Free Access & Broadcast Telemedia sought FCC release of incentive auction information, citing transparency moves by Chairman Ajit Pai and a blog post by Commissioner Mike O'Rielly encouraging votes by members on substantive actions that staff might do on their own. FAB, which challenged some rules of the auction in the U.S. Court of Appeals for the D.C. Circuit (see 1611290048), also sought action on its Oct. 21, 2015, appeal of denial of its Freedom of Information Act request on repacking's impact on low-power TV stations. The LPTV company wants a vote on a channel reassignment public notice, release of TV channel reassignments and the Incentive Auction Task Force to list LPTV stations that will be affected by proposed reassignments. An IATF spokesman declined to comment Monday. "Channel assignment information has already been released in a haphazard form to individual stations," FAB said in a filing Friday in docket 12-268. "Just as the Commission waived the quiet period requirements for reverse auction participants to discuss openly their repacking plans or their payments, the Commission can decide to provide early public access to the listing of the new channel assignments."

Dish Network -- not its reseller OpticalTel -- is responsible for following Communications Act requirements on retransmission consent of WXCW Naples, Florida, the FCC Media Bureau said in a docket 14-258 order posted Monday dismissing WXCW's complaint against OpticalTel. The order follows an OpticalTel petition for reconsideration that was filed after a 2016 order that concluded OpticalTel had retransmitted WXCW's signal without retrans consent. That 2016 order "erroneously focused" on whether Dish provided OpticalTel with transport services and not the right to retransmit the WXCW signal when it should have focused on clear precedent that retrans consent obligations rest with the DBS operator not the reseller, the bureau said. The bureau also dismissed an objection by WXCW owner Sun Broadcasting and said language Sun cited in the Cable Act doesn't change the fact a DBS operator needs to get retrans consent where it allows a reseller to distribute its service. Sun counsel didn't comment Monday.

A group of religious broadcasters wants the FCC to act after waiting "a number of years" on allowing noncommercial educational (NCE) stations to fundraise on-air for other nonprofits, calling it "nonpartisan" since then-Chairman Julius Genachowski started the proceeding. National Religious Broadcasters said, based on concerns of public broadcasters "being put in an awkward position," the rule could apply only to NCEs that aren't CPB grantees. NRB Vice President-Government Relations Aaron Mercer, who reported Friday on lobbying earlier in the week aides to FCC Chairman Ajit Pai, also noted his group sought to limit "the scope of third-party non-profits to 501(c)(3) organizations." Mercer disclosed in docket 12-106 a meeting with Pai Chief of Staff Matthew Berry, acting media adviser Alison Nemeth, and Nathan Leamer, recently hired as a policy aide to Pai (see 1703070019). In a recent meeting with Berry and Nemeth, NPR said rules restricting third-party fundraising by NCEs shouldn’t be relaxed (see 1703030063). The deregulation could encourage “the use of NCE broadcast stations as fundraising vehicles for independent third parties or other non-station interests rather than as sources of public interest programming,” the public radio programmer said.

FCC staff fined an alleged Florida pirate radio operator $20,000 for unauthorized operations on 88.7 MHz and 90.1 MHz from three locations in Pompano Beach and Margate. Charles Philome continued broadcasting after commission agents warned him, said an Enforcement Bureau forfeiture order in Thursday's Daily Digest. We couldn't find a way to reach him for comment. The commission under Chairman Ajit Pai is expected to be active on anti-pirate enforcement (see 1701230058).

An FCC radio revitalization order relaxing rules for siting translators takes effect April 10, now that the Office of Management and Budget OK'd information collection requirements, the commission said in Thursday's Federal Register. Later that day, the Media Bureau also announced the effective date. The effective date of the order, approved by commissioners at their Feb. 23 meeting, had been on hold pending OMB OK "of a non-substantive change to the rule as originally proposed" (see 1703080023).

The FCC should be prepared for its 39-month-deadline for the post-incentive auction repacking to prove insufficient, NAB said in a meeting with Chairman Ajit Pai’s office Thursday, according to an ex parte filing posted in docket 12-268 Tuesday. “We urge the Commission to adopt a flexible, balanced approach to repacking that is fair to all stakeholders, while avoiding disruption to existing broadcast services.” The FCC should take a proactive role in making sure the repacking doesn’t harm TV or radio broadcasters, NAB said. “The Commission’s focus must be on ensuring a smooth transition that delivers spectrum to wireless companies in a timely fashion without unreasonable disruptions to broadcasters or the public.”

The FTC cleared Gray Television’s $85 million buy of Diversified Communications’ two TV stations, said an early termination notice. Gray announced the deal in February. Another FTC early termination notice released Tuesday said the agency also cleared private equity firm Veritas Capital’s $690 million buy of Harris Corp. (see 1701270061).

Oral argument on Free Access & Broadcast Media's challenge of incentive auction rules (see 1608290057) in the U.S. Court of Appeals for the D.C. Circuit is set for May 16 at 9:30 a.m., said an order from the clerk. The case involves FCC treatment of low-power TV stations.

FCC Chairman Ajit Pai will speak at the 2017 NAB Show on April 25, NAB said in a news release Monday. "The address is expected to provide insight into the FCC’s policy and regulatory objectives related to broadcasting, technology and communications law and regulation."

Notice of the FCC NPRM on ATSC 3.0 was published in Friday's Federal Register. Comments on the TV standard (see 1702230060) in docket 16-142 are due May 9, replies June 8, said an FCC public notice and the FR notice. The May 9 deadline falls a week before ATSC members convene for their annual broadcast TV conference.