A New York Supreme Court judge dismissed portions of Marshall Broadcasting’s breach of contract lawsuit against Nexstar Broadcasting, but aspects remain. Marshall argued in the lawsuit and to the FCC that Nexstar exerted undue control over stations it divested to Marshall in 2014 (see Ref:1904030071]). Marshall’s court arguments that Nexstar breached a shared service agreement and agreements with creditors concerning Marshall survive, as does Marshall’s claim that Nexstar hasn’t abided by agreements to hand over retransmission consent fees for the stations. The bulk of Marshall’s other arguments were dismissed Wednesday for a lack of evidence or for being duplicative. Friday, Nexstar and Marshall didn’t comment.

Simply disagreeing with a 2016 FCC Media Bureau rejection of a carriage complaint against Comcast (see 1609260049) isn't enough to warrant reconsideration of it, the bureau said Thursday, dismissing Liberman's recon petition. It said the broadcaster didn't show a material error or other reason to revisit the decision. It said there's no reason the new facts and arguments introduced in the petition couldn't have been presented earlier. Liberman outside counsel didn't comment.

The 2019 biennial filing window for broadcast ownership reports using FCC form 323 opens Friday, said a Media Bureau reminder public notice Wednesday. The window closes Jan. 31, said the docket 07-294 PN. The licensing management system will include “additional functionalities” to expedite the process, the PN said. Filers can validate and resubmit previous versions if they remain accurate, copy information from previous filings, and use a specialized search function. The window was set to open Oct. 1, then delayed for the technical improvements (see 1909170041).

Streaming retransmission service Locast is in Seattle, its 16th market, the Sports Fan Coalition-run service said Wednesday. SFC founder David Goodfriend also emailed that broadcasters' motion to dismiss (in Pacer, docket 19-cv-07136) Locast counterclaims (see 1909270013) was expected. Broadcasters suing Locast for copyright infringement (see 1907310043) said Locast's "conspiracy theories" don't add up to a legal claim because it doesn't have standing to challenge the strength of TV stations' broadcast signals or to challenge the retransmission consent fees paid by MVPDs. The broadcasters said Locast hasn't alleged any of them conspired to say anything to any potential Locast business partner.

The FCC’s draft NPRM on all-digital AM radio would seek comment on allowing AM stations to voluntarily switch to all-digital service; technical standards and notification procedures for such a switch; and possible consequences such as interference, said the draft version of the item set for the upcoming Nov. 19 commissioners' meeting. The item tentatively concludes that the FCC should allow such transitions, and that all-digital operation would improve quality and potentially the coverage of AM broadcasts. It would also allow for the transmission of auxiliary data such as song and title information, the draft NPRM said. “The AM service has struggled for decades with a steady decline in listenership caused by interference and reception issues and the availability of higher fidelity alternatives,” the draft NPRM said. The draft item also seeks comment on possible co-channel interference that could arise from all-digital service, and on whether operation should be allowed at night. The FCC previously has sought comment on relaxing nighttime restrictions on some AM stations but hasn’t pulled the trigger on actual rule changes; the draft item seeks comment on whether all-digital AM stations involve the same nighttime interference issues as analog ones (see 1901290055). The other broadcast item is an NPRM seeking comment on relaxing rules preventing same-market, commonly owned radio stations from airing the same programming. The draft seeks comment on whether the rules promote spectrum efficiency, and whether it should be relaxed to be less stringent or apply only to FM stations. “The current version of this rule was adopted a generation ago, in 1992, and there have since been considerable changes in the radio broadcast industry,” the draft NPRM said.

The FCC Media Bureau and Office of Managing Director ordered two radio licensees to pay overdue regulatory fees, per Monday’s Daily Digest. Cox Broadcast Group, licensee of WCGA (AM) Woodbine, Georgia, owes more than $11,000 in regulatory fees going back to 2010, and La Favorita owes just under $80,000 for Georgia stations WAOS(AM) Austell, WLBA(AM) Gainesville and WXEM(AM) Buford going back to the same year. MB and OMD canceled an order for Livingston Fulton on delinquent regulatory fees for WSRA(AM) Albany, Georgia (see 1907090043). Fulton was able to show that nonprofit Agape Life Ministries has been the licensee of WSRA since 2004, and nonprofits are exempt from regulatory fees. Cox didn't comment.

The FCC Media Bureau plans a symposium on trends in broadcast radio and TV Nov. 21 in the Commission Meeting Room. Beginning at 10 a.m., the panels will feature broadcasters and industry. The event will be livestreamed.

Verance joined the Advanced Warning and Response Network Alliance. The company's Aspect watermark platform enables the metadata and “triggers” needed for advanced emergency alerting to reach all connected TVs “across all distribution paths,” including ATSC 3.0 and 1.0 receivers, plus pay TV and over-the-top services, it said Thursday.

BBC “continues to struggle to retain younger audiences,” and needs to take “significant further steps to engage” them, said Ofcon’s second annual report Thursday. Its youthful “reach” in the past year “continued to decrease across TV, radio and its main BBC online sites,” said the regulator. If younger demographics “don’t engage with the BBC, then public support for the licence fee in future could be eroded,” it said. That would “undermine” the BBC’s ability to fund content creation and procurement, posing a “significant risk” to its “future sustainability,” it said. The U.K. public service broadcaster welcomes Ofcom's "recognition that audience satisfaction remains high and that the BBC continues to deliver for British audiences by producing high quality, distinctive and creative content as well as the most trusted and accurate news," emailed a spokesperson. “BBC has a clear plan in place to meet the needs of younger and diverse audiences," and is "focused" on the BBC iPlayer, BBC Sounds and BBC News Online platforms, she said. "All three have grown strongly in the last year. So our plan is clearly working. But we want to do even more for young and diverse audiences and we will."

The FCC is expected to unanimously approve a draft NPRM seeking comment on eliminating seldom-used rules on broadcast antenna siting (see 1910040053), said broadcast industry and FCC officials in interviews. The media modernization item is set for Friday’s commissioners' meeting but could be voted ahead of time, officials said. The rules prohibit granting an FM or TV license if the applicant controls a uniquely situated antenna site. Created in 1945, the rules are expected to have little effect on the industry for decades, numerous broadcast attorneys told us. The draft item also seeks comment on whether the siting rules will have relevance during the transition to ATSC 3.0. “We are aware of no instance where a license application or license renewal application was denied on the basis of a violation of these rules,” said the draft NPRM.