Entertainment Media Trust’s (EMT) requests for extension of the filing deadline in its case before Administrative Law Judge Jane Halprin should be denied, said the FCC Enforcement Bureau in a response filing posted Thursday in docket 19-156 (see 1909030061). EMT waited until the day the filings were due to seek an extension, “in essence granting itself the very extensions it now seeks,” said the bureau. “Such gamesmanship should not be tolerated.” The ALJ should ignore EMT’s arguments that a possible bankruptcy will result in a stay because the broadcaster hasn’t declared bankruptcy, and doing so doesn’t always lead to a stay, the bureau said. EMT’s arguments that key personnel weren’t available to respond to the bureau’s discovery requests and that the bureau was beyond the limit on number of interrogatories should also be disregarded, the bureau said, since FCC rules don’t include such limits.
The full FCC reached settlements with Nexstar and Word of God Fellowship over violations of the kidvid rules, said two orders in Thursday’s Daily Digest. Under the settlements, both licensees will have their FCC licenses renewed, the consent decrees said. Nexstar agreed to pay $109,076 for filing incorrect children’s television reports, failing to meet the programming requirements because of sports pre-emption, and failing to provide required information for programming guides. The resolution of the kidvid matter is seen as a prelude (see 1908160061) to FCC approval of Nexstar’s buy of Tribune, which is expected soon (see 1909040035). Word of God agreed to pay $30,700 for not meeting the programming requirements due to pre-emption for fundraising drives, the consent decree said.
The Recording Industry Association of America should work to fight payola, said FCC Commissioner Mike O’Rielly in a letter Wednesday to RIAA CEO Mitch Glazier. “Your Association is uniquely situated to survey the practices of your industry and respond to press reports regarding alleged practices in order to help determine whether allegations of non-disclosure are actually occurring.” O’Rielly said he would also like to review any evidence of “soliciting artist appearances and performances with implied or express threats against non-participation.” O’Rielly’s “primary goal” is to “get to the bottom of existing industry practices to determine whether the law is being followed or whether any problematic conduct must be addressed,” he said. O’Rielly wants a reply by the end of September, the letter said.
Entertainment Media Trust requested an extension of an Aug. 30 deadline in its case before FCC Administrative Law Judge Jane Halprin because it may file for bankruptcy or reach a settlement, said a motion posted in docket 19-156 Tuesday. EMT wants extension until Sept. 13 to respond to a request for production of documents. The agency designated the radio licensee for hearing over allegations it wasn’t truthful on whether its St. Louis-area AM stations are under control of a convicted felon (see 1906050063). EMT should have additional time because it's “engaged with the Bureau in discussions regarding potential avenues to more quickly resolve this matter” and may also file for bankruptcy, the filing said. “A bankruptcy filing by EMT would result in a stay of this proceeding.”
Though changes to kidvid rules replacing quarterly reports with annual ones will take effect a month before the next quarterly report is due, broadcasters still must provide their final quarterly report, said an FCC public notice posted Tuesday (see 1907100067). The kidvid rules take effect Sept. 16, but the last quarterly children’s TV report is due Oct. 10, the PN said. That report should cover July 1-Sept. 15, the PN said. Compliance with kidvid requirements will be judged “on a pro rata basis,” the PN said. The requirement that broadcasters list children’s TV programming they plan to air in the future -- eliminated by the new kidvid rules -- is waived, the PN said. Some aspects of rules -- such as changes to pre-emption -- await OMB and Paperwork Reduction Act approval, and broadcasters should follow the existing rules there, the PN said.
Performing rights organization Global Music Rights will contact radio stations about extending until March 31 a license for its content, blogged Wilkinson Barker broadcast attorney David Oxenford Thursday, in a post emailed the next day. The previous deal expires Sept. 30. Stations that don’t hear from GMR by Sept. 15 should contact the PRO directly, Oxenford said. Stations that play GMR music without a license could face statutory damages of up to $150,000 per song, Oxenford said.
Terrier Media parent Apollo Global Management will convert from a limited liability company to a corporation, said a filing posted in docket 19-196 Friday. It's intended to supplement AGM’s request for permission to be foreign owned, and included a request to allow Tiger Global Management affiliates to own up to 49 percent of AGM. The shift to a corporation won’t change control of AGM and doesn’t change its status as a public company, the filing said: The Tiger companies count as foreign because they're based in the Cayman Islands but controlled by U.S. citizens. The Tiger affiliates own close to 15 percent of AGM. Terrier seeks declaratory ruling authorizing foreign ownership as part of its pending deal to buy TV and radio stations from Cox (see 1907120052).
The station groups subject of DirecTV's good-faith rules violation complaint (see 1906190027) no longer oppose FCC expedited treatment. In a docket 19-168 filing posted Thursday, Deerfield Media and the others said an agency decision on the complaint is needed to end "this fundamental and otherwise irreconcilable disagreement" and an expedited resolution would restore programming as quickly as possible.
Broadcaster reductions in the FCC 2019 regulatory fee order (see 1908280021) as compared with the NPRM are "a rare win against ever-increasing regulatory fees," blogged Pillsbury broadcast attorney Lauren Lynch Flick Wednesday. The "narrow approach" to funding the FCC "makes little sense," said Flick. It collects fees from licensees, "while charging no fees to those that rely on the FCC’s rulemakings to launch new technologies on unlicensed spectrum" or participate in rulemakings. Unlike other licensees, broadcasters "have no ability to just pass those fees on to consumers as a line item on a bill," Flick said. The regulatory fee process "is mired in a system in which broadcasters are left holding the bag for more than 35% of the FCC’s operating budget." The lawyer called it "an old formula, and it no longer works." America's Communications Association said the order's increases on direct broadcast satellite operators is "welcome progress" toward fee parity, though the FCC could have gone further. It said smaller MVPDs have been subsidizing DBS, and the FY 2020 regulatory fee order "should complete [the FCC's] long journey to fee parity for all MVPDs.”
Team Telecom -- DOJ, the Department of Homeland Security and DOD -- withdrew their hold on Leading Media’s request for permission to buy five Texas radio stations as a subsidiary of Mexico-based company Multimedios, said a letter posted in FCC docket 19-167 Wednesday (see 1906200016).