NAB and several broadcasters received an extension -- after the FCC's extension -- until March 19 to file a petition to the U.S. Supreme Court, appealing the Prometheus IV decision, according to letters (in Pacer) that showed up in the case’s 3rd U.S. Circuit Court of Appeals docket Wednesday (see 2002140048). In their granted extension request, the broadcasters said the 3rd Circuit panel “replaced Congress’s command to focus on competition with non-statutory policy considerations about media ownership diversity” in deciding Prometheus IV. “This error, if left to stand, will continue to prevent the FCC from making necessary changes to its media ownership rules and will distort every future quadrennial review of those rules.” The 3rd Circuit’s 15 years of retaining jurisdiction over the case compounds that problem, the broadcasters said. The broadcast parties -- which include Sinclair, Fox and Nexstar -- also said the court erred by vacating the FCC’s media ownership rules: “The Third Circuit’s wholesale vacatur conflicts with remedial approaches taken by seven other circuits, all of which remand without vacatur.” Justice Samuel Alito in granting the extension requests “indicates at least some interest in hearing the case,” said Christopher Terry, University of Minnesota School of Journalism and Mass Communication assistant media law professor. “Although the court remanded most of the ownership structure to the agency, the lack of a coherent policy to promote diversity through ownership by women and minorities has sent the FCC back to the drawing board,” he said.

Entertainment Media Trust’s hearing to keep its broadcast licenses was terminated and its applications dismissed with prejudice, said an order posted Wednesday in docket 19-156 from FCC Administrative Law Judge Jane Halprin. The judge “declines to expend further government time and resources on this matter,” after EMT repeatedly failed to respond to judicial orders, Halprin said (see 2002050015). “The Presiding Judge stood ready to receive EMT’s evidence and consider arguments in favor of granting its applications, and afforded EMT several procedural concessions to facilitate discovery,” the order said. “EMT chose not to take advantage of those opportunities.” EMT’s radio station licenses in Missouri and Illinois became imperiled after an FCC Enforcement Bureau investigation concluded that convicted felon Bob Romanik exerted control over the stations while they were licensed to the trust and ostensibly under EMT trustee Dennis Watkins' control. “Because these questions arise in the context of applications for which EMT seeks Commission approval, EMT bears the burden of proof in this proceeding,” Wednesday’s order said. Romanik and Watkins didn’t comment. With the hearing dismissed, a 40-day period remains in which applications for full commission review of the ALJ’s decision could be filed, a broadcast attorney told us. EMT would likely retain its license until that period is up. If an application for review is filed, resolution of the matter could be delayed further. The FCC didn’t comment.

The FCC Enforcement Bureau and petitioner Mark Kern want Administrative Law Judge Jane Halprin to dismiss Entertainment Media Trust’s case (see 2002050015) and take away EMT’s radio licenses over the company's failure to participate in its own license hearing, said Kern and the EB in a joint filing posted Friday. EMT missed a Feb. 10 deadline set by Halprin to show cause for the case to continue. “EMT filed no response to this Order,” said the joint filing. “There can be no dispute that dismissal of EMT’s applications and termination of the hearing is warranted.” Failing to terminate the hearing would encourage further delay tactics similar to EMT’s, the joint filing said. “The integrity of the Commission’s licensing process (and the role that administrative hearings necessarily play therein) demands greater accountability.” EMT trustee Dennis Watkins didn’t comment.

A federal judge rejected Global Music Rights' request for an immediate judgment on the pleadings in the group’s lawsuit against the Radio Music License Committee (see 2002110028), said an order issued Friday (in Pacer) in U.S. District Court in Los Angeles. GMR “alleged sufficient facts” to state its claims, but “whether GMR can, ultimately, prove its claims is not a proper consideration at this juncture,” ruled Judge Terry Hatter. He also granted NAB’s request to be allowed to file an amicus brief.

Seven Democratic House legislators blasted Chairman Ajit Pai for failing to enforce FCC rules on registered foreign agents and requirements “to clearly identify Russian propaganda aired on U.S. radio stations,” in a letter released Thursday. Anna Eshoo, Jerry McNerney and Jimmy Panetta, all California; Mike Doyle, Pennsylvania; David Cicilline, Rhode Island; Sharice Davids, Kansas; and Eleanor Holmes Norton, Washington, D.C., signed. The agency’s inaction on the matter is “a stunning abdication of its responsibility to protect American airwaves,” they said. The legislators are concerned with RM Broadcasting airing content from Russian-controlled news agency Rossiya Segodnya on WZHF(AM) Capitol Heights, Maryland (see 1909170032). The FCC opened an enforcement inquiry into WZHF in 2018, and it’s ongoing, the letter said. “As a result of the Commission’s apathetic approach to enforcement, American radio listeners remain in the dark." WZHF reportedly bought six hours of air time on KXCL Kansas City, apparently referring to KCXL(AM) Liberty, Missouri, and the FCC should add that station to its inquiry, the letter said. Pai’s duty as chairman “compels” him to fully enforce the sponsorship ID rules against adversarial foreign agents “immediately,” the lawmakers said. The stations didn’t comment.

Byron Allen’s Entertainment Studios and subsidiary Allen Media Broadcasting closed on the buy of 11 TV stations from USA TV for $305 million, said Entertainment Studios. After the purchase, Allen Media Broadcasting owns 15 stations in 11 markets. "Over the past six months we've invested nearly $500 million to acquire best-in-class, top-tier, broadcast network affiliates," said Allen Tuesday. "We plan to invest approximately ten billion dollars to acquire ABC, CBS, NBC, and FOX television stations over the next three years with the goal of being one of the largest broadcast television groups in America." The deal includes WAAY-TV Huntsville, Alabama; WFFT-TV Fort Wayne, Indiana; and KHSL-TV Chico, California.

Consolidated Radio must pay delinquent regulatory fees or risk losing its AM licenses, said an FCC Media Bureau and Office of Managing Director order in Tuesday’s Daily Digest. Consolidated Radio owes nearly $12,000 for fees for 2016-2019 for KVOZ(AM) Del Mar Hills, Texas, the order said. The Media Bureau and OMD also rescinded a revocation order previously issued for Cox Broadcast Group (not affiliated with the larger company Cox Media) over unpaid fees. The revocation didn’t consider a Dec. 27 pleading from Cox, Tuesday’s order said. “By rescinding the Revocation Order, we rectify this oversight so as to allow for consideration of the Cox pleading.”

FCC new rules for noncommercial educational and low-power FM stations take effect April 13, says Wednesday’s Federal Register. The order was unanimously approved in December (see 1912110057). The order eliminates requirements NCE stations make diversity certifications in governing documents, changes the processes for tie-breakers in licensing windows, and extends the construction period for LPFMs.

Cox Enterprises, which has a minority stake in Cox Media Group, will buy CMG's Ohio newspapers that had been a barrier to Terrier Media's purchase of CMG, CMG said Monday. Cox Enterprises said the transaction won't affect its minority stake. CMG said the deal will mean the newspapers won't have to eliminate some daily editions so as to not violate the cross-ownership rule (see 1910310072). It said the newspaper deal is expected to close "in the coming weeks."

FCC staff denied some and granted other emergency alert system waivers that communications systems apparently sought in 2012 and 2013, and that in some cases have since stopped operating. About five petitioners sought to escape an obligation to get EAS alerts in common alerting protocol, because of issues like having small systems, it not being economically feasible to provide CAP warnings, and/or not getting broadband. "The Commission has established a presumption in favor of granting temporary waivers based upon the physical unavailability of broadband," said Friday's Public Safety Bureau order. CableAmerica Missouri and KJAY lacked such access and "continued to operate legacy EAS equipment at least until the time of their most recent filings," said staff, OK'ing those requests. "The public has not been deprived of EAS alerts." They got waiver from June 30, 2012, until the identified systems "were taken out of service or rendered compliant." West River Cable Television also got temporary waiver until its systems went offline. Universal Cablevision went out of business March 24, 2015, the order said. "We dismiss its waiver as moot." Argent's request was incomplete, and it didn't provide more details, the bureau said, dismissing the request without prejudice to refile a complete submission. FCC representatives didn't answer questions for more details.