congress or the FCC to roll back. The House is expected to vote on the bill March 28. In an e-mail solicitation on March 26, Demand Progress made it all about Comcast--a frequent Big Media target. "Will you chip in $5 to help stop Comcast from selling my personal financial information and browsing history?," it asked, pointing out that the bill would now be taken up in the House, "unless we can kill this awful idea."

The Register of Copyrights Selection and Accountability Act of 2017 was introduced late March 23. The bipartisan bill, co-sponsored by House Judiciary Committee Chairman Bob Goodlatte (R-VA) and Ranking Member John Conyers (D-MI), would make the position a presidential appointment, requiring confirmation by the Senate, and with a term limit of 10 years.

Currently it is an appointment of, and reports to, the Librarian of Congress and has no term limit. The Register of Copyrights oversees the Copyright Office, whose opinion that online video streamers aren't pay-TV providers when it comes to compulsory license eligibility was just deferred to by the Ninth Circuit in ruling against streamer FilmOn X. The duties of the registrar include "legal interpretation of the copyright law...promulgating copyright regulations; advising Congress and other government officials on domestic and international copyright policy and other intellectual property issues."

The Department of Justice has reached a settlement with DirecTV parent AT&T in which it agreed not to share "confidential, forward-looking information with competitors." The antitrust division filed suit Nov. 2 and alleged that DirecTV was the lead entity in "information exchanges" with competitors — Cox, Charter and AT&T — during negotiations for Time Warner Cable-owned SportsNet LA and its Dodgers games.

The agreement stipulates that "when DirecTV and AT&T negotiate with providers of video programming, including negotiations to telecast the Dodgers Channel, they will not illegally share competitively sensitive information with their rivals." There will also be mandatory monitoring — by the companies, not the government — of communications between programming execs and rival companies, as well as compliance programs and "antitrust training."

Warning that Senate Republicans are pushing for a vote on rolling back Federal Communications Commission broadband privacy regulations as early as March 23, Public Knowledge is trying to get supporters of the regulations to ask their Congresional members to push back. Apparently, a vote in the Senate is likely the week of March 20.

Not surprisingly, Dish blamed Hearst for the ongoing retransmission consent impasse that kept Hearst stations of the satellite operator. That came in response to a letter from Rep Anna Eshoo (D-CA) late last week. Rep Eshoo, whose constituents are affected by the impasse, said the failure to reach a new deal--Hearst stations in 26 markets have been off Dish for the past two-plus weeks--was harming viewers. She said she was unhappy that the companies did not take steps to keep Hearst stations on Dish during the impasse.

Rep Eshoo pointed out that the station in her market KSBW, was also off during a Hearst-DirecTV impasse earlier this year. She said she hoped they would resolve the dispute ASAP, and said she would continue to push for making retrans "blackouts" illegal, saying consumers should not be pawns in such disputes.

Sens Ed Markey (D-MA) and Kirsten Gillibrand (D-NY) wrote President Donald Trump to register their opposition to defunding the Corporation for Public Broadcasting. “Any funding cuts to the CPB could create a content deficit where the public no longer has access to enriching educational, civic, and entertainment shows for all Americans, regardless of ethnic, racial or socio-economic background,” they wrote. “With its near universal footprint, CPB provides virtually all Americans with access to this educational content and top-caliber local, regional, and national news. Approximately 99% of all Americans can enjoy this public media, regardless of how much money they earn or where they live.” They made a point of supporting independent sources of news. They pledged to oppose any attempt to decrease funding, much less eliminate it.