Low-power TV and TV translator virtual channel assignments and changes should be limited to avoid conflicts and confused viewers, said NAB, the Society of Broadcast Engineers and others in comments posted this week in docket 03-185. Allowing translating stations to change their program and system information protocol (PSIP) “carries a very real risk of causing viewers to think that the translator or LPTV station is the originator of the programming, when that is not the case,” said SBE. Broadcasters in the docket also discussed apparent errors in a proposed FCC method for calculating station coordinates, and restrictions on low-power television relocation.
Conservative Supreme Court justices at Monday’s oral argument in SEC v. Cochran appeared open to allowing entities to bring structural, constitutional challenges to federal agency actions in district court before a final judgment but expressed concern about the possible ramifications. A decision in the case could have implications for federal agencies (see 2211030063), particularly those with administrative law judges, such as the FCC. SCOTUS heard argument in a related case, Axon v. FTC, the same day (see 2211070049).
Some broadcasters are seeing lower than expected political advertising and possible continued shortages in the auto industry, plus are certain how an economic downturn will affect their businesses, executives from iHeartMedia, Gray Television and Sinclair Broadcast said on Q3 earnings calls this week. “We are truly disappointed that several unexpected factors will keep us from hitting our previous guidance” on political advertising for 2022, said Gray co-CEO Hilton Howell, noting the results for Q3 are still up 30% from political ad results for Q3 2018, the last midterm election year.
An administrative law case to be argued before the U.S. Supreme Court Monday could have implications for challenges to federal agency decisions, including at the FCC and FTC, according to interviews with attorneys and academics. Cochran v. SEC (docket 21-1239), and similar case Axon Enterprise v. FTC (docket 21-86) concern whether parties have to wait for a final agency ruling before they can appeal to the courts.
A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit hearing oral argument Tuesday appeared to sympathize in part with Schwab Multimedia’s difficulty in constructing an AM station during the pandemic but also seemed to agree with FCC arguments that COVID-19 didn’t change the agency’s rules around requesting extensions for construction deadlines (docket 22-1016).
Comcast and Nexstar are battling over discovery in a year-old retransmission consent case Nexstar v Comcast, which involves Nexstar’s relationship to sidecar broadcaster Mission and WPIX New York, according to filings Friday and Monday in docket 1:21-cv-06860 in the U.S. District Court for Eastern New York.
Cross-petitioning the Supreme Court with two petitions for certiorari on different issues from Florida’s social media law S.B. 7072, as CCIA and NetChoice did, is the only way to bring compelled disclosure provisions that weren’t ruled unconstitutional by the 11th U.S. Circuit Court of Appeals in front of the justices, said academics and lawyers in interviews.
Unions opposing the Standard General/Tegna deal said Friday the companies' recent document submissions to the Media Bureau show Standard hasn’t been truthful with the FCC about its intention to cut jobs at Tegna, but the buyer said the groups are just rehashing their previous arguments. According to the acquisition agreement, there’s about a month left before -- if the purchase hasn’t been approved -- a “ticking fee” takes effect that will raise the cost per share of Tegna at a rate that increases the longer the deal lingers. The FCC has traditionally sought to avoid being the cause of triggering such provisions, broadcast attorneys told us. Responses from Standard and the other parties to Thursday’s supplementary filings from the unions are due Thursday.
Windstream’s bankruptcy reorganization shouldn’t be rolled back to provide relief to unsecured creditors such as appellant U.S. Bank National Association, ruled the 2nd U.S. Circuit Court of Appeals Tuesday in a summary order in docket 21-1754 affirming a previous ruling by the U.S. District Court for Southern New York. U.S. Bank appears “to invite us to carve out the facts of this case ad hoc. We must decline this invitation,” said the decision from Circuit Judges Pierre Leval, Denny Chin and Eunice Lee.
A draft NPRM on proposals to increase cybersecurity requirements for wireless emergency alert and emergency alert system participants is expected to be unanimously approved at Thursday’s FCC commissioners' meeting, with few changes from the draft version, industry and FCC officials told us. The item seeks comment on proposals including cyberattack reporting rules and requirements that participants certify cybersecurity plans. No changes have been made so far, though a few tweaks are possible before the vote, officials said. Experts said they expect the agency to take likely costs of any new rules into consideration.