February, 19 2010, 03:33pm EDT
Industry and Consumer Groups Call on Comcast to Withdraw from Program Access Litigation Against FCC
Comcast's Continued Fight with FCC Calls into Question Promises the Company Made to Congress
WASHINGTON
Today consumer and industry groups concerned with the proposed
Comcast-NBC Universal merger called on Comcast Corp. to back up its new
promises of good behavior before Congress by withdrawing from its court
attack against the Federal Communications Commission on critical
pro-competition rules for the pay-TV distribution market.
"Under pressure from merger critics, Comcast CEO Brian Roberts
belatedly promised Congress that his company would abide by FCC program
access rules even if the courts declared them invalid," said Corie Wright,
policy counsel for Free Press. "Why would Comcast continue to spend
shareholder dollars trying to overturn an FCC regulation that its CEO
promises to follow regardless of the case's outcome? The fact that
Comcast didn't withdraw from the litigation raises concerns about
whether Comcast can be trusted to follow through on its commitment."
"Comcast seems to be promising federal regulators that it will abide
by the same rules that it now, in federal court, is seeking to have
thrown out," added Larry Cohen, president of the
Communications Workers of America. "What does it say about Comcast's
overall 'public interest commitments' when it so clearly is working to
undercut public policy for program access."
In the 1992 Cable Act, Congress adopted program access requirements
to ensure that competing multichannel video programming distributors
(MVPDs) had guaranteed access to satellite-delivered cable programming
owned or controlled by large incumbent cable operators like Comcast.
Twice renewed by the FCC, these pro-competition rules ensure that
programming distributors -- especially smaller, rural providers -- are
not cut off from video programming vital to their competitive success
in the marketplace.
On Dec. 3, 2009, Comcast and NBC Universal announced their $30
billion merger and agreed to an assortment of commitments that are
insufficient to address the serious public interest harms that will be
caused by this combining of media giants.
One of Comcast-NBCU's commitments dealt with applying FCC program
access rules to retransmission consent negotiations with NBC
owned-and-operated TV stations. The commitment would last, Comcast and
NBCU advised the public, "for as long as the FCC's current program
access rules remain in place."
Conspicuously absent from Comcast-NBCU's list of promises was any
acknowledgment that Comcast is at the same time asking the U.S. Court
of Appeals for the D.C. Circuit to toss out the most meaningful feature
of the program access rules: The ban on exclusive contracts between
cable operators and affiliated cable networks delivered via satellite.
"What Comcast conveniently failed to tell regulators is that it has
no intention of letting the FCC rules remain in place," said Andrew Jay Schwartzman,
president and CEO of Media Access Project. "If Comcast is successful in
eliminating the ban, the FCC's current program access rules would no
longer exist, and Comcast's commitment will have vanished before the
merger review is even concluded."
It remains to be seen whether Comcast will also challenge the FCC's
newly adopted regulations closing the so-called terrestrial loophole in
the program access rules. Until recently, the program access rules
covered programming delivered only by satellite. But these new rules
extend the program access regime to programming transmitted
terrestrially -- a change critical to ensuring that Comcast can't lock
up regional sports programming. Comcast opposed the adoption of the
rules during the FCC rulemaking proceeding.
"If Comcast challenges the application of these new rules in court
or at the FCC, it would further undermine the company's promise of good
behavior," said Jill Canfield, senior regulatory
counsel for the National Telecommunications Cooperative Association.
"Comcast has said that that program access rules are enough to protect
competition if the merger is approved -- but that's not very reassuring
so long as the company continues to chip away at these very same
protections."
Read the full letter here: www.freepress.net/file/Comcast_Program_Access_Litigation_Letter.pdf
The signatories to the letter are:
The American Cable Association
Communications Workers of America
Consumer Federation of America
Consumers Union
Free Press
Media Access Project
The National Telecommunications Cooperative Association
The Organization for the Promotion and Advancement of Small Telecommunications Companies
Public Knowledge
The Rural Independent Competitive Alliance
The Satellite Broadcasting & Communications Association
The Sports Fan Coalition
Free Press was created to give people a voice in the crucial decisions that shape our media. We believe that positive social change, racial justice and meaningful engagement in public life require equitable access to technology, diverse and independent ownership of media platforms, and journalism that holds leaders accountable and tells people what's actually happening in their communities.
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Big Pharma Drug Patent Abuses Cost Medicare Billions: Report
"As CMS negotiates the prices Medicare will pay for top-selling drugs, it should take into account the billions we've already lost due to these patenting tactics," said one researcher.
Dec 11, 2024
When the Inflation Reduction Act became law in 2022, it included a historic provision that gave the Centers for Medicare and Medicaid Services (CMS) the ability to negotiate maximum fair prices for select drugs. This means that CMS now has an important tool to resist high prices imposed by pharmaceutical companies and lower the cost that Medicare recipients pay for their drugs. So far, Medicare has negotiated the maximum fair prices for 10 drugs, which will go into effect January 1, 2026.
But according to a report released Wednesday by the watchdog group Public Citizen, the manufacturers behind these drugs are able to rely on another method to protect their profits: patent abuses and evergreening tactics.
The report defines "evergreening tactics" as the practice of "patenting trivial and/or obvious modifications of existing medications to lengthen exclusivity on branded medicines."
The makers of the drugs Eliquis, Imbruvica, Jardiance, Farxiga, and Entresto, for example, obtained patents on what constitute trivial or minor changes to earlier patent claims, "such as crystalline forms of drug compounds which would be discovered and managed during routine testing that is part of the drug approval process," according to Public Citizen. These new patents allow the manufacturers to extend their monopoly on these drugs.
"Big Pharma patent abuse is cheating Medicare enrollees of more affordable drugs and costing taxpayers billions," said Public Citizen Access to Medicines program researcher Jishian Ravinthiran in a statement.
"Patent abuses enable Big Pharma companies to unfairly extend their monopolies and keep prices artificially high. As CMS negotiates the prices Medicare will pay for top-selling drugs, it should take into account the billions we've already lost due to these patenting tactics," he added.
The report makes this same point, arguing that the agency's initial offers on pharmaceuticals should take into account how long-monopoly drugs have been able to obtain longtime exclusivities on medicines by manipulating patents.
This is paramount, Public Citizen argues, given the scope of lost savings. The group estimates that Medicare will lose somewhere between $4.9 and $5.4 billion in savings that should have accrued to taxpayers if four out of the 10 drugs did not take advantage of patenting tactics, and therefore would have faced greater competition prior to negotiation.
"These lost savings are nearly as much as what Medicare is expected to save if negotiated prices go into effect on all of the selected drugs in the first year of the program ($6 billion)," according to the report.
As an example, the drug etanercept, which is marketed as Enbrel, is on the list of 10 drugs that will be subject to a negotiated cap come January 2026. Etanercept's maker Amgen did not contribute to the original research and development of etanercept, per Public Citizen, it just acquired the original maker of the drug, Immunex, in 2002.
Immunex's patent of etanercept was set to expire in 2019, but "by using abusive patent practices" Amgen was able to extend the patent protections through 2029, according to Public Citizen. Amgen was able to evade competition of two potential "biosimilar" competitors, Erelzi and Eticovo, which received FDA approval in the 2010s.
Referencing analysis done in a separate report, Public Citizen estimated "that biosimilars could have entered the market after August 2019 were it not for Amgen's unwarranted patent exclusivities, and we calculated Medicare would have spent $1,891,500,836 less on a net basis had enrollees been able to use lower-cost alternatives by the time negotiated prices go into effect on January 1, 2026."
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Survivor of US Atomic Bombing Makes Plea to World With Nobel Acceptance Speech
"Let us all strive together to ensure that humanity is not destroyed by nuclear weapons, and to create a human society where there are no nuclear weapons and no war," said Terumi Tanaka.
Dec 11, 2024
Accepting the 2024 Nobel Peace Prize on behalf of the grassroots Japanese anti-nuclear group he co-chairs, Terumi Tanaka warned on Tuesday night that the world is moving in the opposite direction than the one hibakusha—survivors of the U.S. bombings of Hiroshima and Nagasaki—have demanded for nearly seven decades.
Tanaka is a co-chair of Nihon Hidankyo, an organization founded in 1956 by survivors of the bombings that had killed an estimated 140,000 people in Hiroshima and 70,000 in Nagasaki, with the death toll continuing to rise in later years as people succumbed to the effects of radiation.
The group accepted the Nobel Peace Prize in Oslo, with the Nobel Committee honoring Nihon Hidankyo "for its efforts to achieve a world free of nuclear weapons."
The organization aims to maintain a taboo around the use of nuclear weapons, which have only been used in combat by the U.S. in Japan in 1945.
Tanaka warned that there are currently 12,000 nuclear warheads in the arsenals of the U.S., Russia, China, and six other countries, and 4,000 of those "could be launched immediately."
"This means that the damage that occurred in Hiroshima and Nagasaki could be multiplied by hundreds or even thousands," said Tanaka, who is 92. "Let us all strive together to ensure that humanity is not destroyed by nuclear weapons, and to create a human society where there are no nuclear weapons and no war."
"It is the heartfelt desire of the hibakusha that, rather than depending on the theory of nuclear deterrence, which assumes the possession and use of nuclear weapons, we must not allow the possession of a single nuclear weapon," he added.
"I hope that the belief that nuclear weapons cannot—and must not—co-exist with humanity will take firm hold among citizens of the nuclear weapon states and their allies, and that this will become a force for change in the nuclear policies of their governments."
Tanaka said that "the nuclear taboo threatens to be broken," as evidenced by Israeli Heritage Minister Amihay Eliyahu's recent comment that a nuclear attack on Gaza would be "one way" to defeat Hamas.
"I am infinitely saddened and angered" by such statements, said Tanaka.
He described his experience as a 13-year-old when the U.S. bombed Nagasaki, just a couple of miles away from his family's house, which was crushed by the impact.
He said he later found the charred body of one of his aunts and saw his grandfather close to death from the burns that covered his body.
"The deaths I witnessed at that time could hardly be described as human deaths," Tanaka said. "There were hundreds of people suffering in agony, unable to receive any kind of medical attention."
"I hope that the belief that nuclear weapons cannot—and must not—co-exist with humanity will take firm hold among citizens of the nuclear weapon states and their allies, and that this will become a force for change in the nuclear policies of their governments," said Tanaka.
The International Campaign to Abolish Nuclear Weapons (ICAN) applauded Nihon Hidankyo and the hibakusha "for their resilience and willingness to share their stories over and over again, so that the world may learn and come together to say 'never again.'"
"It was their courage that enabled the [Treaty on the Prohibition of Nuclear Weapons] to be adopted, which represents the first progress on nuclear disarmament in decades," said Melissa Parke, executive director of ICAN, referring to the treaty that's been ratified by 73 countries.
"Listening to Mr. Tanaka describe the horrendous effects on his family and city when the Americans dropped their atomic bomb should convince world leaders they have to go beyond simply congratulating the hibakusha of Nihon Hidankyo for this award. They must honor them by doing what the hibakusha have long called for—urgently getting rid of nuclear weapons," said Parke. "That is the only way to ensure that what Mr. Tanaka and the other hibakusha have been through never happens to anyone ever again. As long as any nuclear weapons remain anywhere, they are bound one day to be used, whether by design or accident."
Jørgen Watne Frydnes, chair of the Nobel Committee, condemned the nine nuclear powers for "modernizing and building up their nuclear arsenals."
"It is naive to believe our civilization can survive a world order in which global security depends on nuclear weapons," Frydnes said. "The world is not meant to be a prison in which we await collective annihilation."
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US Ambassador to UN Slammed Over 'Right to Food' Rhetoric as Israel Starves Gaza
"She is on a shamelessness tour," journalist Jeremy Scahill said of American diplomat Linda Thomas-Greenfield.
Dec 11, 2024
The U.S. ambassador to the United Nations is facing backlash after delivering a speech earlier this week touting the universal "right to food" as the Israeli military—armed to the teeth with American weaponry—fuels widespread and increasingly deadly hunger in the Gaza Strip.
In remarks Monday at a gathering of U.N. and civil society leaders focused on global food insecurity, Thomas-Greenfield called hunger, starvation, and famine "man-made tragedies" that "can be stopped by us."
"Let me be clear: Every human being, everywhere, has the right to food," she continued. "For the United States, this is a moral issue. And it's an economic and national security issue."
Thomas-Greenfield's speech sparked derision given the Biden administration's continued military support for an Israeli government that has been accused of wielding starvation as a weapon of war in Gaza, where—according to the latest U.N. Food and Agriculture Organization assessment—food aid has reached an all-time low under Israel's suffocating blockade.
"Hunger is a man-made tragedy that you helped make in Gaza."
Oxfam and other human rights groups have said that by arming the Israeli military as it obstructs humanitarian aid, the Biden administration is complicit in the starvation of Palestinians in Gaza and Israel's repeated attacks on aid workers attempting to feed the enclave's hungry.
"She is on a shamelessness tour in her final weeks as U.S. ambassador to the U.N.," journalist Jeremy Scahill wrote Wednesday in response to Thomas-Greenfield's speech. "She presided over numerous cease-fire vetoes as part of an administration that facilitated Israel's starvation policy against the Palestinians of Gaza. Listen to her remarks on 'hunger' in that context."
Yesterday, @USUN brought together humanitarian leaders to discuss solutions to the global food insecurity crisis.
Hunger is a man-made tragedy. But if it caused by man, that means it can be stopped by us, too.
Every human being, everywhere, has the right to food. pic.twitter.com/zczlerRHEc
— Ambassador Linda Thomas-Greenfield (@USAmbUN) December 10, 2024
Middle East scholar and analyst Assal Rad, wrote that Thomas-Greenfield's vetoes at the U.N. "have helped Israel continue its genocide and deliberately starving people."
"Hunger is a man-made tragedy that you helped make in Gaza," Rad added.
Despite Thomas-Greenfield's insistence that addressing global food insecurity has long been a priority for the world's wealthiest and most powerful nation, the U.S. and Israel were the only two countries to vote against a U.N. committee draft on the right to food in 2021.
On Tuesday, the Biden administration welcomed to the White House former Israeli Defense Minister Yoav Gallant, who—along with Prime Minister Benjamin Netanyahu—is facing an arrest warrant from the International Criminal Court for "the war crime of starvation as a method of warfare," among other crimes.
"Today is Human Rights Day—a date chosen to honor the UN’s adoption of the Universal Declaration of Human Rights in 1948," the Institute for Middle East Understanding Policy Project wrote Tuesday. "Biden's White House is dishonoring this day by hosting a confirmed war criminal who conducted a genocide, and starved and targeted Palestinian civilians."
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