The FCC unanimously approved a Further NPRM seeking comment on proposals from NAB’s petition on ATSC 3.0 multicasting. The FNPRM released Friday tentatively concludes that the agency should let 3.0 stations license multicast streams that are hosted by other stations (see 2110280064). It proposes allowing stations broadcasting in 3.0 on their own channels to license ATSC 1.0 multicast streams hosted by other stations without simulcasting that stream in 3.0 themselves. Licensing multicast streams would make clear what station is responsible for FCC violations on a given stream, the FNPRM said. It would also address concerns about noncommercial educational stations hosting the streams of commercial broadcasters, the FNPRM said. FCC rules prohibit airing broadcast ads over NCE spectrum. The proposals could help address broadcaster capacity concerns “by facilitating the participation of stations uncomfortable with a purely contractual approach and making the participation of NCE stations legally permissible,” the FNPRM said. The FCC declined to seek comment on an NAB proposal for broadcasters to host multicast streams even without broadcasting in 3.0 but asked about allowing 3.0 broadcasters to host their primary and multicast streams on different stations to prevent service loss. “Is there any reason to treat ‘simulcast’ multicast streams differently than ‘simulcast’ primary streams?” the FCC asked. The FNPRM seeks comment on how to prevent broadcasters from taking advantage of the rule changes “to aggregate programming or broadcast spectrum on multiple stations in a market in a manner that would not otherwise be possible or permitted.”
IHeartMedia investor Global Media & Entertainment Investments withdrew a request that the FCC approve iHeart to be up 49.99% foreign-owned, GMEI said in a letter posted in docket 21-141 Thursday. IHeart itself had requested to be only up 14.99% foreign-owned, and opposed GMEI’s request that the FCC increase the percentage (see 2110140043). GMEI is "hopeful" the withdrawal "will conserve the Commission’s and all parties’ resources and enable prompt grant of iHeart’s Petition,” the letter said. The iHeart petition would allow GMEI to increase its position in iHeart up to the allowed percentage. GMEI also spoke with Audio Division Chief Albert Shuldiner on the matter, the letter said. The Committee for the Assessment of Foreign Participation in the U.S. Telecom Services Sector last week OK'd the iHeart petition (see 2110270042).
The FCC Media Bureau proposed a $3,000 forfeiture for Broady Media Group’s WENO(AM) Nashville over a late renewal application, said a notice of apparent liability Wednesday. WENO’s application was due April 1, 2020, but wasn’t filed until July 31, 2020, the NAL said. “The Licensee provides no explanation for the untimely filing of the Application.”
NAB doesn’t object to the FCC collecting equal employment opportunity information under certain conditions, but state broadcast associations said the agency shouldn’t collect any EEO data, according to reply comments posted in docket 98-204 Tuesday (see 2110010066). The FCC “should decline here to take any such action,” said state broadcast associations in a joint filing, arguing the agency lacks the authority to collect the data and saying the data collection is redundant and raises constitutional concerns. If the FCC does collect EEO data, it shouldn’t be disclosed in a station-attributable form, said the state associations. “Indeed, this is the only permissible approach,” NAB said. It said FCC efforts to increase diversity would be more effective if they were focused on outreach rather than “regulatory fiat.” There's "no evidence, including in the comments on the Further Notice, that more paperwork obligations or data will actually increase employment diversity in broadcasting,” NAB said.
The FCC’s noncommercial educational FM new station filing window will open Tuesday and close at 6 p.m. EST Nov. 9, said a Media Bureau reminder public notice Monday. The deadline will be “strictly enforced” against both too early and too late applications, the PN said. The bureau will also strictly adhere to the 10-application limit for participants, the PN said. “If it is determined that any party to an application has an attributable interest in more than 10 applications, the Media Bureau will retain the 10 applications that were filed first,” and dismiss the rest, the PN said. The window is the first to use the bureau’s licensing and management system and is expected to draw a large number of applications (see 2110290060).
The FCC Media Bureau opened docket 21-422 for filings about the draft NPRM on using computer modeling to verify the pattern for directional FM antennas, said a public notice in Friday’s Daily Digest. Commissioners are scheduled to vote on the draft NPRM at their Nov. 18 meeting (see 2110280065).
Broadcast programming streaming service Locast will pay the plaintiff networks that sued it (see 1907310043) $32 million in statutory damages, under a proposed settlement (in Pacer, docket 19-cv-7136) filed Thursday with U.S. District Court in the Southern District of New York. The settlement between Locast and plaintiffs including Disney, NBCUniversal Media, Fox Broadcasting, CBS and ABC means Locast operators David Goodfriend and the Sports Fan Coalition and its directors are permanently enjoined from operating Locast or a similar service. It would dismiss Goodfriend as a defendant. Gigi Sohn, who has been a Locast board member, was nominated this week by the White House to an open FCC commissioner seat. Asked about timing, Locast counsel didn't comment.
IHeart Media’s request for FCC OK to be more than 25% foreign-owned got the nod by the Committee for the Assessment of Foreign Participation in the U.S. Telecom Services Sector, said an NTIA letter posted in docket 20-51 Wednesday (see 2110140043). The approval is among the first under the revised process that replaced the former "Team Telecom" review by U.S. security agencies after a 2020 FCC vote. The committee wants the FCC to condition approval on iHeart’s compliance with the same conditions it agreed to for a previous foreign ownership request: to hire a U.S.-based U.S. citizen to oversee national security concerns and be approved by DOJ. IHeart would notify DOJ before using any “new Outsourced or Offshored Service Provider” to collect personal information about subscribers, and about changes to where such data is stored. Those conditions are standard for foreign ownership requests, broadcast attorneys told us.
The briefing schedule for broadcasters’ challenge of FCC rules on foreign-sponsored content disclosures was changed, after a joint motion from both sides seeking to resolve scheduling conflicts (see 2108130074). Final briefs are due Feb. 25, said the modified schedule (in Pacer) from the U.S. Court of Appeals for the D.C. Circuit Monday. They were due Feb. 22. Initial briefs from broadcasters are now due Dec. 7, the FCC response Jan. 21, and the broadcaster reply Feb. 11.
The FCC Media Bureau issued two forfeiture orders for $1,500 each over late-filed license renewal applications, said notices in Monday’s Daily Digest. Pilgrim’s Journey's renewal application for WPJI-LP Hopkinsville, Kentucky, was due April 1, 2020, but not filed until May 19. Pilgrim’s Journey told the agency it wasn’t aware of the deadline because the company’s former president, who had handled FCC matters, died. Katie Davis’ renewal application for FM translator K269AV Tonopah and Goldfield, Nevada, was due June 1 but filed July 28. Davis didn’t give the FCC an explanation, the order said.