Monty Tayloe

The federal government spends close to $1 billion a year on advertising, but very little of that is going to minority-owned broadcasters, said panelists at the FCC Office of Communications Business Opportunities roundtable Wednesday. “Our purpose is not to indict but to understand why federal government ad dollars are not more spread out,” said OCBO Director Thomas Reed.

Broadcasters need to be more aware of their vulnerability to hacking and cyberattacks, said panelists on an NAB webcast on cybersecurity. Broadcasters are considered “critical infrastructure” by the federal government because of their role as “first informers,” and have a responsibility to maintain their ability to transmit emergency alert system messages and information, said Kelly Williams, NAB senior director-engineering and technology policy. It's “vital” that broadcasters prevent attackers from taking over or shutting down “broadcast resources,” said David Simpson, chief of the FCC Public Safety Bureau.

AM broadcasters, engineers, professional sports teams and associations don’t agree on whether the FCC should alter some protections that prevent Class B, C and D radio stations from interfering with the more powerful Class A stations, in comments filed in docket 13-249 in response to a Further NPRM and notice of inquiry on AM revitalization. Dual-band broadcasters also opposed an FCC proposal to require them to surrender one of their licenses, and NAB and the Society of Broadcast Engineers argued the proceedings should focus on reducing the growing interference from unlicensed devices rather than changing power levels in the AM band. It’s “discouraging” that the FCC “seems content to allow the ambient noise levels in the AM broadcast band” to continue to increase and accepts “the deteriorating RF environment as a given,” SBE said.

Nexstar’s proposed deal to buy Media General would create an overly large broadcaster with too much power in retransmission consent negotiations and disregards FCC rules for joint sales agreements, said petitions against the transaction filed in docket 16-57 by several public interest groups, the American Cable Association, Dish Network, ITTA and Cox Communications. The public interest groups’ petition is framed as a petition to deny the proposed sale. ACA, Dish and ITTA is styled as a petition “to deny or impose conditions” and the Cox filing is a “petition for conditions.”

The U.S. Court of Appeals for the D.C. Circuit’s denial of a requested stay of the incentive auction by Class A broadcasters Fifth Street, Videohouse and WMTM makes it uncertain what sort of relief the court ultimately will be able to grant if the broadcasters prevail in their case, broadcast industry officials told us. Oral argument in the case is May 5, making it likely bidding in the incentive auction will be underway by the time the court issues a decision, according to the timelines most recently offered up by the FCC Incentive Auction Task Force. “No one knows” how the court could make the stations whole if it decides in the broadcasters' favor after the auction has begun, Videohouse CEO Ron Bruno said in an interview.

The FCC will allow Class A Latina Broadcasters to participate in the incentive auction and the auction will begin on schedule on March 29, commanded the U.S. Court of Appeals for the D.C. Circuit in an order released Thursday. Though the FCC previously claimed in pleadings in the Latina case that including WDYB Daytona Beach would cause a delay of the auction, it said Friday the auction would take place on time, in a statement. That didn't stop some from worrying the auction may yet be delayed.

A draft NPRM slated for the FCC's March 31 meeting would seek comment on expanding the amount of described video available to consumers who are visually impaired, industry officials told us. The proposal is based on portions of the 21st Century Communications and Video Accessibility Act (CVAA) that give the FCC authority to make such an expansion after June 2016, an industry official said.

The U.S. Court of Appeals for the D.C. Circuit denied a request from low-power TV broadcaster Free Access & Broadcast Telemedia that the incentive auction be stayed. LPTV broadcasters FAB, Mako Communications and Word of God “have not satisfied the stringent requirements for a stay pending court review,” said the order from Judges Karen Henderson, Brett Kavanaugh and Patricia Millett. Two other requests for a possible stay of the auction await a decision from the court, both from Class A broadcasters (see 1603160065). The decision against FAB and Mako can be seen as an indication the court may not look favorably on the other stay requests, but not a strong one since the arguments and circumstances of the three cases are very different, several broadcast attorneys told us.

The FCC is playing the role of an “eager purchaser” rather than a disinterested neutral agency by intervening in the dispute between Gray Television and Media General over a joint sales agreement connected with Gray’s purchase of Schurz stations (see 1603100058), said Media General to Franklin County, Georgia, Superior Court Monday. Media General was filing in opposition to a Gray emergency motion for reconsideration filed Friday that seeks to dissolve a court ordered injunction keeping the JSA in place. The FCC’s statement of interest in the case shows the injunction is “in contravention of federal law,” Gray said. The FCC’s position is “the result of Gray’s aggressive and misleading lobbying effort,” Media General said.

The U.S. Court of Appeals for the D.C Circuit ordered the FCC to respond by Tuesday to broadcaster Mako Communications' emergency request for a stay of the TV incentive auction, in a Friday order. Mako’s request for stay was filed March 10. Court decisions on similar stays requested by Latina Broadcasters and Class A station Videohouse are expected this week, several broadcast attorneys told us. The D.C. Circuit's order for a fast FCC response could be seen as a sign it's sympathetic to the low-power TV position, said Fletcher Heald broadcast attorney Harry Cole in an email.