The White House should block Standard General’s proposed buy of Tegna, said the NewsGuild sector of the Communications Workers of America in a letter to President Joe Biden posted on the NewsGuild’s website Thursday. “Mr. President, you can do something to protect workers, journalists, local news, and hardworking families. Please urge the FCC to reject the Apollo/Standard General/TEGNA deal.” The Tegna transaction would “kill journalism jobs, undermine local news and raise prices for American families,” the letter said. The labor union for journalists also weighed in at the FCC (see 2205130072). Through station swaps designed to trigger after-acquired clauses in retransmission consent contracts, the deal “would put in place a premeditated price fixing scheme that would supercharge inflation by jacking up prices on everyday Americans,” the letter said. NewsGuild-CWA also argued the transaction could violate FCC ownership caps if loopholes allow Apollo Global Management, which already owns stations, to take over the Tegna stations. In the deal’s FCC filings, Apollo is an investor in the transaction but won’t own a controlling interest in the new entity. Apollo, Standard and Tegna didn’t comment.
Radio personality Hugh Hewitt said proposals for geotargeted radio would line the pockets of “big tech,” in a letter to FCC Commissioner Brendan Carr posted in docket 20-401 Thursday. Hewitt, who works for Salem Media -- an opponent of the proposal -- said the proposal, which would allow radio stations to target advertisements to small sections of their markets, “is a torpedo aimed at midship for my program and those like it.” Hewitt echoed arguments from NAB and others that the targeted ads -- which could potentially be offered at cheaper rates to advertisers because they would reach fewer listeners -- would create “downward pressure” on advertising rates. This “could very well be the final straw for many stations -- especially smaller stations -- and would only further strengthen digital platforms such as Google, Twitter, and Meta,” Hewitt said. Carr should recognize the proposal as a “real threat” to radio because of his “admirable crusade to combat censorship and promote free political discourse,” Hewitt said. “When Chairman [Ajit] Pai was in office I would email him with the understanding that my communications are for the applicable notice and comment proceedings, and I welcomed him on air to discuss,” Hewitt said. “The same invitation is open to you.” "Mr. Hewitt expresses concern about Big Tech and that geotargeting by radio will somehow inure to Big Tech’s benefit," emailed a spokesperson for GeoBroadcast Solutions, the primary proponents of the geotargeted radio proposal. "But any small- and medium sized station owner will tell you that it’s precisely because radio cannot geotarget that advertisers have fled to the very platform Mr. Hewitt is concerned about: Big Tech.”
Aspects of the FCC’s adjustments to political ad recordkeeping rules that required OMB approval will take full effect July 5, says a notice for Thursday’s Federal Register. The order updated FCC rules to conform to the language in the 2002 Bipartisan Campaign Reform Act and added online presence to the list of considerations broadcasters take into account when determining whether a write-in political candidate should receive political candidate ad pricing.
FCC Administrative Law Judge Jane Halprin should dismiss the hearing proceeding on Pennsylvania radio broadcaster Roger Wahl’s license over his failure to participate, said the Enforcement Bureau in a motion posted Wednesday in docket 21-401. Dismissing the matter would lead to the revocation of Wahl’s license for WQZS(FM) Meyersdale. “Mr. Wahl has repeatedly failed (or refused) to provide the Bureau with a complete response to the Bureau’s discovery requests, or, in the case of the Bureau’s most recent document requests, with any response at all,” said the EB. Halprin previously warned Wahl, who has been representing himself, he must adhere to the case’s deadlines or risk dismissal (see 2204290073). “Lack of counsel or unfamiliarity with Commission processes does not excuse nonfeasance,” said the motion. If Halprin doesn’t dismiss the matter, she should compel Wahl to respond, the EB said.
A draft further NPRM that was circulated to FCC commissioners’ offices last week would seek comment on whether to allow the sunset of the requirement that stations broadcasting in ATSC 3.0 also offer an ATSC 1.0 stream that is “substantially similar,” industry and FCC officials said (see 2204250021). That requirement is set to sunset July 17, 2023, a date that was set by the 2017 order that authorized ATSC 3.0 broadcasts. The draft item is seen as broad and isn’t expected to feature many tentative conclusions, industry officials said. The FNPRM seeks comment on the state of the NextGenTV transition and on the scheduled sunsets of two rules adopted in that order, an FCC spokesperson told us. The 2017 3.0 order included sunsets on both the substantially similar requirement and on the requirement that broadcasters use the A/322 standard on physical-layer protocol for 3.0 transmissions. The 2017 order said the agency would monitor the 3.0 transition and a year before the sunsets were to expire would seek comment on whether marketplace conditions warranted an extension, the spokesperson said. Chairwoman Jessica Rosenworcel told the NAB Show in April that she sees the current framework of 3.0 as the correct one right now, and she and Media Bureau Chief Holly Saurer mentioned concerns about the standard’s lack of backward compatibility (see 2204250067). Pearl TV and other broadcast organizations have argued that allowing the sunset to occur won’t lead to viewers being disenfranchised because of market forces -- adoption of 3.0-ready devices isn't yet widespread and stations need viewers to sell ads.
Low-power FM broadcaster Marion Education Exchange has 20 days to respond to Enforcement Bureau information requests and file a notice of appearance in its hearing proceeding or lose its license, said an order from Administrative Law Judge Jane Halprin posted Tuesday in docket 22-76. The hearing proceeding stems from allegations that the Marion, Ohio, broadcaster has repeatedly failed to respond to FCC inquiries and gave the agency false information about the make-up of its board. MEE’s attorney, George Wolfe, withdrew as Marion’s counsel after the broadcaster ceased communicating with him, the order said. “MEE’s failure to respond in any way to any discovery deadlines in this proceeding and its apparent lack of communication with its attorney of record are not the actions of a party that genuinely intends to fulfill its burden of proof in this hearing,” the order said. If MEE doesn’t meet the ALJ’s requirements, the hearing proceeding will be dismissed, leading to the broadcaster’s license not being renewed, the order said.
The FCC Media Bureau is seeking comment on Maine Public Broadcasting’s request to change WMEB-TV Orono, Maine, from Channel 9 to 22, said an NPRM posted Wednesday in docket 22-215. Comments will be due 30 days after Federal Register publication, replies 45.
Broadcaster Arm & Rage wants Administrative Law Judge Jane Halprin to limit the Enforcement Bureau from requesting documents related to fraud and tax evasion charges against Joseph Armstrong and to issue an order clarifying that past allegations of fraud against him are irrelevant (see 2205190050, said a motion in limine and a response to a motion to compel posted Tuesday in docket 22-122. Armstrong was convicted of making a false statement on a 2008 tax form, but acquitted of fraud and tax evasion, the filings said. Armstrong’s conviction followed his selling of cigarette tax stamps for a profit after changes in the tax rates that he voted for as a Tennessee legislator, but that sale was legal, the filings said. “There is no allegation that Mr. Armstrong made that false statement to defraud the government or otherwise avoid paying his taxes. He has been exonerated of that allegation, and that is more than enough to deem it irrelevant under Commission policy here,” said the motion in limine. The Enforcement Bureau has said in previous filings that it doesn’t intend to seek discovery related to the charges Armstrong was acquitted of, but has repeatedly referred to fraud in its filings, Arm & Rage said. “This proceeding has repeatedly referenced fraud even though, under Commission policy, suggestions of fraud are irrelevant and inappropriate. A&R respectfully requests that the Presiding Judge stop those references before they go any further. “
The FCC Media Bureau denied NAB and NPR’s request for an extension of filing deadlines for comments on GeoBroadcast Solutions’ tests of geotargeted radio tech, said an order posted Tuesday in docket 20-401. NPR and NAB “have not shown good cause” for the extension (see 2205180048), said the order. “We agree with GeoBroadcast that the public interest will be best served by expeditious review of the GeoBroadcast test reports and other material in the record,” the order said. NAB Chief Legal Officer Rick Kaplan called the denial “surprising and disappointing,” in a release Tuesday. The FCC “has provided numerous extensions to GBS totaling over two years in length,” said NAB. “We are not aware of a situation where the FCC has denied such a reasonable request, especially in a technical proceeding where documents were not readily available for examination.” “It is the Commission’s general policy that requests for extension of time will not be routinely granted,” the bureau said. The agency shouldn’t “rush to judgment” on the geotargeted radio FM booster proposal, NAB said.