An NPRM on equal employment opportunity enforcement offered by FCC Chairman Ajit Pai to satisfy concerns raised by Democratic commissioners doesn't go far enough to solicit diversity data, said Commissioners Jessica Rosenworcel and Geoffrey Starks in statements released with the approved item Friday. Though the NPRM in docket 19-177 was first proposed as a compromise offering to Starks and Rosenworcel (see 1902140053), both voted “concur” on the item. “I asked that we include language in this item to refresh the record on this languishing EEO data collection,” said Starks. “Unfortunately, my request was denied.” The item seeks comment on the FCC's track record on EEO enforcement and on whether it should be improved. ”What elements of the Commission’s EEO enforcement program are effective?” the NPRM asked. It seeks comment on modifying the EEO audit program to ensure that hiring decisions aren't made before jobs are widely posted. The NPRM is “unduly narrow,” said Rosenworcel. It “neglects to inquire about data that will help inform our work to modernize these policies,” she said. Starks unsuccessfully asked the item include a Further NPRM on collecting EEO data through Form 395-B. Pai said he has constitutional concerns about collecting such data. Looking into EEO enforcement was proposed in filings from a collection of 33 diversity groups, but the NPRM doesn't explicitly seek comment on some proposals from those filings. The diversity groups proposed the agency focus first on identifying companies using word-of-mouth recruitment and then require the Form 395-B data collection only from companies that had already been found to be violating EEO rules.

The FCC should exempt noncommercial educational TV stations from the simulcasting requirements of the ATSC 3.0 transition, PBS and America’s Public Television Stations told Media Bureau staff Tuesday, according to a filing posted Friday in docket 16-142. Only low-power TV stations currently are allowed to “flash-cut” to 3.0 -- full-power broadcasters must continue broadcasting substantially similar content in the current 1.0 standard along with a 3.0 broadcast stream. Commercial broadcasters are cooperating to host each others’ broadcasts to make the shift, but public TV officials argued NCE stations will have difficulty finding transition partners. “Without such an exemption, the simulcasting mandate will preclude many public television stations from pursuing a transition to ATSC 3.0,” the filing said. That will disproportionately affect noncommercial stations and rural communities, it said.

Comments are due July 22 on Mexico-based Multimedios's petition for a foreign ownership declaratory ruling to allow its subsidiary Leading Media Group to buy five radio stations in Texas, said a public notice in Thursday's Daily Digest (see 1905220072). Multimedios needs OK for the purchasing subsidiary to be 100 percent foreign owned for the deal to go through, the PN said. The stations involved in the prospective deal are KBDR(FM) Mirando City, its booster KBDR-FM1 Laredo, KNEX(FM) Laredo, KLNT Laredo and KURV Edinburg. Replies are due in docket 19-167 Aug. 6.

The draft kidvid order set for the FCC's July 10 meeting is “very disappointing,” emailed Georgetown University Institute for Public Representation co-Director Angela Campbell. By allowing a third of the required hours to be aired on multicast channels (see 1906190067), the order “effectively lowers” the minimum requirement to two hours since multicast channels have extremely low viewership, Campbell said. Child advocacy groups “strongly reject” the FCC's characterization of the order as balanced, said Campbell, who's on the board of Campaign for a Commercial-Free Childhood. “As we see it, broadcasters are getting all of the benefits, and children -- especially low-income children -- will be harmed.” NAB said Thursday that the draft order is “common sense reform,” but it could have gone further: “While NAB believes the record supports even further relief from KidVid rules, we appreciate the flexibility these revised rules will provide to broadcasters." Permitting broadcasters to air non-regularly scheduled programs would allow them to “get creative in how to best serve kids,” blogged NAB General Counsel Rick Kaplan. The draft order would allow broadcasters to air more programming during seasonal breaks when youth are more likely to watch, Kaplan said. “The FCC did its best to achieve a balance in which all stakeholders should find comfort.” But Kaplan said the agency could have gone further.

Procedures for the June 25 mutually exclusive auction of FM translator construction permits are to appear in Thursday's Federal Register (see 1906100036). Upfront payments in Auction 100 are due May 23. Bidding starts June 25.

Revisions to the application process for noncommercial educational broadcast licenses and low-power FM stations shouldn't treat boards of such stations as owners (see 1905210069), said 54 NCE TV and radio licensees, among replies posted in docket 19-3 through Wednesday. The group includes universities and state educational authorities. The idea that a government agency or public university is owned by its governing board is ”conceptually misguided,” they said. Don't change much about the current process for handling mutually exclusive LPFM applications, said Center for International Media Action's sole staffer Pete Tridish. “You're doing great, FCC!” Allowing groups to band together to make their applications more viable encourages working together and helpful behavior, he said: “A system where groups can win by being nice and respectful, rather than buying a victory with lawyers and engineers and consultants: that is a treasure.” The FCC should improve policies requiring site assurances to prevent gamesmanship by applicants, said LPFM group REC Networks. Don't allow applicants to get around rules barring former radio pirates by changing board members, REC said.

The FCC Enforcement Bureau mailed the second batch of equal employment opportunity audit letters for 2019 Thursday, said a public notice in Tuesday’s Daily Digest. Each year, about 5 percent of all radio and television stations are selected for EEO audits.

Connecticut Public Broadcasting Inc. failed to address substantive points raised in a PMCM application for review (see 1906070074) appealing CPBI’s move of WEDW Stamford, Connecticut, from Bridgeport, replied PMCM, posted Tuesday. CPBI didn’t sufficiently show FCC partial lifting of a 2004 freeze on such petitions enabled the move, the commercial broadcaster said. The move will also have a public service cost because WEDW will lose 1 million viewers from its service area, PMCM said. The FCC should also consider the viewer loss of WZME Bridgeport, which channel shares with WEDW, PMCM said. The people of Connecticut are suffering “a double whammy” from the move by losing two stations, it said.

DOJ’s current definition of the broadcast market “is a holdover from an anachronistic assessment of marketplace dynamics,” commented NAB to DOJ in response to its May workshop on broadcast competition (see 1905020068). Evidence shows broadcasters have a declining share of advertising revenue and compete against tech companies and MVPDs, NAB said, released Tuesday. “Given profound changes in the media and advertising market, we urge the DOJ to modernize its view that broadcast television stations compete only against themselves,” NAB said. “Neither audiences nor advertisers believe that local broadcast stations are their only options for accessing content or placing advertisements.” Justice didn't release comments and didn't return our query seeking any of them.

Bonneville International supports past FCC elimination of the newspaper/broadcast cross-ownership (NBCO) rule and the agency’s consideration of radio ownership rules in the current quadrennial review proceeding, the broadcaster said in meetings Wednesday with Chairman Ajit Pai, an aide to Commissioner Brendan Carr, and Media Bureau Audio Division Chief Al Shuldiner, according to an ex parte filing posted in docket 18-349 Monday. Bonneville is among broadcast intervenors on the FCC’s side in the 3rd U.S. Circuit Court of Appeals Prometheus IV challenge of the 2014 quadrennial review and subsequent recon order, which includes the elimination of the NBCO rule. After oral argument appeared to go against the FCC last week, many observers expect some of those rules to be remanded or vacated (see 1906130052).