Proposal Made To Ban Covered Entity Labs From FCC Certification Program

The FCC is set to vote May 23 on a proposal to ban labs owned by companies deemed to be national security risks from its equipment authorization program. Companies on the agency’s “covered list” are already barred from receiving FCC authorizations necessary to sell new wireless products, as well as from being vendors for federally funded projects. The proposal circulated Thursday would prohibit labs and facilities from conducting tests for the agency as part of that authorization program if they’re at least 10% owned by a covered list entity.

TikTok Sues U.S. Government Over Law Forcing Sale Or Ban

The social media company and its Chinese parent, ByteDance, sued to challenge the new law, saying it violated users’ First Amendment rights.

Meta Seeks Do-Over In Battle With Advertisers Over Inflated Metrics

Meta Platforms is urging a federal appellate court to reconsider a recent 2-1 decision allowing Facebook and Instagram advertisers to proceed with a class-action fraud lawsuit over inflated metrics. In papers filed with the 9th Circuit Court of Appeals, Meta says the panel ruling doesn’t “make any sense in a case like this,” given that the class of affected advertisers includes entities ranging from Fortune 500 companies to small businesses to government agencies. Meta adds that the ruling will make it “virtually impossible” for defendants in other lawsuits to oppose class-action certification.

BRAND CONNECTIONS

Judge Grills U.S. And Google On Antitrust Claims

Judge Amit P. Mehta tried poking holes in the closing arguments of a landmark monopoly case as he weighs a ruling that could reshape tech.

FuboTV-Led Coalition Asks Congress For Hearing On Disney-Fox-Warner Sports Streaming Platform

DirecTV, Dish Network and Newsmax also joined the call for hearings in Washington, D.C. into the future of pay TV competition and its impact on consumers.

Klobuchar Decries ‘Decaying Democracy’ Impact Of Local News Declines

Sen. Amy Klobuchar on Thursday plugged her bill in Congress aimed at helping local media get more compensation from the likes of Facebook and Google by collaborating under an exemption from antitrust regulation — fittingly at the Business of TV News event in Washington. The Minnesota Democrat, who chairs the Judiciary Subcommittee on Competition Policy, Antitrust, and Consumer Rights, co-sponsored (with Republican Sen. John Kennedy of Louisiana) the Journalism, Competition and Preservation Act. That bill, which she said cleared the Judiciary Committee by a 14-7 bipartisan vote, helps address the challenges faced by news organizations that have seen revenue decline while Big Tech thrives.

Republicans Call On NPR’s CEO To Testify About Political Bias Accusations

Katherine Maher, the radio network’s new chief executive, has been in the spotlight since an editor published an essay accusing the organization of leftward-leaning bias.

NET NEUTRALITY

FCC Reclaims Some Broadband Oversight From FTC

The FCC announced on Tuesday that it has signed a memorandum of understanding with the Federal Trade Commission taking back some oversight duties over broadband providers. The MOU dissolves the agencies’ 2017 agreement in which the FTC took on enforcement duties after the Trump-era FCC repealed net neutrality rules and reduced its authority over ISPs. The FCC voted to restore those rules last week and reclassify broadband providers as common carriers under Title II of the Communications Act.

Felony Charges Dropped Against KTBC Austin Photog Arrested During Protest

AI & THE MEDIA

Eight U.S. Newspapers Sue ChatGPT-Maker OpenAI And Microsoft For Copyright Infringement

The New York Daily News, Chicago Tribune, Denver Post and other papers filed the lawsuit Tuesday in a New York federal court.

Hunter Biden Declares War On Fox News With Threat Of ‘Imminent’ Lawsuit

Hunter Biden is threatening to sue Fox News for defamation, exploitation of his image and publication of hacked photographs, according to a letter obtained by Axios that was sent to the news channel last week. It’s the latest salvo in the president’s son’s more aggressive legal and press strategy over the past year amid criminal charges and tabloid coverage, and first big move after navigating the impeachment inquiry into his father.

Charles ‘Todd’ Hill, Former HGTV Star Of ‘Flip It To Win It,’ Off To Prison For Million-Dollar Fraud Scheme

‘Mixed-Ish’ Creators Prevail In Idea Theft Lawsuit

A state appeals court delivered a fatal blow to the lawsuit from actress Hayley Marie Norman, who accused the creators of the Black-ish spinoff of stealing materials from a show she was pitching.

Judge Suggests FTC Should Conduct New Study Of ‘Click To Cancel’ Proposal

COMMENTARY

Heard About The FTC’s Ban On Noncompetes? The Truth Is Worse

Scott R. Flick: “On Tuesday, the Federal Trade Commission announced a new rule banning employee noncompete agreements, treating them as harmful and an ‘unfair method of competition.’  This includes noncompetes in the broadcast industry, where they serve a vital purpose that was given short shrift by the FTC.

Media Mogul Soo Kim Files Racial Discrimination Suit Against FCC

The Korean American believes a Black tycoon was favored because of government’s diversity goals.

FCC Reinstates Net Neutrality In Blow To Internet Service Providers

Major internet providers once again will have to abide by a set of robust rules of the road, prohibiting them from blocking or throttling traffic, as the FCC today reinstated net neutrality regulations. The commission voted 3-2 along party lines to adopt the rules, which broadly prohibit Comcast, AT&T, Verizon and other providers from favoring some types of internet traffic over others. The latest net neutrality rules resemble those adopted in 2015, when the FCC voted to reclassify internet service like a common carrier, or the same regulatory designation given to phone service.

Business Groups Race To Block FTC’s Ban On Noncompete Agreements

The nation’s biggest business lobbying group and a national tax-services firm have sued the Federal Trade Commission.

Biden Signs TikTok ‘Ban’ Bill Into Law, Starting The Clock For ByteDance To Divest It

President Joe Biden signed a foreign aid package that includes a bill that would ban TikTok if China-based parent company ByteDance fails to divest the app within a year. The divest-or-ban bill is now law, starting the clock for ByteDance to make its move. The company has an initial nine months to sort out a deal, though the president could extend that another three months if he sees progress.

Hollywood’s Urge To Merge Is Dampened By Antitrust Policy Debate In Washington

What To Know About The FTC Ban On Noncompete Agreements

How The TikTok Ban Could Survive A Court Challenge

Texas AG Appeals Order Blocking Investigation Of Media Matters

Texas Attorney General Ken Paxton on Tuesday appealed an order that effectively blocked his investigation of the watchdog Media Matters, which issued a critical report about brand safety on the social platform X. Earlier this month, U.S. District Court Judge Amit Mehta in Washington prohibited Paxton from attempting to enforce a subpoena for a trove of information, ruling that he likely violated Media Matter’s First Amendment rights by issuing the subpoena in retaliation for the group’s report about ads on X. Paxton will ask the D.C. Circuit Court of Appeals to lift that injunction. The Texas official hasn’t yet made substantive arguments to that court.

Senate Passes Bill Forcing TikTok’s Parent To Sell Or Face Ban, Sends To Biden For Signature

The TikTok legislation was included as part of a larger $95 billion package that provides foreign aid to Ukraine and Israel and was passed 79-18. It now goes to President Joe Biden, who said in a statement immediately after passage that he will sign it Wednesday. Pictured: A TikTok content creator, speaks to reporters outside the U.S. Capitol on Tuesday, April 23, as Senators prepared to consider legislation that would force TikTok’s China-based parent company to sell the social media platform under the threat of a ban, a contentious move by U.S. lawmakers. (Mariam Zuhaib/AP)

THE PRICE POINT

Killing Noncompetes Could Deliver A Body Blow To Broadcasters

If the Federal Trade Commission’s decision to ban noncompete agreements stands, anchors and many reporters should brace for the probability of seeing their salaries fall.

FTC Votes To Ban Noncompete Agreements

The Federal Trade Commission voted 3-2 Tuesday to ban noncompete agreements that prevent tens of millions of employees from working for competitors or starting a competing business after they leave a job.

Nexstar Urges FCC To Reverse Its Ruling Ordering Sale Of WPIX

Nexstar Media Group is asking the Federal Communications Commission to cancel its order that WPIX New York be divested by Mission Broadcasting, claiming that the agreements under which Nexstar runs the station for Mission are legal and approved by the commission. Nexstar also wants a $1.2 million fine levied against it by the FCC canceled. Mission was also fined $612,395 as part of the commission’s Notice of Apparent Liability. “Through the NAL, the commission seeks to wield its enforcement authority in a myriad of improper ways,” Nexstar said in its response.

House Passes New Bill To Force TikTok Sale

The fate of TikTok in the United States is even more uncertain as the House on Saturday voted on a package that requires that parent ByteDance divest its popular social media platform or face a ban on app stores. Lawmakers passed the bill 360-58, part of a series of votes to break a six-month standoff over a $95 billion aid package to Ukraine as well as to Israel and to Taiwan and the Indo-Pacific. The Senate is expected to take up the package of bills, including Ukraine, Israel and Taiwan aid, soon, perhaps as soon as April 23.

New York Judge Sets Hearing For Fubo, Fox-Disney-WBD Sports Streaming Legal Fight

A preliminary injunction hearing for Fubo’s legal battle against Fox, Disney and Warner Bros. Discovery’s sports streaming joint venture has been set for Aug. 7 at 9:30 a.m. by the U.S. District Court for the Southern District of New York. The hearing will continue on Aug. 8 and Aug. 9, if necessary.

FCC Targets Pay TV Contract Terms Deemed Harmful To Independent Programmers

Federal regulators on Friday announced a new plan designed to advance the interests of independent video programmers that have complained for years about restrictive contract terms demanded by pay TV distributors. FCC Chairwoman Jessica Rosenworcel said she launched the rulemaking in response to independent programmers that “continue to express concern about the challenges they have getting their programming on the channel lineup of cable and satellite television.”