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Clues From D.C. Plane Crash Suggest Multiple Failures in Aviation Safety

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Clues From D.C. Plane Crash Suggest Multiple Failures in Aviation Safety

Clues emerging from the moments before the deadly collision Wednesday night between an Army helicopter and an American Airlines passenger jet suggest that multiple layers of the country’s aviation safety apparatus failed, according to flight recordings, a preliminary internal report from the Federal Aviation Administration, interviews with current and former air traffic controllers and others briefed on the matter.

The helicopter flew outside its approved flight path. The American Airlines pilots most likely did not see the helicopter close by as they made a turn toward the runway. And the air traffic controller, who was juggling two jobs at the same time, was unable to keep the helicopter and the plane separated.

An F.A.A. spokesman said the agency could not comment on the ongoing investigation, which is being led by the National Transportation Safety Board. Crash investigators will spend the next several months reviewing flight data, recordings from inside the cockpits, weather patterns, as well as interviewing controllers and others involved to try to figure out what went wrong.

But the catastrophe already appeared to confirm what pilots, air traffic controllers and safety experts had been warning for years: Growing holes in the aviation system could lead to the kind of crash that left 67 people dead in the Potomac River in Washington.

Even before an official cause is determined, there were signs Wednesday that pilots and air traffic controllers at Reagan National were not operating under optimal conditions.

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The duties of handling air traffic control for helicopters and for planes at Reagan National on Wednesday night were combined before the deadly crash. That left only one person to handle both roles, according to a person briefed on the staffing and the report.

Typically one person handles both helicopter and plane duties after 9:30 p.m., when traffic at Reagan begins to lessen. But the supervisor combined those duties sometime before 9:30, and allowed one air traffic controller to leave, according to the person, who was not authorized to speak publicly about the investigation into the crash. The crash occurred just before 9 p.m.

While there were no unusual factors causing a distraction for controllers that night, staffing was “not normal for the time of day and volume of traffic,” the preliminary F.A.A. report said.

On Thursday, five current and former controllers said that the controller in the tower should have more proactively directed the helicopter and the plane to fly away from each other. Instead, the controller asked the helicopter to steer clear of the plane.

Some of the current and former controllers said the darkness could have made it more difficult for pilots to accurately gauge the distance between themselves and other aircraft. Some wondered whether the helicopter pilots mistook a different plane for the American jet.

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The helicopter was supposed to be flying closer to the bank of the Potomac River and lower to the ground as it traversed the busy Reagan National airspace, four people briefed on the incident said.

Before a helicopter can enter any busy commercial airspace, it must get the approval of an air traffic controller. In this case, the pilot asked for permission to use a specific, predetermined route that lets helicopters fly at a low altitude along the bank on the east side of the Potomac, a location that would have let it avoid the American Airlines plane.

The requested route — referred to as Route 4 at Reagan National — followed a specific path known to the air traffic controller and helicopter pilots. The helicopter confirmed visual sight of a regional jet and the air traffic controller instructed the helicopter to follow the route and fly behind the plane.

But the helicopter did not follow the intended route, the people briefed on the matter said.

Rather, it was above 300 feet, when it was supposed to be flying below 200 feet, and it was at least a half-mile off the approved route when it collided with the commercial jet.

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A senior Army official urged caution in making any assessments until the helicopter’s black box could be recovered and analyzed, along with other forensic data.

The official, who spoke on condition of anonymity because of the ongoing inquiry, said the Black Hawk’s pilots had flown this route before, and were well aware of the altitude restrictions and tight air corridor they were permitted to fly in near the airport.

Safety lapses in aviation have been increasing for years, leading to an alarming pattern of close calls in the skies and at airports involving commercial airlines. They have occurred amid rising congestion at the country’s busiest airports, including Reagan National, where the frequent presence of military flights makes controlling traffic even more complicated.

At the same time, a chronic shortage of air traffic controllers has forced many to work six-day weeks and 10-hour days — a schedule so fatiguing that multiple federal agencies have warned that it could impede controllers’ abilities to do their jobs properly. Few facilities have enough fully certified air traffic controllers, according to a Times investigation in 2023. Some controllers say little has improved since then.

The air traffic control tower at Reagan National has been understaffed for years. The tower there was nearly a third below targeted staff levels, with 19 fully certified controllers as of September 2023, according to the most recent Air Traffic Controller Workforce Plan, an annual report to Congress that contains target and actual staffing levels. The targets set by the F.A.A. and the controllers’ union call for 30.

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An F.A.A. spokesman said on Thursday that Reagan National currently employs 25 certified controllers out of their goal of 28.

The controller who was handling helicopters in the airport’s vicinity Wednesday night was also instructing planes that were landing and departing from its runways. Those jobs are typically assigned to two controllers, rather than one, the internal F.A.A. report said. This increases the workload for the air traffic controller and complicates the job.

Controllers can also use different radio frequencies to communicate with pilots flying planes and pilots flying helicopters. While the controller is communicating with pilots of the helicopter and the jet, the two sets of pilots may not be able to hear each other.

As the passenger jet’s pilots were approaching the airport, they were asked by air traffic control to pivot the landing from one runway to another, according to the F.A.A. report, a person briefed on the incident and audio recordings of conversations between an air traffic controller and the pilots. That request may have introduced another complication shortly before the collision.

The American Airlines flight had originally been cleared by the traffic control tower to land on the airport’s main runway, called Runway 1. The controller then asked the pilot to land on a different, intersecting runway instead — Runway 33 — which the pilot agreed to do.

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That decision, according to the person who was briefed on the incident and four other people who are familiar with the airport’s air traffic, happens routinely when regional jets like the American Airlines aircraft are involved. The decision may also have been made to help keep air traffic moving efficiently by not clogging the main runway, the people said.

Runway 33 is shorter, requiring intense focus from pilots landing their planes. The last-minute change raised questions within the F.A.A. on Thursday morning about congestion at Reagan National, the person briefed on the event added.

Robert Isom, American’s chief executive, said at a news conference on Thursday that the pilots of the passenger plane involved in the crash had worked for PSA Airlines, an American subsidiary, for several years, The captain had been employed by the airline for almost six years, while the first officer had worked there for almost two years.

“These were experienced pilots,” he said.

Nicholas Bogel-Burroughs contributed reporting.

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Commentary: H-1B visas have always been a scam. Trump's changes won't fix the problem

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Commentary: H-1B visas have always been a scam. Trump's changes won't fix the problem

Among the government programs that produce more confusion than benefits, H-1B visas are right up there.

If you’ve been hearing about H-1B visas, it’s probably because President Trump abruptly changed its rules with a proclamation on Sept. 19.

As is typical of Trump’s shoot-from-the-hip policy-making, the proclamation produced an outbreak of fear and chaos, in this case among holders of the visas. That’s because it seemed at first that the administration was imposing a $100,000 fee not only on applicants for the visas, but on current holders reentering the U.S. from abroad, say from home leave or a business trip.

This is a de facto ban, as few organizations will be able to afford it.

— Robert D. Atkinson, Information Technology and Innovation Foundation

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Until the White House clarified that the charge would be a one-time fee for new H-1B applications, not charged annually or for renewals or reentry, holders were advised by some employers not to leave the U.S. for the present; those who were caught off-guard overseas scurried to get home by Sunday, when the fee began.

A Sept. 19 Emirates flight from San Francisco to Dubai had to abort its departure to allow several panicky passengers to debark, according to Bloomberg.

The administration’s subsequent assurances have quelled the panic. But the proclamation has created new befuddlements, including over whether it opens the door to illicit dealings between Trump and companies bidding for the visas, and whether it’s even legal.

As my colleagues Queenie Wong and Nilesh Christopher reported, there are concerns that “a selective application of the fee could be a way the White House can reward its friends and punish its detractors.”

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Importantly, there’s room to question whether the proclamation will solve long-standing problems with H-1B visas. So let’s take a look at the program’s malodorous history.

H-1B visas were created in 1990, under President George H.W. Bush, to relieve what high-tech companies asserted was a chronic shortage of U.S.-born workers in the STEM fields (science, technology, engineering and math).

The idea was to give highly-skilled foreign workers in “specialty occupations” the right to three years of U.S. residence renewable for a further three years — an opportunity to obtain permanent residency or even citizenship.

After a few rounds of tweaking, the annual cap on new applications was set at 85,000, including 20,000 holders of advanced degrees from U.S. universities. Higher education and nonprofit research institutions are exempt from the cap.

Things didn’t work out as anticipated. U.S. employers came to see the H-1B visas as tools to replace native-born technicians with cheaper foreign workers. Scandalously, some of the American workers were required as conditions of their severance to train the newcomers to do their jobs.

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I documented that practice at Southern California Edison in 2015. The giant utility acknowledged that the outsourcing of workers would cost the jobs of 500 technicians who did the work of installing, maintaining and managing Edison’s computer hardware and software for payroll and billing, dispatching and electrical load management.

Essentially, Edison was replacing domestic IT specialists earning $80,000 to $160,000 with workers provided by two India-based outsourcing firms, Tata Consultancy Services and Infosys, which were paying their recruits $65,000 to $71,000. By the time the outsourcing process was complete, Edison said, its IT expenses would fall by about 20%.

“They told us they could replace one of us with three, four, or five Indian personnel and still save money,” one laid-off Edison worker told me at the time, recounting a group meeting with supervisors. “They said, ‘We can get four Indian guys for cheaper than the price of you.’ You could hear a pin drop in the room.”

Then there’s the University of California, which announced in 2016 that it would lay off 49 career IT staffers and eliminate 48 other IT jobs that were vacant or filled by contract employees. The American workers were ordered to train their own replacements, who were employees of the Indian outsourcing firm HCL Technologies.

Although the visa law specified that hiring foreign workers would not harm American workers, “the H-1B program is most definitely harming American workers, harming them badly, and on a large scale,” Ronil Hira of Howard University, an expert in the visa program, told the Senate Judiciary Committee in 2015. “Most of the H-1B program is now being used to import cheaper foreign guestworkers, replacing American workers, and undercutting their wages.”

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The high-tech industry’s dirty little secret, I reported, was that the STEM shortage was a myth. The same companies wringing their hands over the supposed dearth of STEM-qualified workers were simultaneously laying them off by the tens of thousands. Indeed, experts in technology employment consistently found that “the supply of graduates is substantially larger than the demand for them in industry,” one told me. Anyway, a significant portion of H-1B recruits weren’t in jobs demanding unique skills, but workaday technicians.

Since 2020, the top employer of H-1B visa holders has been Amazon, with a total of 43,375 workers over that period — followed closely by the Indian outsource companies Infosys and Tata. In the current fiscal year, Amazon reigns, with more than 14,000 H-1B holders, followed by Tata, Microsoft, Meta Platforms, Apple and Google. I asked Amazon why it needs so many foreign workers and what work they do, but didn’t receive a reply.

The Indian outsourcing firms have dominated the H-1B system since at least 2009. For years their role has stoked controversy, in part because their employment practices have come under question.

In court, government prosecutors and civil plaintiffs have alleged that Infosys and Tata were exploiting the guest workers they brought to the U.S. Infosys settled federal fraud charges with a $34-million payment in 2013, the largest penalty in an immigration case at that time. The company denied the allegations.

That same year, Tata settled a class action lawsuit with a $29.8-million payment. The plaintiffs alleged that workers imported by Tata were forced to sign over their federal and state tax refunds to Tata, among other claims. The company didn’t admit wrongdoing.

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Over the years, the H-1B program has made for political controversy, though Congress hasn’t taken a firm hand in correcting its issues. Conservatives and progressives alike have found reason to complain that it undermines domestic employment. Near the end of his first term, Trump shut down H-1B issuance entirely, along with some other specialty visa programs, but his initiative was blocked in federal court.

But the program remains enormously popular in the high-tech world, which has long agitated for an expansion. Its fans include Elon Musk, who tweeted in December that “the reason I’m in America along with so many critical people who built SpaceX, Tesla and hundreds of other companies that made America strong is because of H-1B.” He underscored his position with a burst of profanity, but he did promise to “go to war on this issue,” although he acknowledged that some fixing is in order.

That brings us to the issues with Trump’s proclamation. Its shortcomings resemble those that prompted federal Judge Jeffrey S. White of Oakland to overturn Trump’s ban in 2020 in a case brought by the National Assn. of Manufacturers and the U.S. Chamber of Commerce, among others.

White ruled that the authority to change the terms of the visas belonged to Congress, not the president, and that the administration hadn’t evaluated the effect of the ban on the domestic economy, as federal law required. The case was rendered moot when Trump’s ban was reversed by President Biden. I asked the White House if it was concerned that this proclamation could also be blocked in court, but got no reply.

A bigger question concerns the ramifications of the $100,000 fee. “H-1B visa fees of this magnitude will strongly discourage the hiring of the most talented members of the global labor force,” says University of Chicago economist Steven Durlauf. Instead, the policy will create incentives to move high-tech and scientific activity to other countries, effectively offshoring economic activity that should occur in the U.S., he says.

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The fee is so high that only the biggest and richest employers will be able to pay it, locking out small start-ups that have tried to use H-1B visas to build their professional teams. The proclamation doesn’t make clear whether universities and research institutions will be exempt from the fee. Even financially well-endowed universities would find it hard to justify paying $100,000 to import a faculty member from abroad.

“This is a de facto ban, as few organizations will be able to afford it,” says Robert Atkinson, president of the Information Technology and Innovation Foundation, a high-tech think tank.

The White House says it intends to replace the current system, a random lottery apportioning available H-1B slots among all applicants, with one favoring applications to fill the highest-paid slots.

The proclamation states that H-1B abuses “present a national security threat by discouraging Americans from pursuing careers in science and technology, risking American leadership in these fields.” Never mind that students considering careers in scientific and technical fields are being profoundly discouraged by Trump’s freezes on research funding across the scientific landscape.

So the bottom line is that, as is usual, Trump’s H-1B policy works at cross-purposes with his other initiatives. For decades, the H-1B program has been ripe for fixing. If only the Trump White House took the time to craft a sensible repair.

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How Nexstar’s Proposed TV Merger Is Tied to Jimmy Kimmel’s Suspension

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How Nexstar’s Proposed TV Merger Is Tied to Jimmy Kimmel’s Suspension

ABC pulled Jimmy Kimmel’s late night show on Wednesday after conservatives expressed outrage over a monologue the host had given two days earlier.

Here’s an excerpt from Mr. Kimmel’s monologue:

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“We hit some new lows over the weekend with the MAGA gang desperately trying to characterize this kid who murdered Charlie Kirk as anything other than one of them, and doing everything they can to score political points from it. In between the finger-pointing, there was grieving.

The suspension was the latest demonstration of how members of the Trump administration have been able to influence the operations of media companies without imposing new policies. In this case, a broadcaster that is pursuing a $6 billion merger, which must be approved by the Federal Communications Commission, put pressure on ABC before the network’s parent company, Disney, announced its decision to suspend Mr. Kimmel’s show.

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1:00 p.m. E.T. on Wednesday, Aug. 5

Podcast video circulates of the F.C.C. chairman threatening ABC and calling on local affiliates to pull Mr. Kimmel’s program.

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Hours before ABC made the announcement, the F.C.C. chairman, Brendan Carr, said on a right-wing podcast that local ABC stations should “push back” and “pre-empt” coverage that does not serve “their local communities.” (Pre-empting, in broadcast terms, refers to replacing programming with another show in advance of its airing.)

Mr. Carr also told the podcast’s host, Benny Johnson, that the F.C.C. might take action against ABC.

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“When you see stuff like this, I mean, look, we can do this the easy way or the hard way. These companies can find ways to change conduct and take action frankly on Kimmel or you know there’s going to be additional work for the F.C.C. ahead. …”

“I think that it’s really sort of past time that a lot of these licensed broadcasters themselves push back on Comcast and Disney and say, ‘Listen, we are going to pre-empt.’”

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6:11 p.m.

Nexstar, which owns ABC affiliate stations, announces it will not air Mr. Kimmel’s program.

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After the podcast interview, Nexstar, which owns 32 ABC affiliate stations, announced that it would “pre-empt ‘Jimmy Kimmel Live!’ for the foreseeable future,” and added: “Nexstar strongly objects to recent comments made by Mr. Kimmel concerning the killing of Charlie Kirk.”

Nexstar has good reason to try to appease the F.C.C. at the moment: In August, the company announced that it intended to buy one of its competitors, Tegna, which owns 13 ABC affiliate stations. But in order for the deal to go through, Mr. Carr and the F.C.C. would have to not only approve it, but also potentially raise the nationwide cap on the percentage of households a single entity’s television stations are allowed to reach.

Broadcasters have pushed the government for decades to raise or repeal the cap, which is currently set at 39 percent. If the Nexstar-Tegna deal goes through, Nexstar’s reach is likely to exceed the limit.

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Shortly after Nexstar’s announcement, Sinclair, a company that owns 31 ABC affiliate stations, said it would also suspend Mr. Kimmel’s program.

Of ABC’s 205 affiliate stations, 63 are owned by Nexstar and Sinclair, and another 13 are owned by Tegna.

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Sources: The Federal Communications Commission, ABC, Nexstar, Sinclair and Tegna.

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Note: Stations were cross-referenced between ABC’s and affiliates’ lists, and checked against F.C.C. records.

By The New York Times

Together, they make up about 37 percent of all of ABC’s local affiliates.

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Approximately 6:30 p.m.

ABC says it will suspend Mr. Kimmel’s program “indefinitely.”

Minutes after Nexstar’s announcement, and just hours after Mr. Carr’s podcast appearance, ABC announced that it was suspending Mr. Kimmel’s program “indefinitely.”

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It was unclear how big a role, if any, the plans for pre-empting by Nexstar played in Disney’s decision. (Sinclair did not publicly announce that it would also pre-empt the program until after Disney’s decision was made public.)

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7:00 p.m.

F.C.C. chairman thanks Nexstar on social media, shortly after the company announced it would pre-empt Mr. Kimmel.

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“I want to thank Nexstar for doing the right thing.”

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As the outrage over Mr. Kimmel’s comments grew, Robert A. Iger, Disney’s chief executive, along with a close lieutenant, had been hearing from worried advertisers, people familiar with the decision told The New York Times this week.

Last year, Mr. Trump sued ABC’s news division for defamation. ABC settled with the president in December, a rare and significant concession by a major news organization as the president grew increasingly antagonistic to media companies he viewed as critical of him and his allies.

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Before Mr. Kimmel’s show was set to begin taping Wednesday, the people familiar with Disney’s decision said, executives had grown concerned that another opening monologue could further inflame the situation. So they made the call for the show to go dark — at least temporarily.

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Disney, Universal and Warner Bros. Discovery sue Chinese AI firm as Hollywood's copyright battles spread

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Disney, Universal and Warner Bros. Discovery sue Chinese AI firm as Hollywood's copyright battles spread

Walt Disney Co., Universal Pictures and Warner Bros. Discovery on Tuesday sued a Chinese artificial intelligence firm called MiniMax for copyright infringement, alleging its AI service generates famous characters including Darth Vader, the Minions and Wonder Woman without the studios’ permission.

“MiniMax’s bootlegging business model and defiance of U.S. copyright law are not only an attack on Plaintiffs and the hard-working creative community that brings the magic of movies to life, but are also a broader threat to the American motion picture industry,” the companies state in their complaint, filed in U.S. District Court in Los Angeles.

The entertainment companies requested that MiniMax be restrained from further infringement. They are seeking damages of up to $150,000 per infringed work, as well as attorney fees and costs.

This is the latest round of copyright lawsuits that major studios have brought against AI companies over intellectual property concerns. In June, Disney and Universal Pictures sued AI firm Midjourney for copyright infringement. This month, Warner Bros. Discovery also sued Midjourney.

Shanghai-based MiniMax has a service called Hailuo AI, which is marketed as a “Hollywood studio in your pocket” and used characters including the Joker and Groot in its ads without the studios’ permission, the studios’ lawsuit says. Users can type in a text prompt requesting characters such as Yoda from “Star Wars” or DC Comics’ Superman, and Hailuo AI can pull up high quality and downloadable images or video of the character, according to the document.

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“MiniMax completely disregards U.S. copyright law and treats Plaintiffs’ valuable copyrighted characters like its own,” the lawsuit states. “MiniMax’s copyright infringement is willful and brazen.”

“Given the rapid advancement in technology in the AI video generation field … it is only a matter of time until Hailuo AI can generate unauthorized, infringing videos featuring Plaintiffs’ copyrighted characters that are substantially longer, and even eventually the same duration as a movie or television program,” the lawsuit states.

MiniMax did not immediately return a request for comment.

Hollywood is grappling with significant challenges, including the threat of AI, as companies consolidate and reduce their expenses amid rising production costs. Many actors and writers, still recovering from strikes that took place in 2023, are scrambling to find jobs. Some believe the growth of AI has threatened their livelihoods as tech tools can replicate copyrighted characters with text prompts.

Although some studios have sued AI companies, others are looking for ways to partner with them. For example, Lionsgate has partnered with AI startup Runway to help with behind the scenes processes such as storyboarding.

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