Comments are due Jan. 22, replies Feb. 6 on a proposal to relax rules restricting same-market, commonly owned radio stations from duplicating content, and on operation of analog radio services by digital low-power TV stations as ancillary or supplementary services, say notices (see here and here) for Monday's Federal Register. The radio duplication NPRM was adopted at the Nov. 22 meeting, with the two Democratic commissioners concurring (see 1911220034).
The 2016 quadrennial media ownership rules, in line with the mandate issued in the 3rd U.S. Circuit Court of Appeal's fall Prometheus IV (see 1909230067), are again in effect, the FCC Media Bureau ordered Friday in docket 14-50. It issued revised commercial radio station renewal application procedures, saying effective immediately, every licensee seeking renewal of a commercial station license must report any violation of the newspaper/broadcast or radio/television cross-ownership rules, while the bureau seeks OMB OK to add a new question on this topic to the renewal application. It announced procedures for processing Form 314 assignment applications and Form 315 transfer of control applications for commercial radio and TV stations.
Entertainment Media Trust’s trustee Dennis Watkins filed a notice of appearance pro se in the radio broadcaster’s licensing proceeding in docket 19-156, shortly before a Friday deadline set by Administrative Law Judge Jane Halprin. After EMT cut ties with its previous council and then didn’t respond to filings, Halprin suggested she could dismiss the case if an attorney representing EMT didn’t file a notice of appearance (see 1912110064). Watkins didn’t comment.
The FCC Media Bureau issued notices of apparent liability proposing forfeitures for stations that filed late license renewal applications. The NALs propose forfeitures of $1,500 for CTC Media Group for a Bridgeton FM translator; South Caldwell High School for WSEQ-LP Hudson; and Pirate Media Group for a Washington translator, all in North Carolina, and Church of God for WVOY-LP Jefferson, South Carolina. A $3,000 forfeiture was proposed for Radio Hatteras for WHDZ Buxton, North Carolina.
The Antitrust Division doesn’t have actual interest in Global Music Right’s lawsuit against the Radio Music License Committee, and DOJ’s Dec. 5 filing (in Pacer) siding with GMR is “puzzling,” RMLC responded (in Pacer) Wednesday in U.S. District Court in Los Angeles. The long-running proceeding concerns GMR allegations that RMLC operates anticompetitively, as a “cartel.” Justice’s argument RMLC misstated laws against price fixing and that buyer-side price fixing is as pernicious as the sales version isn’t related to GMR’s argument, RMLC said. DOJ’s contention arbitration would be unlawful contradicts recent department arguments in favor of arbitration over litigation, RMLC said. "Private, civil enforcement is an important supplement to the United States’ efforts to eliminate these unlawful practices," said DOJ. “Even if the Court were to credit in full everything the Division has said, granting RMLC’s motion for judgment on the pleadings would still be warranted,” the committee said.
Replies to a broadcaster petition for reconsideration of the FCC recent policy clarification on political advertising disclosures are extended to Jan. 28, said a Media Bureau order on docket 19-363 Wednesday. The petition was filed by NAB, Hearst, E.W. Scripps and other station groups. The order grants an extension request from the Campaign Legal Center, Common Cause and Sunshine Foundation (see 1912090032). Comments remain due Dec. 30.
Entertainment Media Trust’s Chapter 7 bankruptcy trustee Donald Samson shouldn’t be allowed to withdraw until he complies with document requests from petitioner Mark Kern, Kern filed, posted in docket 19-156 Tuesday. Samson argued that since the bankruptcy case was dismissed and EMT will control stations in question, his involvement should end, and Kern’s requests are overbroad. “Details regarding why EMT filed for bankruptcy, who directed the bankruptcy filing, and whether such filing was an attempt to circumvent the present proceeding are directly relevant to the main issue designated for hearing -- who is controlling EMT,” said Kern.
Donald Samson, Chapter 7 bankruptcy trustee for Entertainment Media Trust, asked to be removed as a party to the case now that a U.S. Bankruptcy Court dismissed EMT’s bankruptcy, said a motion posted in FCC docket 19-156 Monday. With the dismissal, EMT’s stations will be returned to EMT, thus removing the need for the bankruptcy trustee’s involvement. Samson also filed in opposition to a document request from petitioner Mark Kern, arguing it's overbroad. After EMT skipped a recent hearing, FCC Administrative Law Judge Jane Halprin said the license renewal proceeding could be dismissed -- preventing EMT from renewing its licenses -- if EMT doesn’t enter an appearance by Dec. 20 (see 1912110064).
The FCC Media Bureau will freeze FM commercial and noncommercial educational minor change applications during the form 175 application filing window for FM construction permit Auction 106, said a public notice. The filing window and freeze is Jan. 29-Feb. 11, the PN said. “These temporary freezes are designed to avoid conflicts between the frozen filings and auction proposals, and to promote a more certain and speedy auction process.” Bidding starts April 28, said a PN on auction procedures also in Monday’s Daily Digest. Auction 106 involves 130 FM construction permits, including 34 left over from prior auctions.
The FCC should act on proposals to increase power of low-power FM, called LP-250, in a Further NPRM along with other proposals to improve LPFM the agency previously rejected, said Rec Networks in calls with aides to Chairman Ajit Pai and Commissioner Geoffrey Starks, and a call with Audio Division Chief Albert Shuldiner and Media Bureau staff, per filings posted Thursday in docket 19-193. LP-250 would allow some LPFM stations upgrade to 250 watts. Rec said the FCC should consider allowing waivers of some distance and interference rules between LPFM stations and other radio stations and translators. Rec said FCC proposals to eliminate newspaper notice rules for broadcaster applications, shifting to online notice, would be “changing the culture” from "reactive (paging from a newspaper and seeing an ad) to proactive (going to a website specifically looking for public notices).” Rec supports using national organizations to operate websites dedicated to public notices.