WASHINGTON—Sen. Richard Blumenthal (D-Conn), ranking member of the Senate Permanent Subcommittee on Investigations (PSI), has written FCC Enforcement Bureau Chiefs Patrick Webre and Erin Boone asking for information about its announcement that it would enforce “equal time” rules on late-night TV and talk shows.

As previously reported, the Federal Communications Commission in January issued new guidance on broadcast “equal time” rules which said stations airing “partisan” talk shows and late night programs must comply. This erupted into a major controversy when Stephen Colbert, host of CBS’s "The Late Show," said the network refused to allow him to air an interview with a Democrat running for the U.S. Senate in Texas.

The interview with Texas State Rep. James Talarico has since passed 8.8 million views on YouTube.

“FCC Chair Carr’s attempt to ground his partisan censorship scheme under legal pretense willfully misinterprets and disregards decades of settled precedent and ignores Americans’ fundamental freedom of speech guaranteed by the First Amendment,” Blumenthal wrote in a letter to Webre and Boone. “Congress provided statutory exemptions to the equal time rule in 1959 for bona fide news interviews and newscasts, fearing that the onerous application of the rule ‘would tend to dry up meaningful radio and television coverage of political campaigns’ and impose a ‘virtual blackout in the presentation of candidates on the news-type programs.’”

Blumenthal also wrote to Paramount Global Chairman and CEO David Ellison regarding the decision not to air the interview.

“While CBS claimed Mr. Colbert could host all other candidates, in practice that would require providing airtime for up to 14 other candidates, which would create exactly the ‘virtual blackout’ that Congress sought to prevent by enacting an exception to the equal time rule in 1959,” Blumenthal wrote in a letter to Ellison.

Blumenthal continued: “Additionally, the Subcommittee is engaged in an inquiry into political favoritism and the apparent corruption of antitrust review under the Trump Administration, including the FCC’s review of Skydance’s acquisition of Paramount and Paramount’s attempts to acquire Warner Bros. Paramount’s decision to comply, while it is attempting to enlist the Department of Justice and White House to intervene in the Warner Bros.’ transaction, calls into question its motivations for silencing Mr. Colbert.”

As ranking member of PSI, Blumenthal said he is conducting a preliminary inquiry into the FCC’s abuse of power, including dubious investigations and misrepresentations of the law to silence free speech. In September, Blumenthal hosted a public forum with Sen. Elizabeth Warren (D-Mass.) on what they called the Trump Administration’s efforts to use the FCC and government authority to chill First Amendment-protected speech and independent, fact-based news reporting.

The full text of Blumenthal’s letter to Webre and Boone is available here. The full text of Blumenthal’s letter to Ellison is available here.

WASHINGTON—The potential confirmation of Nathan Simington to replace Michael O’Rielly as a commissioner for the FCC has been put in jeopardy, as Sen. Richard Blumenthal (D-Conn.) has said that would put a hold on the nomination unless Simington commits to recusing himself from any decision regarding Section 230 of the Communications Decency Act, according to a report from TVT’s sister publication Multichannel News.

Section 230 has been a hot-button issue on Capitol Hill. It gives social media networks immunity from civil liability for how they moderate their networks. President Trump has been urging for it to be modified, and FCC Chairman Ajit Pai said that he would look into potential action.

It is reported that O’Rielly, who was up for renomination as a commissioner, had his nomination pulled because he questioned whether the FCC had the authority to look into Section 230.

Simington, who had a hearing in front of the Senate Commerce Committee on Tuesday, Nov. 10, testified that he participated in the writing of the petition by the National Telecommunications & Information Administration to the FCC seeking modification/clarification of Section 230, and that as an FCC commissioner he would support the effort. He also said that he had conversations with the White House about Section 230 after being nominated to fill the open commissioner position by Trump.

Simington said it was too early to recuse himself, but that he would follow the advice of the FCC ethics officials on the matter.

Earlier in the day, President Trump offered his support to Simington via Twitter, saying that he hoped that Republicans would confirm him “ASAP.”

In addition, Democrats from the House Energy & Commerce Committee sent a letter to the FCC asking that, amid the results of the presidential election and the transition from Trump to President-Elect Joe biden, that all controversial/partisan matters on the FCC’s docket be put on hold. This would include Section 230.

WASHINGTON—U.S. Senators Ed Markey (D-Mass.), Richard Blumenthal (D-Conn.) and Ron Wyden (D-Ore.) have all signed a letter that criticizes AT&T for a practice that they allege blatantly favors HBO Max over other streaming services and would have constituted a violation of previous net neutrality rules.

According to a report by The Verge, AT&T is excluding the HBO Max streaming service, which AT&T owns, from traditional data caps and the soft data caps on unlimited plans. Other streaming services, like Netflix and Disney+, are still subject to these data caps.

AT&T says that HBO Max is benefiting from the company’s “sponsored data” system, which enables content companies to pay AT&T for the right to be exempt from data caps. However, the senators note that since HBO Max is owned by AT&T, the company is “essentially paying itself.”

“Although your company has repeatedly stated publicly that it supports legally binding net neutrality rules, this policy appears to run contrary to the essential principle that in a free and open internet, service providers may not favor content in which they have a financial interest over competitor’s content,” the letter reads.

The senators believe that this practice from AT&T would be considered “zero-rating,” which allows end users to access content without the required data usage counting toward the caps on the users’ plans. Prior to what the trio says was efforts to “eviscerate critical rules” by the current FCC, such practices were deemed harmful conduct and discrimination of competitors in favor of their own affiliates.

“Zero-rating carries a risk of manipulating the content marketplace in ways that ultimately harm internet users,” the letter argues.

“The Trump FCC may have gutted critical net neutrality protections, but AT&T nonetheless has a responsibility to avoid any policies or practices that harm consumers and stifle competition,” the letter reads.

The senators ask that AT&T provide an explanation for these actions by June 25.

The full letter is available online. 

WASHINGTON—The Radio Television Digital News Foundation has unveiled its list of seven winners for the 30th annual First Amendment Awards. The First Amendment Awards honor the role that journalists play in local and national media promoting the First Amendment.

Winning the 2020 Leonard Zeidenberg First Amendment Award is ABC News’ David Muir. The Leonard Zeidenberg Award, named after the late Broadcasting & Cable senior correspondent, is presented to a radio or TV journalist or news executive who made a major contribution to the protection of First Amendment freedoms. Muir, in his role as ABC World News Tonight anchor, offers dispatches from Afghanistan, Iraq, Iran, Beirut and other global hotspots.

The simply named First Amendment Award, which recognizes an outstanding individual or organization that champions the First Amendment and press freedoms, went to CBS News’ “60 Minutes.” On air for 52 seasons, “60 Minutes” is known for shedding light on important subjects and holding its subject accountable, per RTDNF.

Robert Horner of NBC News was the honoree for the First Amendment Service Award, given to a professional in local or network news that works off-air, behind the scenes. Horner is the creator and was president for 27 years of NBC News Channel, a feed service for local NBC affiliates and NBC’s international partners.

The First Amendment Leadership Award was won by Barbara Maushard, the senior vice president of news at Hearst Television. The Leadership Award is presented to a business, government or other leader that contributed to the freedom of the press.

Recognizing a journalist that went to extreme lengths to provide meaning and context to a complicated news story or issue of extreme importance, the 2020 First Amendment Clarity Award was presented to Lori Montenegro, the Washington Bureau Chief of Telemundo.

Earning the First Amendment Defender Award for taking a public stand in support of press freedom was Sen. Richard Blumenthal (D-Conn.)

Lastly, the Lifetime Achievement Award recognized Steve Andrews, senior investigative reporter from WFLA-TV in Tampa, Fla. His career has spanned 35 years, covering stories that in many cases have helped change laws.

“This year’s honorees are a mix of local and network journalists that provide illuminating reporting, a respected national news program which holds the powerful accountable and a visionary who defends the public’s right to know,” said Jerry Walsh, RTDNF chairman and vice president of local content development at Nexstar Broadcasting.

All of the winners will receive their awards at the First Amendment Awards Dinner & Show on March 5 in Washington, D.C. For more information, visit www.firstamendmentawards.org. 

WASHINGTON—Just shy of a week ago, more than 120 Nexstar-owned TV stations went dark for AT&T customers in 97 markets, two of which included WTNH and WCTX in the Hartford-New Haven market of Connecticut, over a retransmission dispute between the two companies. Sen. Richard Blumentahl (D-Conn.), on behalf of his constituents in those areas, recently sent a letter to the heads of both companies asking that the stations go back on the air, at least temporarily.

When the blackout on DirecTV, DirecTV Now and UVerse TV initially took place on July 3 across the nation, Nexstar said that it had offered AT&T an extension until Aug. 2 to keep the stations on-air as negotiations continued, but AT&T declined. AT&T, meanwhile, has argued that Nexstar is asking for an unfair increase in retransmission fees despite viewership decline on the big four networks over the last five years.

In his letter, Blumenthal, while claiming not to take sides, writes that the denial of service from this blackout is “unfair and unnecessary” to Connecticut residents. He says the two sides should continue to negotiate in good faith and have the stations go back on-air at least until Aug. 2, as originally proposed in Nexstar’s extension.

“This extension will allow parties sufficient time to come to an agreement without barring AT&T/DirecTV consumers from viewing their local news coverage,” Blumenthal writes. “This cutoff seems to have the sole purpose of enhancing DirecTV bargaining leverage—with severe harm to Connecticut consumers.”

Blumenthal does go on to write that he understands that AT&T is reluctant to pay more for the same programming, but that Connecticut residents value their local journalism and broadcasting and that the public interest is best served by returning carriage of WTNH and WCTX “as early as possible.”

He also suggests that while the blackout is going on, DirecTV should refund those impacted by blackout a portion of their monthly bill that is “commensurate” with WTNH and WCTX’s value.

WASHINGTON—The merger between Comcast and NBC Universal has come in the cross hairs of Sen. Richard Blumenthal (D-Conn.), who penned a letter last week to the Department of Justice’s Antitrust Division to take a closer look at the merger and whether or not it fairly promotes competition.

Sen. Richard Blumenthal

The Comcast-NBCU merger was originally proposed in 2011 but was given conditions that are set to expire in September 2018. Blumenthal writes that even despite these conditions, the acquisition has been criticized by experts that is has caused anticompetitive harm. Blumenthal calls on the DOJ to open an investigation into complaints lobbied against the Comcast-NBCU merger to determine if the acquisition can be allowed to stand without the conditions that currently govern it. Blumenthal also asks that the U.S. District Court for D.C. leave the original conditions on the merger, as the court has the power to extend or modify the conditions.

“Given your responsibilities as head of the Antitrust Division to enforce our nation’s antitrust laws, it is incumbent on you to continue to ensure that Comcast’s acquisition of NBCU does not undermine free and fair competition,” Blumenthal wrote.

Some of the key provisions highlighted by Blumenthal in the restrictions is the anti-retaliation provisions, which require Comcast and NBCU not to discriminate against certain type of competitors. The senator also asked that these provisions be expanded by the D.C. District Court to cover competitors that would have been protected from retaliation under conditions overseen by the FCC; those conditions are scheduled to sunset on Jan. 20, 2018.

The FCC’s reversal of net neutrality rules could also play a part in competition on the internet, according to Blumenthal. He writes that the new rule could allow Comcast-NBCU to discriminate against online video distributors.

Depending on the results of the proposed investigation, Blumenthal says that the DOJ would need to consider breaking up the Comcast-NBCU merger altogether to fully restore competition.