No one has ever applied to participate in the FCC’s broadcast incubator program, according to an FCC spokesperson. Created in 2018, then tied up in the Prometheus court proceedings (see 2104010067) for years afterward, the program aimed at providing more access to capital for minority and female radio station owners was reinstated in 2021 but a year later is seen by some as dead. The agency hasn't received any applications and doesn't track informal inquiries, an FCC spokesperson told us. “I think those interested in promoting diversity in the industry have pretty much given up on this program,” said former FCC Commissioner Henry Rivera, a longtime participant in FCC diversity efforts. “NAB has been supportive of this program since its creation and encourages the FCC to promote this important initiative as it actively encourages greater diversity in broadcast ownership,” an NAB spokesperson emailed. “It is an incomplete success,” said David Honig, of the Multicultural Media, Telecom and Internet Council.

Broadcasters want the FCC to allow the ATSC 3.0 substantially similar requirement to sunset and remove other limits on 3.0 broadcasts, but MVPD groups and Public Knowledge say those restrictions must remain to avoid pressure on consumers, according to comments posted Tuesday in docket 16-142.

Broadcasters want the FCC to allow the ATSC 3.0 substantially similar requirement to sunset and remove other limits on 3.0 broadcasts, but MVPD groups and Public Knowledge say those restrictions must remain to avoid pressure on consumers, according to comments posted Tuesday in docket 16-142.

The FCC is considering creating a voluntary “designated hitter” plan to provide multilingual emergency information during disasters, said broadcast and emergency alerting officials. Under such plans long touted by the Multicultural Media, Telecom and Internet Council, English-language stations in a market would use their broadcast to host foreign language emergency information translated by local foreign language stations if those stations have been knocked off the air. Broadcasters argued that such proposals are impractical and unlikely to work, but in an ex parte letter filed Thursday MMTC said the system is the only choice. “After almost two decades of consideration, no one has offered a better alternative,” said MMTC President Robert Branson.

Broadcasters, ham radio operators and trade groups opposed a U.S. Forest Service proposal to charge an additional administrative fee to communications facilities on USFS land (see 2202180051), by Tuesday's deadline in USFS rulemaking docket 2021-27681. “The proposal is unlawful, inequitable, and undermines the public interest,” said NAB. The rule will undermine access to broadcasts in rural areas because it disproportionally affects rural TV translator stations, NAB said, saying “there is no statutory justification” for the USFS to apply the fee to existing users. If the proposal moves forward, it should allow for a “phase-in” period so existing users can make adjustments, NAB said. NAB also suggested an alternative fee that would assess fees based on market size and higher value uses. The rule would affect numerous public broadcasters that have prioritized universal access, said NPR, America’s Public Television Stations and PBS in joint comments. The USFS should revise the rule to include a discretionary waiver for nonprofit and governmental organizations, the public broadcasters said. The vast bulk of the over 700 comments in the docket came from amateur radio operators and related organizations and almost universally opposed the fees. Amateur radio operators provide “valuable communications services for the government and citizens during major emergencies” in areas that have little cellular service, said the Staunton, Virginia-based Valley Amateur Radio Association.Since amateur radio operators are prevented by law from charging for their services, the repeaters and other facilities they use are privately owned, the group said. “The only recourse the owners of the radio repeater resource have to cover any additional expense levied on them is directly out of pocket or additional donations.” The National Rural Electric Cooperative Association said the fee should be one time instead of annual. Georgia-based Blue Ridge Mountain Electric Membership Corporation said the fee would jeopardize the private radio network its employees use to communicate while restoring electrical and broadband services during weather events. “If we can't afford to break even on these services we will likely be forced to discontinue them, which will impair both BRMEMC services as well as the USFS.” CTIA said the fee appears to overlap with other fees already charged by the agency, and the USFS should revise the fee to prevent redundant charges. CTIA also argued the fees should lead to a streamlining of the broadband deployment process on USFS lands: “CTIA urges the FS to endeavor to reduce its current timeframes to act on communications use applications, particularly those proposing modifications to existing facilities.”

Collecting regulatory fees from tech companies and users of unlicensed spectrum would be a huge task, outside FCC authority, and hamper broadband adoption, said trade associations and others in comments posted to docket 21-190 by Thursday’s deadline. Comments about establishing a small satellite regulatory fee also had multiple calls in the commercial space sector for creating new fee categories for other types of space operations.

New Orleans and nearby Louisiana parishes faced 911 outages Monday after Hurricane Ida hit, local authorities reported. Ida caused “significant impacts” to AT&T's Louisiana network due to “massive power outages and storm damage,” the carrier said Monday. The FCC disaster information reporting system (DIRS) was activated Sunday for affected counties in Alabama, Louisiana and Mississippi. Staffers were deployed “to assess the post-landfall impact to communications networks and to assist in efforts to restore service as quickly as possible,” acting Chairwoman Jessica Rosenworcel said Saturday before landfall: “We know the reality of the danger from this kind of hurricane all too well.”

After a broadcast tower company suspended work for two weeks because of the novel coronavirus, the FCC announced Tuesday it will allow stations that can’t meet the upcoming phase 9 deadline because of COVID-19-related delays to shift to the next phase (see 2003170023). Phase 10, which begins May 3, is scheduled to be the final phase of the repacking.

Difficulties minorities and women face accessing funds to buy and keep afloat media companies was a theme of every panel of broadcasters, programmers, investors and attorneys at Thursday's FCC broadcast symposium on media diversity. Broadcast incubation programs, the defunct minority tax certificate and a “raised eyebrow” from the agency encouraging companies to pursue diversity were broached as possible solutions. The agency should hold a diversity symposium for large media companies, because the largely minority attendees now are mostly “talking to ourselves,” said Bayou City Broadcasting CEO DuJuan McCoy. Companies wouldn't turn down an invitation to such an event from Chairman Ajit Pai, said Beasley Media CEO Caroline Beasely.

The FCC is expected to move soon to create a broadcast incubator order, before a deadline, said broadcast and anti-media consolidation attorneys in interviews. The 3rd U.S. Circuit Court of Appeals told the agency to file a report on the status by Aug. 6 when denying an emergency stay of a media ownership reconsideration order (see 1802070053). Though the 3rd Circuit asked only for a report, it could hurt the agency’s case to show up without a voted-on incubator order or strong indications one is coming soon, said numerous attorneys on both sides. The agency is unlikely to show up to court empty-handed, said Georgetown Institute for Public Representation Director Angela Campbell.