Entravision is “wasting no time identifying TV assets to purchase,” Macquarie Capital analyst Amy Yong emailed investors Monday evening. Assets from the incentive auction give the company flexibility, and Entravision is “bulking up “on TV stations, including buying two stations in Palm Springs, California, Yong wrote. The move is a “clear positive,” but may be tempered by “continued choppy ad trends and industry-wide softness,” Yong said.

U.S. District Court in Manhattan was right to dismiss target shooting equipment maker Tannerite Sports' defamation complaint against NBCUniversal News Group, said the 2nd U.S. Circuit Court of Appeals in an order (in Pacer) Tuesday. Judges Dennis Jacobs, Rosemary Pooler and Geoffrey Crawford, upholding the lower court's 2015 decision in favor of NBCU's motion to dismiss, said Tannerite must plead facts showing falsity in order to prevail on the motion to dismiss. Tannerite -- the maker of exploding shooting targets -- sued after a Today segment and accompanying online article described the products as bombs, but the appellate court said the targets' primary purpose is explosion, making that bomb description substantially true. It also said the lower court was right to deny a Tannerite motion to amend since that motion didn't identify particular facts that would be introduced in an amended complaint. Tannerite didn't comment.

Comments on NAB’s petition for rulemaking seeking changes to the process for handling interference between FM translators and full-power stations (see 1706010063) support FCC consideration of the issue, NAB officials said in a call with Media Bureau Audio Division Chief Peter Doyle Friday, recounted an ex parte filing in RM-11787. The association said it “reinforced the benefits” of an improved interference process for radio listeners, broadcasters and the FCC.

The combined Entercom/CBS Radio "will have the firepower and muscle to affect positive changes for the company and the industry," Noble Capital Markets analyst Michael Kupinski emailed investors Monday. But it will take time to address the "revenue slide" at CBS Radio, he said. "We estimate combined proforma revenues to decrease 0.9% in 2018 to $1.16 billion from proforma 2017 estimate of $1.17 billion." That "reflects the current lackluster radio advertising market," which will continue into 2018, Kupinski said.

An item on refunds of application fees in media services auctions was added to the FCC’s list of items on circulation Friday. The item involves requests for refunds of application fees previously paid in FM radio service auctions, an FCC official told us.

The FCC notified broadcasters of the upcoming nationwide emergency alert system test and opened the EAS test reporting system (ETRS) for 2017 filings, in a public notice in docket 15-94 Monday. In preparation for the Sept. 27 test, broadcasters should make sure their EAS systems are ready, including ensuring that the EAS handbook is available to operators, that their equipment is functional, and that software is up to date, the PN said. Broadcasters also should make sure their ETRS identifying information hasn’t changed, since Form 1 filings are due by Aug. 28, the PN said. Broadcasters will need to file info in ETRS by the day of the test, and file post-test information by Nov. 13, the PN said. Meanwhile, a recent proposal to slap an Alaska broadcaster with a $66,000 fine partly over failure to follow EAS rules (see 1707190040) should be a warning to broadcasters about the nationwide test (see 1707180042), Wilkinson Barker broadcast attorney David Oxenford blogged Monday. “This is a good time for stations to insure that they are monitoring the correct EAS sources as required by their state EAS plan, that they have their online EAS CAPS [common alerting protocols] alert systems functional, and that they are properly receiving, conducting and logging their weekly and monthly tests.” The FCC’s investigation into the Alaska matter seems to have been triggered by the station’s EAS problems, and the EAS aspects were highlighted in the news release on the notice of apparent liability, he said.

The U.S. Court of Appeals for the D.C. Circuit upheld an FCC denial of an appeal of the Media Bureau’s denial of a low-power FM license to Philadelphia nonprofit Nueva Esperanza, according to an opinion (in Pacer) released Friday. Though Nueva Esperanza had presented arguments to the court that a policy explanation laid out in a blog post should be binding on the FCC, the court never reached that issue, agreeing with the FCC that the appellant misinterpreted the blog post by then-bureau Chief Bill Lake and FCC rules, said an opinion by Senior Judge Douglas Ginsburg. The panel also included Circuit Judges Sri Srinivasan and Judith Rogers. The evidence shows “no reason to think the Commission’s interpretation of the Blog Post is arbitrary and capricious,” the opinion said. “Therefore, we need not reach the question whether the Blog Post is binding upon the Commission.” Nueva Esperanza’s application for an LPFM license was initially found to be mutually exclusive to several other applications. The other mutually exclusive stations banded together and reached an agreement to share spectrum, making their application more favorable under the FCC’s point system for resolving such matters, the order said. When Nueva Esperanza was denied in favor of the combination, it appealed on the ground that the other applicants colluded, filing individual mutually exclusive applications separately with the plan of combining to get a more favorable score. Nueva Esperanza argued this was expressly forbidden in a blog post from Lake that stated that multiple groups shouldn’t “attempt to maximize the chances of receiving an LPFM” permit by submitting multiple applications with the expectation of sharing time.” The FCC denied Nueva’s appeal, pointing to a previous paragraph of the blog encouraging separate organizations in the same area to apply individually with the expectation of joining together if they are found to be mutually exclusive, the order said. Since the organizations were separate entities that filed their timeshare agreement after they were found to be mutually exclusive, their agreement doesn’t run afoul of rules, the agency said. The D.C. Circuit agreed with the FCC’s interpretation, Ginsburg said. “The Appellant’s interpretation of the Blog Post is incorrect.”

Requests for more information on Sinclair's purchase of Tribune are “premature at best” and not supported by the law, they said in a joint opposition filing to a recent requests from Dish Network, Public Knowledge, Common Cause and the American Cable Association (see 1707180047). The “appropriate vehicle” for those entities to request additional information is through comments or petitions to deny, the combining broadcasters said. “Movants fail to justify any departure from the Commission’s transaction review procedures, and the Motion accordingly should be dismissed or denied.” The entities also haven’t demonstrated why they need more time to file, and their extension request also should be denied, Sinclair and Tribune said.

Sinclair and Nexstar agreed to share spectrum during the ATSC 3.0 transition in the 43 markets where they both own stations, they said in a news release Thursday. The coordination deal involves “a plan to spearhead the transition” in the 54 markets where only one of the companies has a station. Under the agreement, the broadcasters would share their spectrum within their markets, “with some spectrum remaining as 1.0 and other spectrum migrated to ATSC 3.0,” the two TV station owners said. “Specific market roll out schedules and sharing arrangements are in development in anticipation of the FCC approval of the new ATSC 3.0 standard by the fourth quarter.”

Liberty Media’s John Malone and Mexico-based-broadcaster Grupo Televisa may be interested in buying Univision in the wake of that company’s recent decision to delay an initial public offering, The Wall Street Journal reported Wednesday. The FCC earlier this year ruled that Grupo Televisa could purchase up to 49 percent of Univision (see 1701030055). Univision didn't comment.