OMG 2! FCC Passed Title II 3-to-2! Calling all Communications Lawyers! Suits Filing Suits Everywhere! Hurry, Hurry! – Paul S. Maxwell

My new book, “The Revolutionary Evolution of the Media,” continues! Read the latest chapter here.

Comment: And we still don’t know what the new rules from the Federal Confusion Commission actually say … but, oddly, the new rules will immediately take effect when someday the Federal Register publishes these new Title II “public utility” rules … cue the lawyers … though they can’t sue until the orders actually take effect, someday. For the record, FCC Chairman Tom Wheeler thinks a stay is a “high hurdle” saying all the major players have said they won’t do what the new rules prevent anyway … the question is about any company’s standing to sue.

Also, mark your calendars for March 17 as Wheeler has been “invited” to testify before the House Oversight Committee (Chaired by Jason Chaffetz, R-UT). You might want to double mark the 17^th as House Judiciary Chairman Bob Goodlatte (R-VA) has also invited Wheeler for that busy Tuesday. Then on March 18, Sen. John Thune (R-SD) is set to hold hearings that, he hopes, might lead to a reversal of the FCC vote. It’s back to the House as its Communications Subcommittee will (hope to) host all five FCC members at a general oversight hearing later the next day, March 19 … at least that’s what Chairman Rep. Greg Walden (R-OR) told C-SPAN’s Communicators program. Prepared testimony for all?

On the other hand, the National Venture Capital Association backs the Title II decision. No whining from Sprint or T-Mobile either. And The New York Times reported net neutrality in the Netherlands is actually more or less OK.

Meanwhile, DC-based communications law firms are on high alert … which firm and which client will win the race to file first?

Before Title II became the (someday) law of the land, the FCC also decided (3-to-2 of course) that cities and municipalities are OK to build broadband networks even though many state laws prohibit that. As soon as that vote was taken and even before the text was released, Sen. Thom Tillis (R-NC) and Rep. Marsha Blackburn (R-TN) introduced legislation to override the FCC. Two cities had petitioned the FCC to pre-empt the state laws; guess which states they’re in? You guessed it, Tennessee (Chattanooga) and North Carolina (Wilson).

Of interest, but hardly unusual these days, the biggest splits on going forward activities are between two sets of Republicans … one wanting to find a way to play, the other dead set on dead set.

Also, do the new rules make the Comcast/Time-Warner Cable combination more or less likely? I’d guess more. If the rules stand, quite a lot of the complaints about bad acting are moot.

And if the markets don’t really care, why should anyone? (Except, of course, ACA members … still on their side on this … just simple unnecessary over-reaching.)

In other happenings of note :

Live long and prosper.

Nexstar reported retransmission consent revenue up 65% to $44.1m … all for being pretty good negotiators with cable systems. Nice hidden subscription over-charge remitted to free over-the-air broadcasters.

Comcastic service! Well, at least they didn’t change my name on the bill … they just lost internet for Summit County, Colorado from 7:02 am (I think, last email date stamp) to 2:11 pm. Wonder if I’ll get a small rebate? Or a new name?

Chris Berman: “Come on, man!” So I was in Bristol for lunch and a phony Sports Center interview (for CableFAX online video back in the day) with friend and then ESPN honcho George Bodenheimer. I got there early and was stashed in an empty office with The New York Times until George was available. About 10:30 Chris Berman opened his small office door, looked at me and said, “Who the f*** are you?” Then smiled and said, “Hi, I’m Chris Berman, who put you in my office? I’m gonna get ‘em.” “George,” I said, followed by, “I’m Paul Maxwell from CableFAX, nice to meet you.” That’s Berman, profane and friendly. He’ll soon get yet another award and honor and enter yet another Hall of Fame. The Cable Center Hall of Fame will join a long list of awards including six National Sportscaster of the Year awards from the National Sportscasters and Sportswriters; 10 Emmy Awards; 12 CableACEs; the Pete Rozelle Radio-Television Award from the Pro Football Hall of Fame. Berman graduated from Brown University with a BA in history … he’s been making it ever since he joined ESPN in October of 1979 as a 24-year-old anchor. Going to be very nice to see him again in May.

The 18^th Annual Cable Center Hall of Fame dinner is set for Tuesday, May 5^th at the Navy Pier (600 East Grand Avenue in Chicago) during the INTX (nee: The Cable Show) that week.

In an almost 50-year career writing and reporting on media, Paul S. Maxwell started and/or ran some 45-plus publications ranging from CATV Newsweekly to Colorado Magazine to CableVision to Multichannel News to CableFAX and The BRIDGE Suite of daily newsletters and research publications. In between publishing stints, Maxwell served as an advisor and/or consultant to a number of major media companies and media start-ups including running a unit of MCI and managing a partnership of TCI and McGraw-Hill.

Send any and all criticisms, suggestions, rants, threats, corrections, etc. to him at cablemax@mac.com. He has a new Web site coming soon!

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