It’s not clear how interested parties will raise issues about the FCC’s draft agenda items for the Jan. 30 meeting with staff furloughed, Wilkinson Barker broadcast attorney David Oxenford blogged Friday. The rules on what FCC services are available during the shutdown (see 1901040008) are “complex and open to interpretation,” Oxenford said. Though the agency didn’t mention it in the shutdown PN (see 1901020048), the online public file database has been shuttered while the FCC is closed, Oxenford said. That means public file updates such as quarterly issues programs lists -- due Thursday -- can’t be uploaded, he said. Broadcasters are required to provide access to backups of their political files when the FCC is offline, Oxenford said. “Luckily, with few elections taking place at the moment, this should not generally be a widespread issue, but it could obviously become an issue should the shutdown persist." The agency didn't comment right away.

Gray Television completed its buy of Raycom (see 1901030013), it said in a news release Thursday. That deal’s consummation led in turn to the completion of the sales of divestitures to Scripps and Tegna, those companies said in releases. Gray/Raycom was approved in December (see 1812200065). “Gray now owns the first or second highest rated television station in 85 markets,” said Gray’s release. The divestiture to Scripps sent three ABC affiliates in Florida and Texas to the company, while the sale to Tegna involved stations in Ohio and Texas.

Market modification petitions filed by the Stephens County, Georgia, board of county commissioners lack “required evidence,” said four broadcasters in a joint opposition filing posted Friday. Stephens County wants to be added to the local TV markets of four Atlanta stations, but the broadcasters -- who own stations in South Carolina -- said the Atlanta stations don’t cover content local to Stephens County and the county doesn’t have a history of receiving Atlanta television broadcasts. That the Atlanta stations are in the same state as Stephens County “is neither exclusive nor dispositive,” said broadcasters WYFF Hearst Television, Meredith Corporation, Nexstar and WLOS Licensee. “Neither Congress nor the Commission ever declared or suggested” that a station’s in-state location is more important in considering market modification requests than local focus, history and coverage, the broadcasters said. “There is no evidence that the Atlanta Stations that would be imported into Stephens County have expressed a specific desire to be carried in that county or an intention to provide localized programming that is specifically targeted to the county,” the filing said.

As of Friday, there had been 137 separate programming blackouts in 2018, compared with 213 in 2017, the American TV Alliance said. It said more involving ABC affiliates on Verizon Fios, Nexstar-owned local stations on TDS and Tribune Broadcasting stations and Tribune's WGN America network on Charter Communications could happen Monday. It claimed broadcasters "are notorious" for using live sports and other must-see TV programming at year's end as leverage. Over-the-air broadcasters "are committed to negotiating fairly with pay-TV providers for retransmitting the most-watched programming on television [and] it's unfortunate when pay-TV providers decide to use consumers as pawns during these negotiations rather than work towards a mutually beneficial agreement,” NAB emailed. "99% of retransmission deals are reached with no disruption in service to consumers.”

The FCC "failed" to address its obligation “to promote race and gender diversity in broadcast ownership,” said anti-consolidation groups challenging the 2014 quadrennial review, ownership reconsideration order, and broadcast incubator program in a brief (in Pacer) with the 3rd U.S. Circuit Court of Appeals Friday. Opening briefs are also due from the other petitioners: the Multicultural Media Telecom and Internet Council, National Association of Black Owned Broadcasters and a group of broadcasters. Anti-consolidation groups in the case are Free Press, Common Cause, the Communications Workers of America, Media Mobilizing Project, United Church of Christ and Prometheus Radio Project. “We’re suing the FCC for repeatedly failing to foster a media system that reflects the diversity of the American people,” said Free Press Deputy Director Jessica Gonzalez. "The federal court in Philadelphia has told the FCC three times that it must take a hard look at how consolidation might harm ownership by women and people of color,” said Cheryl Leanza, who represents UCC and is lead counsel on the joint brief. “The FCC continues to whistle in the dark but take no action," said Leanza. The FCC’s response is due Feb. 14, and oral argument is expected in spring. The agency didn't comment.

Birach Broadcasting Corp. (BBC) faces a proposed forfeiture of $18,000 for keeping its WPON(AM) Walled Lake, Michigan, silent for longer than authorized and failing to disclose material facts, said a notice of apparent liability and short-term renewal order by the FCC Media Bureau Friday. WPON was granted special temporary authority to go silent for a few months in 2005 but remained silent for long periods through 2010, said the NAL. When it applied for another STA in 2010, BBC didn’t disclose the station’s repeated silences in the intervening years, the NAL said. “BBC’s conduct has fallen far short of that which would warrant routine license renewal." The license is being renewed for one year: “This limited renewal period will afford the Commission an opportunity to review the Station’s compliance.”

Elimination of requirements broadcasters send paper copies of certain contracts into the FCC takes effect Jan. 22, said Friday's Federal Register. The change was OK'd at the October commissioners' meeting (see 1810230037).

The FCC approved Gray buying Raycom for about $3.6 billion without more conditions beyond divestitures proffered by Gray, said an order Thursday, as expected (see 1812180034). The deal was approved by the Media Bureau on delegated authority, and includes a sign-off on the two existing top-four combinations in Texas and Hawaii. “The regulatory consents include no unexpected or unusual terms and conditions,” Gray said. Now with both FCC and DOJ approval (see 1812140019), the deal is expected to close Jan. 1, Gray said. The transaction includes divestitures in nine markets totaling $235 million to Lockwood Broadcasting, E.W. Scripps, Marquee Broadcasting and Tegna. When the purchase is complete, Gray will be third largest U.S. broadcast group, with 133 TV stations in 92 markets, Gray said. Per the order, the combination’s ownership reach will be 17 percent with the UHF discount. It would rise to 24 percent without the discount, Gray said. The deal includes nonbroadcast Raycom businesses Raycom Sports and automotive production company RTM Productions. Raycom CEO Pat LaPlatney and other executives will join the new Gray (see 1806250010). No petitions to deny were filed, but NCTA, Dish Network and the American Cable Association raised concerns about the combination’s effect on retransmission consent prices. “Commenters’ allegations regarding retransmission consent do not raise a substantial and material question of fact as to whether grant of the Applications would serve the public interest,” the bureau said.

The FCC Media Bureau is seeking comment on Ion’s proposal for an amendment to the DTV Table of Allotments to change the community of license for its Tennessee station WNPX-TV Cookeville to Franklin, said an NPRM in Wednesday. The move would give Franklin its first local TV station, Ion has said. Comments are due in docket 18-383 after Federal Register publication. Earlier this month, the company got Media Bureau OK to move in Kentucky WUPX-TV Morehead to Richmond, a bigger city (see 1812110063).

The investigation into CEO Les Moonves should cast doubt on CBS fitness to hold an FCC license, and the agency needs to obtain and review CBS’ investigation (see 1812170050) before rejecting calls to overturn the already-approved Entercom purchase of CBS Radio, said broadcast owner Edward Stolz in a reply filing in his latest appeal of that deal, posted Wednesday in docket 17-85. Stolz’s many previous filings against the deal, which was approved more than a year ago, have been rejected by the agency and the U.S. Court of Appeals for the D.C. Circuit. “There now appears to be no doubt that former CBS Corporation chairman and chief executive officer Leslie Moonves was a sexual predator,” said Stolz: Lack of timeliness shouldn’t prevent the FCC from taking the information into account. CBS and Entercom didn’t comment.