An FCC declaratory ruling that broadcaster relocation expenses incurred before the close of the incentive auction will be eligible for reimbursement (see 1604180072) took effect Wednesday, when it was published in the Federal Register.
The FCC decided more than a decade ago that the newspaper/TV cross-ownership ban wasn't in the public interest and it should remove the ban as part of the media ownership proceeding, said NAB in an ex parte filing posted in docket 09-182 Wednesday. The decline of newspapers “appears to be evident to everyone from laypersons to journalists to PhD economists, and should not be lost on the agency charged with reviewing its broadcast ownership rules,” NAB said. “The only result that can rationally be expected from the continued prohibition is to hasten the demise of print newspapers.” A draft media ownership order would leave much of the cross-ownership ban in place (see 1606280056).
The U.S. Court of Appeals for the D.C. Circuit extended the briefing schedule for Free Access & Broadcast Telemedia's second case challenging FCC incentive auction rules. Though the D.C. Circuit threw out FAB's first challenge of the auction rules at the end of June (see 1606290057), a separate challenge against another aspect of the rules hasn't gone to oral argument. FAB asked that the briefing schedule for that case be extended so that the parties in that case can account for the court's pending ruling in Mako Communications' challenge of the auction rules. Mako's case was heard alongside FAB's first case, but the court has to rule on it. Final briefs in the second FAB case are now due Nov. 8.
The FCC is seeking comment on a petition by Frontier Media for a declaratory ruling that it would be in the public interest for several radio stations it's buying to be 100 percent foreign owned. Australians Richard and Sharon Burns own 20 percent of the 29 Alaska and Texas-based radio stations involved in the transaction, but the deal would lead to them owning 100 percent of the stations involved, said a public notice issued Wednesday. “Frontier Media notes that Richard Burns has been managing the Alaska radio stations for ten years and the Texarkana stations for three years and thus, is 'thoroughly familiar with FCC rules and operating procedures,”' the PN said. “Australian ownership poses no national security or other threat to the United States, given the fact that Australia is one of our most steadfast allies and shares many of our cultural traditions,” Frontier said. Comments are due Aug. 5, replies Aug. 22. The FCC recently issued an NPRM on loosening foreign ownership rules. Pandora previously applied for a declaratory ruling that would allow it to be up to 100 percent foreign owned (see 1407010085) but was granted up to only 49.9 percent (see 1505040065).
Past seasons of CW Network scripted series will remain exclusively on Netflix, the streaming company and the broadcast network said in a news release Tuesday. Starting with the 2016-17 season, Netflix subscribers will have streaming access to full seasons of CW scripted series beginning eight days after the season finale, they said.
Station deal volume reached $728.9 million in the Q2, SNL Kagan said in a release. TV deals were $681.2 million of the total, the researcher said Friday. Eighty percent of TV deal volume in Q2 was spinoffs related to Nexstar's buying Media General, it said. Radio deals totaled $47.8 million, the “lowest quarterly deal volume in 34 years, since the first quarter of 1982,” SNL Kagan said. The largest Nexstar deal was the $270 million sale of KWQC-TV Davenport, Iowa, and WBAY-TV Green Bay, Wisconsin, to Gray Television, the release said. The largest radio deal in Q2 was the sale of four FM stations in Fort Walton Beach, Florida, market from Apex Media to Community Broadcasters for $5.9 million, SNL Kagan said.
The FCC should continue to require broadcasters to make a physical public inspection file available at their stations, said Howard University media professors in an ex parte filing posted Tuesday in docket 16-161. Suggestions to make public files available entirely online “ignore an important reality of America today,” the filing said. “A significant number of Americans still do not have access to online services and a significant number of those who do have no access to broadband.” The FCC 2016 broadband progress report says 34 million Americans lack access to broadband service, the academics said. “An exclusive use of online platforms, therefore, will cut off a large number of Americans from access to comments regarding stations that are expected to serve the 'public interest.'” Arguments that few members of the public go to stations to see the public files and that the rules are obsolete should be disregarded, the filing said. “The underlying principle of transparency in public reactions to station performance has not grown obsolete -- these stations operate in the public interest, necessity and convenience.” Few members of the public know they're entitled to view the public file, the filing said. The FCC should strengthen requirements for broadcasters to let the public know they have the option to view the documents, wrote Carolyn Byerly, Chuka Onwumechili, Abbas Malek, Clint Wilson and a few others.
Amazon and PBS signed a multiyear agreement for a collection of PBS Kids series programs available exclusively through Amazon Prime Video. Prime members can watch select videos via the Amazon Video app for TVs, connected and mobile devices and online, said Amazon. Programs will premiere on PBS stations and then become available on Amazon Prime Video after an undisclosed period of time, the companies said. PBS Kids titles also will be available with the Amazon FreeTime Unlimited subscription service. PBS Kids shows focus on “fundamental academic areas” such as literacy, science, technology, engineering and math, plus collaboration, communication, critical thinking and creativity, said Lesli Rotenberg, general manager, PBS children's media and education.
DTS said it amended a credit agreement with Wells Fargo and others for a term loan and revolving line of credit to buy intellectual property rights from iBiquity (see 1509020039). The amendment permits the transaction and requires DTS to prepay the term loan in installments of $10 million by July 15, $5 million by Sept. 30 and $5 million by Dec. 30, it said in an SEC filing Thursday.
The news publishing industry “continues to be uniquely constrained by a federal rule that deprives newspapers of investment,” said the Newspaper Association of America in meetings with Commissioner Mignon Clyburn, aides to Commissioner Jessica Rosenworcel, and aides to Chairman Tom Wheeler Thursday. “Constraining broadcasting companies from investing in publishing does not foster diversity, localism or competition -- in fact, this irrational and outdated rule prevents investment that could support high-quality journalism in local communities,” said the NAA in docket 14-50. “There is no record evidence that maintaining the cross-ownership rule supports diversity or that repealing it would threaten diversity.” Earlier last week, NAA slammed a draft FCC order that wouldn't junk the newspaper-broadcast cross-ownership ban on same-market properties in both classes (see 1606290052). At the meetings, in addition to lawyers for NAA was Sara Johnson Borton, publisher of South Carolina papers including The State in Columbia and Hilton Head Island's The Island Packet.