The FCC unanimously affirmed a 2017 administrative law judge decision revoking construction permits and licenses for three California FM stations over allegations from the late 1990s about a lack of candor, said a docket 03-152 order in Thursday’s Daily Digest. Democratic Commissioners Jessica Rosenworcel and Geoffrey Starks submitted statements (attached to the order) emphasizing that broadcasters found to have dealt dishonestly with the FCC should have their licenses revoked. None of the Republican commissioners issued statements. “In the case of an unscrupulous licensee with multiple stations, misrepresentation and lack of candor constitutes ‘serious deliberate misconduct’ that could put all of a broadcaster’s licenses at risk,” said Starks. William Zawila -- licensee of one of the stations and representative for the estates of other parties in the case -- argued that too much time had passed since the offenses involved and that the Enforcement Bureau hadn’t correctly handled filings in the matter. Those challenges are invalid on their merits and untimely filed, the FCC said. “Long ago the Federal Communications Commission established that the ‘trait of truthfulness’ is a necessary element of the character required to operate a broadcast station in the public interest,” Rosenworcel said. Though Sinclair isn't mentioned in the order or Commissioner statements, both Starks and Rosenworcel have been critical of that broadcaster, which had an attempted deal with Tribune designated for hearing in 2018, over allegations the company may have shown a lack of candor. That ALJ proceeding ended in 2019 when the deal was withdrawn, but several broadcast attorneys said they expect the candor issue to re-emerge as license renewals for Sinclair’s stations come up in 2020 (see 1903050075). “This year, a decision from the agency revisited that notion and concluded that honesty with the FCC is a foundational requirement for holding a license,” Rosenworcel said. Sinclair didn’t comment.

Comments are due Jan. 21 on Liberman Broadcasting’s petition for a declaratory ruling allowing it to be up to 100 percent foreign owned, said an FCC Media Bureau public notice in Monday’s Daily Digest. Liberman wants the ruling because of an upcoming bankruptcy reorganization that will lead to its being controlled by SLA, which is ultimately controlled by other Cayman Islands-based entities whose owners who are residents of the U.K., the PN said. Reply comments on the petition in docket 19-386 are due Feb. 5.

Broadcasters will be able to start filing children’s television reports in the FCC’s licensing and management system by Jan. 30, after OMB approved the FCC’s form revisions Friday, said the Media Bureau in a docket 18-202 public notice and in Monday’s Daily Digest. The information collection aspects of the kidvid rules take effect Jan. 21, the PN said (see 1910070064). The bureau plans a webinar Jan. 23 on changes to children’s television reports, the PN said.

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.