Conservative Editor William Kristol and former Democratic FCC Commissioner Ervin Duggan filed a joint informal objection in support of the Media and Democracy Project’s petition to deny the license renewal of Fox-owned and operated WTXF-TV Philadelphia (see Ref:2307060065]). Former Fox executive and longtime lobbyist Preston Padden also supports the petition. Duggan is also a former president of PBS, and Kristol, who founded and edited The Weekly Standard, is now editor at large for political news site The Bulwark. Both worked in the administrations of past U.S. presidents, Duggan for Lyndon Johnson and Kristol for George H.W. Bush and Ronald Reagan. “We believe there are more than sufficient grounds alleged in the MAD Petition for the Commission to designate the pending WTXF-TV (‘Fox 29’) renewal application for a hearing,” said the joint filing. MAD has argued that information released during Dominion Voting System's legal proceeding against Fox --which ended in a settlement -- demonstrates that the network deliberately misled viewers about the 2020 election and Jan. 6 attack, thus violating little-used FCC rules against news distortion. “Doing so would enable the Commission to develop a record as to the problematic conduct of Fox 29’s parent, Fox Corporation.” The FCC’s policy on character requirements for broadcast licensees “provides the framework for the Commission to look beyond the four corners of an individual station’s record in licensing proceedings and to consider affiliated entities’ conduct when appropriate,” the filing said. The filing cites an ongoing license proceeding over character issues involving an AM radio station owned by a former Tennessee state legislator convicted of making false statements on a tax form (see 2303280039). The WTXF situation “presents the Commission with the opportunity to take a different tack with FOX stations than it has in the past -- one more consistent with the approach it frequently takes against smaller stations in less complex license renewal contexts," the filing said. Fox didn’t comment.

The FCC should reclassify as direct full-time equivalents the Wireline Bureau indirect FTEs who work on non-high cost USF programs, said NAB in calls last week with aides to Chairwoman Jessica Rosenworcel and Commissioners Nathan Simington and Brendan Carr, said an ex parte filing posted Monday in docket 22-301. Doing so “is both administrable and better reflects the work performed and the benefits provided to fee payors by the Commission’s activities,” said the filing. The result “would be consistent with the FCC’s treatment of many other FTE categories and would certainly be more accurate than one which requires broadcasters to pay significantly more in regulatory fees,” NAB said. The filing also praised the FCC’s proposal to shift the way it calculates how FTEs are assigned to bureaus (see 2305110064), and urged the agency to do regular reassessments of how FTEs are allocated. A draft regulatory fee order has been circulated to 10th-floor offices, according to the agency’s circulation webpage.

The FCC Enforcement Bureau sent warnings of possible forfeitures of up to $2.3 million each to nine owners of Miami-area properties for allegedly hosting pirate radio stations, said a news release and enforcement bureau letters Friday. “Providing a safe haven” for unlicensed radio operations “can have serious consequences for landowners and property managers that allow this conduct to occur on their properties,” said Enforcement Bureau Chief Loyaan Egal in the release. The notices sent to property owners formally notify them of the illegal broadcasting identified by FCC field agents, inform them of their liability, demand proof that the broadcasts have ceased and request that the broadcaster be identified. “Persons or entities found to willfully and knowingly suffer” third parties “to engage in so-called 'pirate radio' broadcasting on their property can face significant financial penalties,” the letters said. Letters were sent to Florida's Black Marlin Properties in Hollywood, Dion and Delbreanna Robin in Hialeah, DRT Development in Fort Lauderdale, Gusman and Silvana Luberisse in Boynton Beach, Marie Esperance in North Miami, Promenade Plaza in Hollywood, Royal Point Condominium Association in Lauderdale Lakes and Sherria Elliott in Plantation. A letter also was sent to Lago Palma MHC in Skokie, Illinois.

A Media and Democracy Project (MAD) request to alter the ex parte status of the license renewal proceeding for Fox-owned WTXF-TV Philadelphia is “procedurally improper” and would prejudice Fox’s rights in the renewal process (see 2307180071), said Fox Television Stations in a letter Wednesday. “It is exceedingly rare for the Commission to place a license renewal proceeding under the more permissive procedures for permit-but-disclose proceedings,” the letter said. MAD’s request to change the status of the proceeding “is just one symptom of this fatal flaw of the Petition,” Fox said. “Grant of MAD’s Petition to Deny would fundamentally and unlawfully alter the Commission’s rules and policies governing license renewals, including its well-established character policies.”

Virginia Attorney General Jason Miyares (R) tweeted Wednesday in support of keeping AM radio in vehicles. NAB is pushing lawmakers to prevent automakers from removing AM receivers from newer models (see 2306050075. “Eliminating AM radio from vehicles is an unreasonable proposal that only hurts Virginians,” Miyares wrote. “Millions of Americans listen to AM radio, relying on its accessibility and up-to-date broadcasting for local news and emergency-alert management.”

The FCC Media Bureau should change the status of the license renewal proceeding for Fox’s WTXF-TV Philadelphia from restricted to permit-but-disclose, said a letter Tuesday from the Media and Democracy Project (MAD). MAD has filed a petition to deny WTXF’s renewal (see 2307060065), and changing the proceeding’s status “would permit broader public participation” by other entities, the letter said. In restricted proceedings, ex parte presentations are generally prohibited but are allowed in permit-but-disclose if they are filed in the record. “Other public interest groups have contacted MAD and expressed an interest in participating in this proceeding.” Former Fox executive and lobbyist Preston Padden, who backs the MAD petition, has begun raising money online to fund the proceeding. Fox didn’t comment.

The FCC Media Bureau has granted an application to allow Milachi Media-owned low-power television station WWOO-LD Westmoreland, New Hampshire, to test 5G broadcasting, said a letter Friday. LPTV Broadcasters Association President Frank Copsidas has touted the tech as a datacasting alternative to ATSC 3.0 (see 2306120003). Data transmitted through 5G broadcasting can be received by existing 5G devices, Copsidas has said. “During the testing period, Milachi will continue to provide traditional television programming using 5G Broadcast, while also using 5G Broadcast to work with first responders to provide enterprise video and data services, as well as emergency alerts,” the letter said. “Emergency alerts could be received by members of the public on 5G enabled devices, such as their smartphones, tablets and televisions, in less than one second as opposed to between 30 seconds to 3 minutes on a cell phone or 15 seconds by FM radio,” the letter said. The grant lasts until Jan. 16, and doesn’t include an expectation of renewal, the letter said.

The next filing window for biennial broadcast ownership reports opens Oct. 2, said the Media Bureau in a reminder public notice in Monday’s Daily Digest. “The accurate, and timely, filing of ownership information is critical to ensuring that the public knows who owns, operates, and controls broadcast stations,” the PN said. “We encourage licensees to prepare in advance” for the filing window, the MB said.

July’s broadcast station totals show a decrease of 96 VHF translators since July 2022 said an FCC release in Monday’s Daily Digest. The report shows 666 VHF translators, down from 762 in July 2022. No other service showed such a large swing, though the report shows that low-power TV stations increased from 1,865 in 2022 to 1,902 in 2023. There are 15,374 full-power radio stations and 1,758 full-power TV stations, compared with 15,371 full-power radio stations and 1,756 full-power TV stations in 2022.

Comments on the FCC’s ATSC 3.0 Further NPRM are due in docket 16-142 Sept. 15, replies Oct. 16, said a public notice Monday. The FNPRM seeks comment on the 3.0 patent marketplace. Rule changes to the physical layer and substantially similar sunsets and hosting rules from the order (see 2306230067) that accompanied the FNPRM take effect Aug 16, except for portions that still require Paperwork Reduction Act approval from OMB.