Qualcomm wants the FCC to “introduce the option” for broadcasters to use “5G Broadcast,” as an "alternative broadcast transmission standard” to ATSC 3.0 to beam over-the-air TV content to smartphones, because five years into 3.0's voluntary use, “broadcasters still lack the capability to reach on-the-go viewers via their mobile devices,” said the Snapdragon supplier in comments posted in docket 16-142. Comments were due Monday in the FCC’s NPRM on ATSC 3.0 deployment, including progress in broadcast and consumer adoption of the technology (see 2208090040). The agency’s June 22 rulemaking notice didn’t ask for public input on the progress to deploy 3.0 transmissions to mobile devices (see 2207060019), which Qualcomm correctly asserted don't exist. Qualcomm recommends the FCC “seek comment on implementation of the 5G Broadcast standard in this proceeding,” it said. “If allowed, this standard would provide mobile viewers with immersive broadcast content and critical public safety messages on their mobile devices when conventional broadcast alerting systems or cellular infrastructure are unavailable during a power outage,” it said. 5G Broadcast "would not replace ATSC 3.0 for fixed reception of television broadcast signals as the former technology targets mobility use case scenarios," said Qualcomm. 5G Broadcast "would complement the ATSC 3.0 services broadcasters are offering, reaching viewers wherever they are, including when they are out and about," it said. ATSC 3.0 “is not supported in mobile devices today” because a 3.0 modem “must be included in the mobile device along with additional hardware and software,” it said. 5G Broadcast, in contrast, “can be supported by mobile devices without any additional hardware,” it said. ATSC President Madeleine Noland said Tuesday she had no immediate comment "beyond that ATSC is reading through all of the submissions and may have an opinion to share after digesting what’s been written." Qualcomm was among several companies to oppose a commission mandate on 3.0 reception in smartphones in 2017, just before the FCC authorized 3.0's voluntary deployment for broadcasters; the commission never put such a mandate proposal on the table (see 1709200016). NPRM replies are due Sept. 6.
Tegna and Standard haven’t addressed the organizational standing of Common Cause and the Communications Workers of America's NewsGuild and National Association of Broadcast Employees and Technicians sectors, said an ex parte filing from the unions in docket 22-162, documenting a call with the FCC Media Bureau Monday. FCC and industry officials told us the call, and a meeting last week, were at the FCC’s request. In the call, Andrew Schwarzman, who represents the unions, again argued the CWA sectors and public interest groups have standing to oppose the Standard/Tegna deal and that the transaction isn’t in the public interest. Members of the groups would face harms from the deal as “concerned citizens, journalists and pay-TV subscribers,” the filing said. “It is not even necessary for these members to watch TEGNA stations for them to have standing.” Standard “has a proven track record of promoting diversity and inclusion through its investments in broadcast news, and we fully support efforts that will better serve minority communities in media,” said a National Association of Hispanic Publications letter supporting the deal. The FCC seeks to encourage minority and female media ownership and diverse viewpoints, said the NAHP. “The merger of Standard General and Tegna would, in our view, achieve a number of these stated goals."
Allowing FM broadcasters to originate content from booster stations will benefit minority-owned stations, minority advertisers and minority audiences, media executives told FCC Chairwoman Jessica Rosenworcel and Media Bureau Chief Holly Sauer, per a docket 20-401 ex parte post Monday. They said Roberts Radio's WRBJ-FM Brandon, Mississippi, in geo-targeting tests held in Jackson, Mississippi, had improved coverage and Nielsen ratings, which enabled it to draw in new advertisers. The WRBJ testing also shows the booster tech can be designed to minimize interference between primary and geo-targeted booster signals while creating "miniscule" transition areas in low-populated or unpopulated areas of a broadcaster's footprint, the execs said. They said there's zero risk of cross-channel interference. Meeting with Rosenworcel were National Association of Black Owned Broadcasters CEO James Winston, National Newspaper Publishers Association CEO Benjamin Chavis, Multicultural Media, Telecom and Internet Council CEO Robert Branson, Roberts Radio CEO Steve Roberts, JAM Media Solutions CEO Jonathan Mason and Kizart Media Partners Managing Director Sherman Kizart.
Broadcast political ad revenue from the 2022 midterms is expected to equal the record haul from the 2020 presidential race, said executives from E.W. Scripps and Gray Television on the companies' Q2 earnings calls Friday. 2020 election spending was pumped up by the presidential race, the self-funded campaigns of Michael Bloomberg and Tom Steyer, and the protracted U.S. Senate race run-off in Georgia. “It would have to be one banner year for '22 to overcome all those meaningful sources of political revenues that are completely absent this cycle,” conceded Gray Television COO Bob Smith, saying national fundraising trends have convinced him it's going to happen. “This midterm election will match the presidential cycle,” said Brian Lawlor, E.W. Scripps president-local media. Echoing other broadcasters, both companies said they expect the record political ad dollars to soften the blow of a possible economic downturn. “It should be clear that political revenue defies economic trends,” said E.W. Scripps CEO Adam Symson. Gray Co-CEO Pat LaPlatney said Gray will also be able to weather any “macroeconomic headwinds” because of its scale. IHeart CEO Robert Pittman echoed this view, adding iHeart has diverse advertisers that insulate it from advertising drops. Symson said E.W. Scripps’ strengthened local advertising division, retransmission revenue and emphasis on over-the-air TV will aid it in a slowdown.
The FCC has “often been overly lax” in assessing arguments by Standard/Tegna that certain documents aren’t germane to the merger proceeding, said the Communications Workers of America's NewsGuild and National Association of Broadcast Employees and Technicians sectors in a Tuesday meeting with Media Bureau Chief Holly Saurer and an aide to Chairwoman Jessica Rosenworcel, according to an ex parte filing in docket 22-162. The FCC “must determine” whether some documents on the relationship among Standard, Tegna and Apollo Global Management referenced in the Applicants’ Comprehensive Exhibit “even exist,” the filing said. The FCC should grant a pending motion from May to require more information from the parties to the deal, the filing said. The agency should also overturn a ruling limiting organizational standing from the administration of former FCC Chairman Ajit Pai, the filing said. The groups said this proceeding is different from past deals where the FCC hasn’t treated the threat of increased retransmission consent fees as a public interest harm, the filing said. “Increased prices are a paradigmatic form of harm to consumer welfare.” Standard Media and the FCC didn’t immediately comment.
Low-power TV broadcasters, MVPDs and FM stations must submit their remaining invoices for broadcast incentive auction reimbursement by Sept. 6, said a reminder public notice from the FCC Incentive Auction Task Force and Media Bureau Thursday. “The Fund Administrator will initiate close out for any entity that has failed to initiate the process by the invoice filing deadline assigned to that entity,” said the PN. “Any unused allocations made to that entity’s account will be returned to the Fund and made available for allocation to other program participants.”
The Committee for the Assessment of Foreign Participation in the U.S. Telecommunications Services Sector is reviewing Standard Media’s foreign-ownership request for the transaction to buy Tegna, said a DOJ letter posted in docket 22-166 Wednesday (see 2208020040). “The Commission will be notified when the Chair has determined that responses to the Committee’s initial request for information are complete and the 120-day initial review period can begin,” the letter said.
The FCC Media Bureau identified tentative selectees in 27 groups of mutually exclusive applications for noncommercial educational FM construction permits from the November NCE window, said a public notice Wednesday. The selectees include Stonewall Alliance of Chico’s application for Willows, California; Restored Together Radio’s application for Bowman, Georgia; and Vanguard Association of Sunbelt Colleges’ application for Middletown, Indiana. The bureau made the choices using an analysis based on which applicant would provide a first or second NCE radio station to the population in the proposed service area, and favors localism and applicants serving the most people, the PN said. Petitions to deny the applications of the selectees are due 30 days after the order.
FCC Administrative Law Judge Jane Halprin terminated the hearing proceeding for Pennsylvania radio broadcaster Roger Wahl, said an order posted Tuesday in docket 21-401 (see 2206010065). Wahl, who was representing himself, “is not participating in this proceeding at the level necessary to render it a meaningful exercise of the opportunity for a hearing that has been afforded him, much less of the government’s time and resources,” Halprin wrote. Wahl’s license for WQZS(FM) Meyersdale was designated for hearing after he was convicted of attempting to have a woman sexually assaulted. Wahl repeatedly missed filing deadlines and failed to follow the court’s instructions, Halprin said. “The Presiding Judge has provided Mr. Wahl significant deference in this matter due to his choice to proceed without counsel,” said the order.” His repeated failure to produce required documents without explanation is particularly concerning.” After 30 years as a licensee, Wahl should understand the gravity of the hearing proceeding, she said. “The Presiding Judge informed Mr. Wahl several times that lack of filing could cause him to lose his license.” The ALJ’s order refers the matter back to the commission, and Wahl’s license is expected to be revoked. Wahl didn’t comment.
Standard/Tegna deal opponents said the transaction can lead to collusion on retransmission consent negotiations and said Standard, Tegna and investor Apollo Global Management haven’t been transparent with the FCC. “We find ourselves hard pressed to explain Apollo/Cox’s choice to invest in a competitor that does not involve collusion,” said the American Television Alliance in reply comments in docket 22-162 by Monday’s deadline. A collection of public advocacy groups and Communications Workers of America sectors jointly said the deal should be designated for hearing. “The uncertainty of the sources of funding in this case and the convoluted ownership structure” need to be explored in a hearing, they said. The FCC also should act on a May motion that sought to compel more disclosures from the companies, said the joint filing from Common Cause, the United Church of Christ Media Justice Ministry and others. They also denied claims the deal is good for diversity. The deal is uniquely designed to raise retransmission consent prices and merits FCC attention, said Altice. “Cox appears to have sold a single Boston station to Standard General so that Standard General, in turn, can use the station to buy 97 TEGNA stations with lower retransmission consent prices,” Altice said. “It is hard to imagine that an MVPD bargained for the possibility that Cox might essentially sell a station to a third-party so that the third party might acquire additional stations at Cox’s retransmission consent prices.” NCTA and ATVA asked the FCC to impose conditions to prevent joint negotiation or information sharing among the deal participants. “The proposed transaction creates a web of interlocking interests among the companies -- Standard General/TEGNA and CMG/Apollo -- thus raising concerns about information-sharing and coordination,” said NCTA. One commenter supported the deal. The transaction will create “enhanced opportunities to partner with Standard General and new TEGNA to better serve the Hispanic community in the United States, a community that has historically been underserved,” said Estrella Media.