Broadcaster arguments stepped-up enforcement of equal employment opportunity rules would be burdensome and data collection proposals are unconstitutional are incorrect, said the Multicultural Media, Telecom and Internet Council in an FCC response posted Thursday in docket 19-177. “If a broadcaster does not discriminate, and maintains customary professional personnel records, EEO compliance and responsiveness to an audit should cost next to nothing.” The group submitted testimonials from “expert witnesses on media diversity,” including broadcasters and academics. Black College Communication Association Chairwoman Valerie White called it “astonishing” broadcasters “would believe that discrimination might have disappeared from the broadcast industry.” Increased audits “would serve as powerful deterrents to discrimination,” MMTC said. No party has opposed MMTC proposals the FCC make outreach efforts on EEO compliance, such as creating a secure whistleblower phone line and publicizing anti-retaliation rules, the group said.

Entertainment Media Trust skipped a Dec. 5 conference in its license proceeding it had been ordered to attend and is in danger of having the proceeding dismissed and not having its licenses renewed, FCC Administrative Law Judge Jane Halprin said in an order posted in docket 19-156 Tuesday. Halprin is “deeply troubled” by EMT’s actions, she said. EMT not responding to the order to appear and failing to show up “provides a basis for immediate dismissal of this proceeding,” she said. Halprin isn’t yet dismissing the proceeding because of “tumult” about EMT’s representation, she said. EMT’s former attorneys -- Fletcher Heald's Davina Sashkin and attorney Anthony Lepore -- had represented both EMT and the Chapter 7 bankruptcy trustee holding EMT’s stations, but were abruptly terminated as EMT’s lawyers (see 1911260067). If a substitute representative of EMT doesn’t file an appearance in the proceeding by Dec. 20, Halprin will invite the other parties in the case to file motions to dismiss, she said. EMT’s ongoing bankruptcy is expected to soon be dismissed in U.S. Bankruptcy Court, and the licenses reverted to EMT, according to a filing from Chapter 7 trustee Donald Samson. EMT didn’t comment Wednesday, but in a podcast version of his radio show posted Tuesday, (at about the 20:45 mark) Bob Romanik -- who the Enforcement Bureau has argued is the true controller of EMT’s stations -- said he's being thrown off the air because of opposition to his politics and his frequent use of the n-word. “They are trying to throw me off the air day in and day out, they got all kinds of lawyers working the case,” Romanik said. “It has nothing to do with anything else, I don’t care what they say,” he said. Repeatedly using the racial epithet alongside descriptors such as “greasy,” and “lazy,” Romanik said on the podcast that the FCC’s issue with him isn’t his status as a felon but “thousands of complaints” filed against him. At one point, Romanik apologized for using the word “black” in lieu of the n-word. EB hasn’t referenced content complaints in EMT’s case.

The FCC unanimously approved and eliminated from Thursday’s meeting agenda the draft order in docket 19-3 on streamlining noncommercial educational and low-power FM license rules, said officials and a notice. The final order underwent few substantive changes from the draft version, an official told us. The order eliminates requirements that noncommercial licensees make diversity certifications in their governing documents, alter the processes for tie-breakers in licensing windows, and extend the construction period for LPFM stations. “We’re satisfied with what the commission is doing,” said Todd Gray, a broadcast attorney with Gray Miller who represents NCEs. Though public TV entities sought some changes to language in the order, Gray said the Media Bureau has addressed their concerns.

The FCC Media Bureau should extend the deadline for replies on NAB’s petition for reconsideration of the FCC’s recent political file clarification (see 1912020047) to Jan. 28 from Jan. 13, said the Campaign Legal Center, Common Cause, Benton Institute for Broadband and Society, and Issue One, posted to docket 19-363 Monday. The groups need more time because of holiday commitments, conflicts, staff changes and student turnover at the Institute for Public Representation, the motion said. “Given that most of the complaints decided in the FCC’s October 2019 Orders were filed in May 2014, a short extension will not harm the parties or the public.”

The FCC Incentive Auction Task Force will make an initial $17.2 million allocation of incentive auction repacking reimbursement funds to affected FM stations, of the $50 million Congress allotted, said a public notice in docket 16-306 Monday. That's 92.5 percent of the estimated cost reported by each of the 86 eligible FM stations, the PN said. Ninety-three FM stations sought reimbursement eligibility, the PN said. The initial allocation for low power-TV and TV translator stations hasn’t been announced. “We have received 947 submissions from LPTV and TV translator stations which are currently under review,” said the PN. “A future public notice will address those filings and make an initial allocation for eligible stations in that category.” The reimbursement and repacking of full-power and Class A TV stations is “progressing as designed and on schedule,” the IATF said. The full-power transition is in phase 7 of 10, which is scheduled to end Jan. 17. As of Dec. 6, 697 of the 987 repacked stations have moved off their pre-auction channels, the PN said. “All of the stations required to vacate their pre-auction channels to date have successfully done so.” Broadcasters and tower industry officials say many broadcasters are moving to interim facilities to vacate the spectrum, and it’s not always clear when they will get permanent installations (see 1908090050). Seventy-nine percent “of the 697 transitioned stations have fully completed their transition to permanent facilities,” the PN said. “If necessary, transitioning stations may request extensions or tolling of their construction permit deadline and/or special temporary authority to use interim facilities to complete their transition to a post-auction channel,” the task force said. “We have granted over 280 such requests by stations for relief during the transition, and many of those stations have already completed the transition to their permanent facilities.” For the full-power transition, the agency initially estimated reimbursement costs at $1.85 billion. “We have continued to receive and review revised estimates that both increase and decrease the anticipated costs of transition,” the PN said. As of Dec. 6, the aggregate verified estimate for full-power and Class A stations and MVPDs was $1.95 billion. The total amount of reimbursement funds allocated is $886 million.

Unlicensed radio local area network (RLAN) Wi-Fi wireless routers/transmitters in 6 GHz would interfere with electronic newsgathering services, as predicted, NAB said in an FCC docket 18-295 posting Thursday, citing an Alion study the association commissioned and submitted. Alion said testing of ENG receive sites near San Diego and Washington documented "many cases of significant continuous or near-continuous interference." NAB said the study used computer modeling of indoor camera to indoor receiver, outdoor camera to news truck, and outdoor news truck to central receive site: RLAN interference was so high that the signals were always equal to or greater than the ENG receiver noise floor.

Decisions on the national ownership cap should allow broadcasters to “achieve sufficient scale to compete fairly in today’s diverse media marketplace,” said Tegna CEO Dave Lougee in a meeting Monday with FCC Commissioner Mike O'Rielly, per a filing posted Thursday in docket 17-318. “When journalism and localism are more important than ever, the public interest would be served by allowing healthy growth for broadcasters.”

The FCC Media Bureau approved Univision's unopposed request for an increase in the percentage of the company that’s allowed to be foreign-owned, said a declaratory ruling in docket 19-132, posted in Thursday's Daily Digest. The request would allow internal restructuring (see 1905070032). The ruling would allow the broadcaster's foreign equity and voting interest to exceed 25 percent and to increase up to 70 percent.

The FCC Media Bureau wants to update the record on low-power TV stations operating analog radio services, said a public notice posted Wednesday. “Due to the impending deadline for elimination of the analog LPTV service, and recent developments in the record, we seek to refresh the record in this proceeding,” the PN said. Some commenters have asked to be allowed to continue operating analog radio stations after converting to digital, the PN said. Comments on whether that should happen, how it should be administered, and possible interference concerns are due 30 days after Federal Register publication, replies 15 days later.

The Media Bureau is seeking comment by Dec, 30 , replies Jan. 13 on NAB's petition for reconsideration of the FCC’s policy clarification on political file rules (see 1911180068), said a public notice in Monday's Daily Digest. The docket is 19-363.