Entertainment Media Trust’s trustee Dennis Watkins filed a notice of appearance pro se in the radio broadcaster’s licensing proceeding in docket 19-156, shortly before a Friday deadline set by Administrative Law Judge Jane Halprin. After EMT cut ties with its previous council and then didn’t respond to filings, Halprin suggested she could dismiss the case if an attorney representing EMT didn’t file a notice of appearance (see 1912110064). Watkins didn’t comment.
The FCC Media Bureau issued notices of apparent liability proposing forfeitures for stations that filed late license renewal applications. The NALs propose forfeitures of $1,500 for CTC Media Group for a Bridgeton FM translator; South Caldwell High School for WSEQ-LP Hudson; and Pirate Media Group for a Washington translator, all in North Carolina, and Church of God for WVOY-LP Jefferson, South Carolina. A $3,000 forfeiture was proposed for Radio Hatteras for WHDZ Buxton, North Carolina.
The Antitrust Division doesn’t have actual interest in Global Music Right’s lawsuit against the Radio Music License Committee, and DOJ’s Dec. 5 filing (in Pacer) siding with GMR is “puzzling,” RMLC responded (in Pacer) Wednesday in U.S. District Court in Los Angeles. The long-running proceeding concerns GMR allegations that RMLC operates anticompetitively, as a “cartel.” Justice’s argument RMLC misstated laws against price fixing and that buyer-side price fixing is as pernicious as the sales version isn’t related to GMR’s argument, RMLC said. DOJ’s contention arbitration would be unlawful contradicts recent department arguments in favor of arbitration over litigation, RMLC said. "Private, civil enforcement is an important supplement to the United States’ efforts to eliminate these unlawful practices," said DOJ. “Even if the Court were to credit in full everything the Division has said, granting RMLC’s motion for judgment on the pleadings would still be warranted,” the committee said.
Replies to a broadcaster petition for reconsideration of the FCC recent policy clarification on political advertising disclosures are extended to Jan. 28, said a Media Bureau order on docket 19-363 Wednesday. The petition was filed by NAB, Hearst, E.W. Scripps and other station groups. The order grants an extension request from the Campaign Legal Center, Common Cause and Sunshine Foundation (see 1912090032). Comments remain due Dec. 30.
Entertainment Media Trust’s Chapter 7 bankruptcy trustee Donald Samson shouldn’t be allowed to withdraw until he complies with document requests from petitioner Mark Kern, Kern filed, posted in docket 19-156 Tuesday. Samson argued that since the bankruptcy case was dismissed and EMT will control stations in question, his involvement should end, and Kern’s requests are overbroad. “Details regarding why EMT filed for bankruptcy, who directed the bankruptcy filing, and whether such filing was an attempt to circumvent the present proceeding are directly relevant to the main issue designated for hearing -- who is controlling EMT,” said Kern.
Donald Samson, Chapter 7 bankruptcy trustee for Entertainment Media Trust, asked to be removed as a party to the case now that a U.S. Bankruptcy Court dismissed EMT’s bankruptcy, said a motion posted in FCC docket 19-156 Monday. With the dismissal, EMT’s stations will be returned to EMT, thus removing the need for the bankruptcy trustee’s involvement. Samson also filed in opposition to a document request from petitioner Mark Kern, arguing it's overbroad. After EMT skipped a recent hearing, FCC Administrative Law Judge Jane Halprin said the license renewal proceeding could be dismissed -- preventing EMT from renewing its licenses -- if EMT doesn’t enter an appearance by Dec. 20 (see 1912110064).
The FCC Media Bureau will freeze FM commercial and noncommercial educational minor change applications during the form 175 application filing window for FM construction permit Auction 106, said a public notice. The filing window and freeze is Jan. 29-Feb. 11, the PN said. “These temporary freezes are designed to avoid conflicts between the frozen filings and auction proposals, and to promote a more certain and speedy auction process.” Bidding starts April 28, said a PN on auction procedures also in Monday’s Daily Digest. Auction 106 involves 130 FM construction permits, including 34 left over from prior auctions.
The FCC should act on proposals to increase power of low-power FM, called LP-250, in a Further NPRM along with other proposals to improve LPFM the agency previously rejected, said Rec Networks in calls with aides to Chairman Ajit Pai and Commissioner Geoffrey Starks, and a call with Audio Division Chief Albert Shuldiner and Media Bureau staff, per filings posted Thursday in docket 19-193. LP-250 would allow some LPFM stations upgrade to 250 watts. Rec said the FCC should consider allowing waivers of some distance and interference rules between LPFM stations and other radio stations and translators. Rec said FCC proposals to eliminate newspaper notice rules for broadcaster applications, shifting to online notice, would be “changing the culture” from "reactive (paging from a newspaper and seeing an ad) to proactive (going to a website specifically looking for public notices).” Rec supports using national organizations to operate websites dedicated to public notices.
Broadcaster arguments stepped-up enforcement of equal employment opportunity rules would be burdensome and data collection proposals are unconstitutional are incorrect, said the Multicultural Media, Telecom and Internet Council in an FCC response posted Thursday in docket 19-177. “If a broadcaster does not discriminate, and maintains customary professional personnel records, EEO compliance and responsiveness to an audit should cost next to nothing.” The group submitted testimonials from “expert witnesses on media diversity,” including broadcasters and academics. Black College Communication Association Chairwoman Valerie White called it “astonishing” broadcasters “would believe that discrimination might have disappeared from the broadcast industry.” Increased audits “would serve as powerful deterrents to discrimination,” MMTC said. No party has opposed MMTC proposals the FCC make outreach efforts on EEO compliance, such as creating a secure whistleblower phone line and publicizing anti-retaliation rules, the group said.
Entertainment Media Trust skipped a Dec. 5 conference in its license proceeding it had been ordered to attend and is in danger of having the proceeding dismissed and not having its licenses renewed, FCC Administrative Law Judge Jane Halprin said in an order posted in docket 19-156 Tuesday. Halprin is “deeply troubled” by EMT’s actions, she said. EMT not responding to the order to appear and failing to show up “provides a basis for immediate dismissal of this proceeding,” she said. Halprin isn’t yet dismissing the proceeding because of “tumult” about EMT’s representation, she said. EMT’s former attorneys -- Fletcher Heald's Davina Sashkin and attorney Anthony Lepore -- had represented both EMT and the Chapter 7 bankruptcy trustee holding EMT’s stations, but were abruptly terminated as EMT’s lawyers (see 1911260067). If a substitute representative of EMT doesn’t file an appearance in the proceeding by Dec. 20, Halprin will invite the other parties in the case to file motions to dismiss, she said. EMT’s ongoing bankruptcy is expected to soon be dismissed in U.S. Bankruptcy Court, and the licenses reverted to EMT, according to a filing from Chapter 7 trustee Donald Samson. EMT didn’t comment Wednesday, but in a podcast version of his radio show posted Tuesday, (at about the 20:45 mark) Bob Romanik -- who the Enforcement Bureau has argued is the true controller of EMT’s stations -- said he's being thrown off the air because of opposition to his politics and his frequent use of the n-word. “They are trying to throw me off the air day in and day out, they got all kinds of lawyers working the case,” Romanik said. “It has nothing to do with anything else, I don’t care what they say,” he said. Repeatedly using the racial epithet alongside descriptors such as “greasy,” and “lazy,” Romanik said on the podcast that the FCC’s issue with him isn’t his status as a felon but “thousands of complaints” filed against him. At one point, Romanik apologized for using the word “black” in lieu of the n-word. EB hasn’t referenced content complaints in EMT’s case.