Speculation about an FCC proceeding against Stephen Colbert's show is "much ado about nothing," a broadcast lawyer blogged Monday, as a union slammed Chairman Ajit Pai for reportedly saying the agency may investigate. Colbert said “the only thing" President Donald Trump's "mouth is good for is being [Russian President] Vladimir Putin’s cock holster,” with the CBS show host's mouth blurred and the term bleeped. With The Late Show with Stephen Colbert airing during the indecency safe-harbor that begins at 10 p.m., indecent programming isn't prohibited, wrote Wilkinson Barker's David Oxenford. "Theoretically, a program that runs during the safe harbor could still be illegal if it is obscene. But for a program to be obscene, it needs to be really bad. ... The extremely rigorous obscenity test simply would not be met." Writers Guild of America, East and West wrote they're appalled that Pai said the agency may investigate the joking comments and act if it is found to be obscene: "What is obscene is not what Colbert said but any attempt by the government to stifle dissent and creativity." The FCC reviews "all consumer complaints as a matter of standard practice and [relies] on the law to determine whether action is warranted," emailed a spokesman. "That a complaint is reviewed doesn't speak one way or another as to whether it has any merit.” We couldn't reach a CBS representative for a comment.

Some FCC noncommercial educational station on-air fundraising rules will be effective July 5, the agency said in Friday's Federal Register. It said other portions with information-collection requirements needing Office of Management and Budget approval under the Paperwork Reduction Act will become effective later via a Federal Register notice. Last month, commissioners voted unanimously to approve such rules (see 1704200048).

FCC re-establishment of the UHF discount on national broadcast-TV ownership caps takes effect June 5, the agency said in Friday's Federal Register. "With the reinstatement of the discount, the Commission will commence a proceeding later this year to consider whether the national television audience reach cap, including the UHF discount, remains in the public interest." Commissioners last month approved on a party-line vote the UHF move, which lets owners of those stations reach a higher percentage of nationwide TV households than those owning only VHF stations (see 1704200048).

Gray Television will buy CBS affiliate WCAX-TV Burlington, Vermont, from Mt. Mansfield Television for $29 million, the buyer said in a news release Thursday. It's part of Gray’s strategy of “select acquisitions of market-leading stations,” said the broadcaster, what Wells Fargo analyst Marci Ryvicker called a “tuck-in acquisition strategy” in an email to investors. It "will expand the co.'s presence in another state capital and college market,” Ryvicker said. The deal is expected to close in Q3, Gray said.

The newspaper/broadcast cross-ownership rule is “no longer necessary to promote the public interest, and should be abolished,” said News Corp. Global Head-Government Affairs Antoinette Cook Bush in a meeting with FCC Chairman Ajit Pai Tuesday, according to an ex parte filing posted Thursday in docket 14-50. “The rule is outdated and fails to reflect the dramatic increase in news services available online and on cable.” Pai should eliminate the rule “in the context of the pending reconsideration proceeding rather than as part of any future Quadrenniel [sic] Review” to create certainty for the newspaper industry, the filing said.

Entercom planning to combine with CBS Radio violates FCC ownership rules because it would place multiple stations in the Sacramento and San Diego markets into the same trust, said Edward Stolz in a petition to deny filed against the transaction (see 1703210063). Stolz opposed the license renewal of KDND(FM) Sacramento. Entercom turned in that license after its renewal was designated for hearing before an administrative law judge. KDND’s renewal was challenged based on a 2007 radio contest it conducted that led to the death of a listener. In Tuesday’s petition, Stolz asked the FCC to reject the Entercom/CBS applications, adopt a petition that was never acted upon in the KDND hearing, and reopen renewal proceedings on Entercom’s other Sacramento stations. The Media Bureau renewed those licenses in January (see 1701190047).

Raycom Media’s purchase of ABC affiliates WWSB Sarasota, Florida, and WTXL-TV Tallahassee from Calkins Media closed Monday, the buyer said in a news release. The acquisition “strengthens Raycom Media’s southeastern footprint and national household reach,” it said.

A possible buy of Tribune by Fox may have been facilitated by the FCC’s recent action to restore the UHF discount (see 1704200048), said Wells Fargo analyst Marci Ryvicker and separately Gimme Credit analyst Dave Novosel in emails to investors. The potential deal could involve Fox teaming with Blackstone to offer an all-cash bid for Tribune, both Ryvicker and Novosel said. Tribune is worth $3.2 billion, Novosel said. “The opening for such a transaction was provided by a recent ruling by the FCC allowing TV station owners to count only half of their coverage areas for UHF when complying with rules that limit national coverage to 39% of U.S. households.” Both analysts said it isn't clear what the ownership structure of the new company would look like. It could be a joint venture with Fox and Blackstone as equal partners, Ryvicker said. “The deal could also be viewed as a defensive move, since Sinclair Broadcasting has also bid on the company,” Novosel said. “A combined Sinclair/Tribune would carry more leverage in negotiations with Fox regarding carriage fees for its programming.”

Penalties for unlicensed radio use should be more in line with the penalties for slamming/cramming, Commissioner Mike O’Rielly appeared to say in a tweet Monday. “Why does pirate radio 'station' by repeated lawbreaker get $20k NAL, but 150 slamming/cramming complaints gets $1m F.O. [forfeiture order]?” O’Rielly tweeted. The tweet ended with the hashtag “#FixPiratePenalties,” indicating O’Rielly was taking issue with the piracy proposed forfeiture rather than the slamming/cramming amount. In a follow-up tweet, O’Rielly clarified that he was referring to the notice of apparent liability issued Thursday against Sergio Plasencia for repeated unlicensed broadcasting in Miami, and a $1 million fine issued Wednesday against Advantage Telecommunications, a Florida-based long distance carrier. The Enforcement Bureau, the FCC and O'Rielly didn't comment. O'Rielly was critical of the bureau in a recent speech at the NAB Show (see 1704250053).

The Parents Television Council wants indecency complaints to be filed against an April 25 episode of the Fox show The Mick because in it, a minor calls her guardian “the mayor of tit town,” PTC said in a news release. “Not only was an indecent word used in a sexual context, but the dialogue was delivered by a minor,” PTC said. “The entire episode included graphic sexual dialogue and double-entendres, yet it was rated by Fox as appropriate for viewing by children as young as 14 years old.” The episode was about a teenage girl who wants breast implants, PTC said. Fox didn’t comment. “We urge the FCC to act and to help families protect their children from indecent content, just as the Congress has instructed and just as Chairman Ajit Pai has pledged,” the group said.