FCC staff set precedent for what types of federal candidates TV stations must air ads for in the runup to elections, broadcast lawyers said. Less than six full days before election day, the Media Bureau ordered Gannett’s WUSA Washington to air ads for an unaffiliated presidential candidate on the ballot two states away and not inside what the CBS affiliate said more closely resembled its coverage area. The order said that instead of the mathematical model incorporating terrain in assessing coverage area, another model that the agency has preferred since the DTV transition should be used. An engineer said that commission-preferred model, the noise limited service contour (NLSC), is less precise.

The FCC would propose all owners of attributable broadcast interests must give a Social Security number when the radio and TV stations report every other year who owns stakes above 5 percent in them, agency officials said of a draft rulemaking notice. They said the Media Bureau further rulemaking notice proposes to end an exemption that let a special-use FCC Registration Number be obtained by any investor listed on the Form 323s. Such special-use FRNs let an entity not give a Social Security number. Broadcasters raised privacy concerns when the commission in 2009 (CD April 9 p6/09) required all radio and TV stations except for low-power FMs to file 323s. Their lawyers said now that they'd oppose ending the exemption.

The FCC auction task force co-head said critics’ fears won’t likely be realized when the agency in 2014 auctions frequencies of TV stations volunteering to be paid to give up all or some spectrum. Gary Epstein said concerns that the auction will be too complex won’t be borne out, and the agency is sticking to its plan to finish voluntary incentive auction rules next year. Commissioners approved the notice of proposed rulemaking at their Sept. 28 meeting (CD Oct 1 p1), with Robert McDowell saying he’s concerned about the agency’s efforts to possibly impose a spectrum cap.

Career FCC staff, trying to finish media ownership rules, are set to release statistics on ownership of all U.S. radio and TV stations to include those results in the forthcoming draft order, agency officials said. They said the Media Bureau may release, as soon as Thursday, aggregate information on what Form 323 biennial ownership reports say about who holds various classes of broadcast licensees. That data from 2009 and 2011 -- to be presented in aggregate form for the first time and after delays releasing it -- would then update the record, agency officials said. Bureau staff appear to be nearing an end to drafting the quadrennial media ownership order that was due to have been finished in 2010, agency officials told us this week.

Major cable operator and programmer incumbents remain at odds with municipalities and newer entrants over video regulation by the FCC. Also shown in replies to a commission inquiry for the agency’s next multichannel video programming distributor report to Congress, ABC affiliates and Comcast still differ on whether online video distributors (OVDs) should be considered MVPDs by the commission. Commenters generally agreed that OVDs have increased competition for pay TV. Local franchise authorities (LFA) want more competition, as companies including Comcast said there’s never been more rivalry. OVDs including Netflix, in a class of products initial filings agreed complement MVPD service (CD Sept 12 p7), aren’t a substitute for pay TV, Comcast said: They “nonetheless have had a significant impact on MVPD behavior and innovation."

Judges had questions in the three major areas of Time Warner Cable’s challenge of the FCC’s ability to require continued carriage of an independent channel while an indie’s program carriage complaint is before the agency. The constitutionality, administrative process and statutory authority of the FCC to require standstill carriage were extensively raised in an oral argument Thursday, said communications lawyers in attendance allied with each side in Time Warner Cable v. FCC. Those issues were dwelled on in briefs at the 2nd U.S. Circuit Court of Appeals (CD Oct 4 p3). Onlookers said oral argument was notable for running more than quadruple the amount of time the 2nd Circuit had scheduled.

NAB hired ex-FCC Wireless Bureau Chief Rick Kaplan in a new position where he'll lead the association’s efforts on spectrum policy. He left the bureau earlier this year, and was seen as crucial by agency and industry officials to helping Chairman Julius Genachowski begin efforts to get more spectrum including from TV stations for mobile broadband, and reviewing the AT&T deal to buy T-Mobile before the companies withdrew it over government concern. “There may be differences with respect to policy” issues with spectrum legislation, before it became law in February allowing the FCC to hold a voluntary incentive auction of TV stations’ spectrum, Kaplan told us Thursday regarding broadcasters and his old boss. But “everyone shares the goal of having efficient use of spectrum,” as shown by broadcasters with mobile DTV, he said. Earlier at the commission, Kaplan helped lead the agency’s work for the DTV transition in summer 2009, and then was chief of staff to Commissioner Mignon Clyburn later that year and early next. He starts Oct. 22 as executive vice president-strategic planning at NAB, the association said in a news release Thursday (http://xrl.us/bnsnre). Genachowski has “recognized many times that there is a major role, an essential role, for broadcasters to play with regards to spectrum policy, and I think you will see that happen,” Kaplan said. NAB CEO Gordon Smith wants to “be constructive and helpful with the auction, and I can help play that role,” Kaplan continued. “And ensure that the broadcasters who do not participate are protected” in any auction and repacking of TV channel positions, “and I know the FCC certainly has that goal as well,” he said. Kaplan said he can lobby the commission on any rulemaking matter that doesn’t involve a transaction as long as he doesn’t divulge confidential information, though the extent to which he'll visit his old building hasn’t been determined. The new post “seems like a perfect match to me,” with his “experience with spectrum and innovation policy,” Kaplan said. Smith said “his expertise on spectrum issues will benefit broadcasters greatly as we work with policymakers to ensure a robust local television business for decades to come.”

The Justice Department hopes standard-setting organizations promulgate policies limiting the ambiguity of some standard-essential patents (SEPs), as thinking on SEPs and related issues increasingly overlaps with antitrust law in the minds of some regulators, jurists and companies. Attention revolves around the role of patents licensed on fair, reasonable and nondiscriminatory (FRAND) or reasonable and nondiscriminatory (RAND) terms, speakers said at an event at the Silicon Flatirons Center. Speakers from the FTC, Justice Department and high-technology and other companies involved in patent licensing said the intersection of antitrust and patent law has been a fruitful area recently. DOJ business review letters on patents are an example, speakers said.

A court appeal of updated program carriage rules shows independent channels’ desire for continued FCC regulation of multichannel video programming distributor contracts remains in conflict with the goal of major cable operators that own networks to cut back on such rules. NCTA had joined Time Warner Cable’s challenge of a 2011 order letting commission staff authorize continued carriage of a channel that brought a complaint as it’s adjudicated. Bloomberg, NFL and the Tennis Channel are among owners of indies seeking to keep the rules. Judges Susan Carney, Denny Chin and Reena Raggi, of the 2nd U.S. Circuit Court of Appeals, will hear oral argument on Thursday afternoon for 12 minutes from an FCC lawyer and from six apiece from Time Warner Cable and NCTA representatives in its 9th-floor courtroom (http://xrl.us/bnshpo).

The U.S. government can further improve efforts to get Latin Americans online with broadband connections on devices with more computing power than basic smartphones, and should take steps to hire more Latinos, Hispanic activists said at the FCC. Reducing what prisoners are charged to make calls to outsiders, giving iPads to children of migrant farm workers and completing minority media ownership studies before adopting a quadrennial review of media ownership order were among steps they listed. Some activists in particular singled out the commission for not doing enough to increase its staff diversity, which agency officials said they're working on. Chairman Julius Genachowski and FCC staff outlined efforts the agency is taking, at an event the Office of Workplace Diversity organized with the National Hispanic Media Coalition (NHMC) to celebrate Hispanic Heritage Month. Other events last week discussed those topics, with some speakers calling broadband a civil right (CD Sept 26 p3).