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.

U.S. District Court in Los Angeles should reject the Radio Music License Committee’s “procedurally improper” motion for review of a magistrate judge’s evidence order in Global Music Right’s lawsuit (see 2001160026) against RLMC, GMR filed Tuesday (on Pacer). RMLC should raise any concerns through the meet and confer process, GMR said: The judge decided it would be a “crushing burden” to require GMR to collect, review and produce documents about its interactions with terrestrial radio companies.

Private equity firm Black Dragon Capital agreed to buy Belden's Grass Valley broadcast software company, Grass Valley announced Tuesday. The deal is expected to be completed in Q1, the release said. “There are no immediate changes planned to Grass Valley's operational management structure.” The deal has an upfront cash payment of $140 million plus “various forms of deferred consideration,” including a $213 million five-year seller’s note, up to $130 million in payment-in-kind interest and $150 million in “potential earn-out payments,” Belden said.

The FCC Media Bureau rejected Prometheus Radio Project’s petition for reconsideration of the bureau’s denial of an objection to an FM translator application from Mega-Philadelphia, said a letter in Tuesday’s Daily Digest. The application was among 328 Prometheus-filed petitions of reconsideration, after its 994 informal objections were rejected (see 1901290033) for lacking standing. The one against Mega-Philadelphia was found to have standing but was denied on its merits. Prometheus argued all FM translator auctions should adhere to the stricter protection requirements the bureau imposed in Auction 83. MB said it sets the rules for each auction individually: “We therefore reject Petitioner’s contention that the procedures set up for Auction 83 must be utilized in all subsequent secondary service filing windows.”

FCC Commissioner Mike O’Rielly said he’s not “professionally embarrassed” about the state of the TV industry, in a letter to longtime consumer activist and former presidential candidate Ralph Nader posted Monday. “I am proud of the accomplishments of my work and this Commission,” O’Rielly responded to letters Nader sent to all five commissioners in March and in January. The March letter called the FCC “an inert toady” for the radio, broadcast TV and cable industries and Chairman Ajit Pai “a textbook poster boy for future scholars of regulatory capture.” Last month, Nader rebuked commissioners for not responding. "This is not good protocol," Nader told the commissioners. "Remember, the agency that you have been entrusted with is called the Federal Communications Commission, not the Federal Stonewalling Commission." In an interview Monday, Nader said TV content is largely “junk” and the FCC let down the public interest by allowing too much advertising and getting rid of regulations that served the public, such as the fairness doctrine. Licensees are taking advantage of public resources in the form of broadcast spectrum and cable licenses, Nader told us. “They’re using our private property!” Nader said. “I respectfully disagree,” O’Rielly said in his response letter. Nader faulted the other FCC members for not responding. He’s waiting for more responses before deciding whether to reply to O’Rielly.

BMI and the Radio Music License Committee agreed to settle their rate dispute and will enter into a multiyear deal covering licensing from 2017 until 2021, they announced Thursday. Along with a new rate retroactive to 2017, RMLC agreed to a one-time payment to BMI to cover litigation fees. The agreement “clarifies and preserves the platforms that are covered by the scope of the license and associated revenue, including over-the-air broadcasts, as well as the stations’ simulcast streaming, podcasts and HD radio,” the release said. That sentence could lead to confusion among broadcasters regarding using licensed music in podcasts, blogged Wilkinson Barker broadcast attorney David Oxenford Friday. BMI “controls only a portion of the rights necessary to use music in podcasts and, without obtaining the remaining rights to that music, a podcaster using the music with only a BMI license is looking for a copyright infringement claim.” The deal needs judicial OK, the release said. “While litigation is sometimes a necessary step, our preference is always to work out an amicable solution with our licensing partners,” said BMI CEO Mike O’Neill. “We hope that this deal will assist others in the music licensing community in determining fair rates for everyone,” said RMLC Chair Ed Atsinger.

The FCC hinted at the possibility of a Supreme Court appeal of the 3rd U.S. Circuit Court of Appeals Prometheus IV decision, in a status report in another case Wednesday. FCC Chairman Ajit Pai declined to comment Thursday whether his agency is in discussions with DOJ about seeking certiorari for a SCOTUS appeal by the Feb. 18 deadline. In a joint filing with the News Media Alliance in another 3rd Circuit case, News Media Alliance v. FCC (On Pacer, No. 17-1108), the FCC asked the court to delay because of a possible cert petition. The 3rd Circuit should “hold this case in abeyance until any timely filed petitions for writ of certiorari in the Prometheus cases are disposed of and (ii) extend the deadline prescribed by the Court’s November 20, 2018 Order until 30 days after the certiorari petitions, if any, are disposed of,” said the joint filing. The alliance case was a 2017 challenge to the FCC ban on newspaper/broadcast cross-ownership that has been on hold while similar cases such as Prometheus proceeded.

FCC commissioners rejected an application for review of a Media Bureau decision nixing appeal of MB rejection of a former station’s license renewal application because it was filed without informing the FCC that the licensee had died, said an order Wednesday. Frank Rackley, licensee of DWNBN(AM) Meridian, Mississippi, died in 2011, but the station’s license renewal application was filed in 2012 without disclosing his death. Under FCC rules, “an application for involuntary assignment of license must be filed with the Commission within thirty days after the date of death.” Six years later, station administrator Eddie Rackley filed the correct application and the bureau approved the transfer of the station to Jimmie Hopson, but documents reflecting the consummation of the sale and seeking approval of Hopson as a licensee were never filed, the order said. In June 2018, staff dismissed the renewal application and ruled that the station’s license expired in 2012. Arguments from Rackley and Hopson they were unfamiliar with the rules and weren’t represented by counsel are new and inapplicable to an appeal, and wouldn’t be a defense anyway, the order said. “It is well settled that parties that act pro se assume the responsibility of complying with the Rules,” said a footnote.