The FCC must respond to the NAB’s mandamus petition on the 2018 quadrennial review within 30 days, said the U.S. Court of Appeals for the D.C. Circuit in an order released Friday. A reply from NAB is due 10 days later. NAB filed the petition in April (see 2304250029 seeking to compel the agency to complete the 2018 review of broadcast ownership rules before commencing the 2022 iteration.
The FCC Media Bureau approved two TV channel reassignments for Sinclair Broadcast stations, said public notices last week. Sinclair Broadcast’s KCFW-TV Kalispell, Montana, will switch from Channel 9 to 17, and KCBY-TV Coos Bay, Oregon, will move from 11 to 34, the filings said.
Sixteen state attorneys general signed a letter Wednesday cautioning Zero Emission Transportation Association and the Electric Drive Transportation Association about their member companies’ plans to leave AM radio receivers out of their electric vehicles. “Without access to their main consumers -- automobile owners -- AM stations and the lifesaving signals they provide, might cease to exist,” said the letter, signed by AGs from Florida, Idaho, Indiana, Kentucky, Virginia, Utah and others. It's “vitally important” for officials to be able to deliver emergency information, and AM is “the backbone” of the emergency alert system, the letter said. “In light of the essential role AM radios play in the safety and well-being of Americans across the country, we urge your members to reconsider the decisions to eliminate AM radios in electric cars.”
A Gaffney, South Carolina, AM licensee must pay delinquent regulatory fees, said the FCC Media Bureau and Office of Managing Director in an order to pay or show cause Friday. Hope Broadcasting owes about $8,200 regulatory fees from fiscal years 2010, 2022 and 2012-2016, the order said. The broadcaster has 60 days to pay the fees or give the agency reasons why the fees should be waived or deferred.
Sens. Ted Cruz. R-Texas, and Ed Markey, D-Mass., sent letters Friday cautioning automakers that have removed or plan to remove AM radio receivers from their cars, said an NAB news release. “Preserving AM radio not only aligns with the growing recognition of its significance but also demonstrates a commitment to public safety and meeting consumer expectations,” said the letters to BMW, Tesla, Mazda, Volkswagen, Polestar, Volvo and Rivian. “We request that you respond to this letter with a commitment to keep AM radio in all your new vehicles.” Markey and Cruz are authors of a bill to require AM reception and playback in all new cars (see 2306060088). “We urge your firm to reconsider any plans to remove AM radio from your vehicles,” said the letter sent to BMW. The letters request responses from the automakers by July 7.
The FCC unanimously approved an ATSC 3.0 order and Further NPRM moving the substantially similar and physical layer sunsets to July 17, 2027, and seeking comment on the 3.0 patent marketplace (see 2306210051). The agency will “initiate a review approximately one year before the requirement is set to expire to seek comment on whether it should be extended based on marketplace conditions at that time,” the order said. The order also clarifies the agency’s stance on hosting multicast channels and allows such arrangements to be approved through license modifications, permits lateral hosting arrangements authorized through special temporary authority, and says the agency doesn’t believe market forces are enough to prevent broadcasters from leaving some 1.0 viewers behind. “Some broadcasters state that they have every incentive to ‘maximize’ viewership, but those arguments more correctly appear to focus on maximizing profits, which will not necessarily support the needs of [over-the-air] OTA 1.0 viewers for the length of the transition,” said the order. The originating station and not the host station is responsible for regulatory compliance for multicast streams in ATSC 3.0 sharing arrangements, and noncommercial educational stations are allowed to participate in such arrangements, the order said. “We find that departing from our licensing regime is appropriate because it is limited to the temporary broadcast transition to 3.0 and to specific situations for which there is a clear need,” the order said. In the FNPRM, the agency seeks comment on the ATSC 3.0 standard essential patent (SEP) marketplace, and on whether patent holders are licensing them under the “reasonable and non-discriminatory (RAND) terms” required by the Advanced Television Systems Committee. “We seek additional comment on the state of this market, particularly from the perspective of parties, or the representatives of parties, that do not hold SEPs but have licensed or attempted to license them,” said the FNPRM. “Are SEP holders complying with the ATSC RAND requirements?” "The steps the Commission has taken today -- to facilitate the hosting of multicast programming and provide an end date to a rule mandating identical ATSC 1.0 and 3.0 broadcasts -- will help make that transition possible," said NAB in a release.
Gray Television and Paramount Global reached a deal to renew all of Gray’s CBS network affiliations, which cover 52 markets, said a Gray news release Thursday. “Gray’s CBS affiliates will continue to be available locally to subscribers on Paramount+ and widely distributed across all traditional and virtual MVPD platforms,” the release said. Gray is the largest independent owner of CBS affiliates in the country, the release said.
The FCC Media Bureau will open a filing window for new low-power FM stations Nov. 1-8, said a public notice in Thursday’s Daily Digest. “This will be the first LPFM filing window since 2013, and we encourage potential applicants to begin familiarizing themselves with the application process,” said the PN. “The Bureau will provide detailed information about filing procedures and requirements by public notice in advance of the filing window.” LPFM advocate Rec Networks expects the window to be accompanied by a freeze on LPFM modifications, likely 30 to 60 days before the window opens.
A Hawaii broadcaster agreed to pay a $10,000 penalty for unauthorized transfers of control that occurred among shareholders of KRYL(FM) Haiku, Hawaii, without FCC permission, said an order and consent decree in Wednesday’s Daily Digest. Media Bureau staff discovered the issue when Hochman Hawaii Five sought to transfer the station to one of its shareholders, George Hochman, the consent decree said. Stock transfer documents submitted with the application showed that two stock transfers among HHF’s shareholders had led to transfers of control of the station without FCC sign-off. “The Parties acknowledge that any proceedings that might result from the Violations would be time-consuming and require a substantial expenditure of public and private resources” and that the settlement seeks to conserve such resources, said the consent decree.
The FCC should block Adell Broadcasting's sale of WADL Mount Clemens, Michigan, to the Nexstar-sidecar Mission Broadcasting because Nexstar would be the party in control of the station, said the American Television Alliance in comments filed Tuesday. Nexstar declined to comment. Owning the Detroit-area WADL outright would place Nexstar above the national ownership cap, ATVA said. Nexstar lists Mission’s stations as its own in its website and reports Mission’s stations as part of its financial results. Under the terms of the proposed deal, Nexstar would guarantee financing, have an option to buy WADL for no additional funds, negotiate retransmission consent for WADL, sell all the station’s advertising, and assist the station’s operations, ATVA said. “Any one or two of these things might be sufficient to raise real party in interest questions,” said ATVA. “All of them together leave little doubt that Nexstar, not Mission, will control WADL.” DirecTV made similar arguments about Nexstar’s relationship with Mission in an antitrust case in U.S. District Court in Southern New York (see 2305250001). “Unless and until Nexstar and Mission revise the transaction documents to prevent Nexstar from asserting control, the Commission should not grant the proposed transaction,” ATVA said.