The full FCC denied a 2011 application for review of a decision on a Raycom affiliation swap from 2009 and granted renewal of the station licenses, in what broadcast attorneys said is likely a prelude to FCC approval of Gray’s proposed buy of Raycom. DOJ gave its nod to the deal Friday (see 1812140019). The appeal, filed by anti-consolidation group Media Council Hawaii, challenged Raycom’s swap of affiliations and shared services agreement with HITV, which led to Raycom’s ownership of top-four network Honolulu stations KHNL and KGMB and operation of HITV’s station KFVE Honolulu. Media Council had argued the swap allowed Raycom to break the commission’s duopoly rules, but Raycom said no FCC approval was needed for the transaction. “We affirm the Bureau’s determination that the duopoly rule did not bar the affiliation swap at issue here,” Monday’s order said. The FCC also said Raycom didn’t exercise undue control over KFVE. The order rejected Media Council allegations that Raycom and HITV misrepresented facts to the agency. “Media Council fails to support its character allegations against Raycom with evidence suggesting that Raycom intended to deceive the Commission, nor do we find any such indication based on a review of the record as a whole,” the order said.

CBS has grounds to terminate former CEO Les Moonves for cause for “willful and material misfeasance,” violating company policies and failing to cooperate with the investigation, the board said Monday. He won't get severance. Moonves stood to collect $120 million in severance had the board determined he was fired without cause (see 1809100026). The investigation showed CBS’ policies “have not reflected a high institutional priority on preventing harassment and retaliation,” the company said, though it said harassment and retaliation aren’t “pervasive." CBS has appointed new chief people officer Laurie Rosenfield (see 1810110052) and retained “outside expert advisors” to develop initiatives to promote workplace “dignity, transparency, respect and inclusion,” it said.

The FCC's final 2018 quadrennial review NPRM emphasizes more than the previously released draft that broadcast ownership rules may not be retained, a version comparison shows. Commissioner Mike O’Rielly said Wednesday (see 1812120054) he pushed for “stylistic” changes to make sure it didn’t lean away from removing rules, though he called the finished product “benign” and said it didn’t go far enough. A comparison of the two versions, which O'Rielly suggested we do when asked questions about what changed, shows addition or promotion of language saying the rules may not be retained. On the local radio rule, the original asks if the rule “continues to serve the public interest and remains necessary” while the final seeks comment “on whether the current Local Radio Ownership Rule remains necessary in the public interest.” Similar changes were made throughout. In a section on numerical limits, the phrase “If the commission decides the rule is still necessary” replaced language saying comments would be sought on whether the rule is necessary. The word “necessary” was also added to several sections on the local TV rule, and language suggesting the radio rules may or may not be retained was added to the embedded markets section, among others. The final version released Thursday rephrased sentences mentioning “localism” and “viewpoint diversity” as a goal for some rules. In the draft section on the local radio rule, those phrases were removed from the first sentence of a paragraph with the QR’s questions about the rule and moved to the end of the paragraph. “We also seek comment on whether the Local Radio Ownership Rule is necessary to promote localism or viewpoint diversity,” the paragraph now finishes. In a section on the AM/FM subcaps, the final also omits a comment from the publisher of Radio Ink that was included in the draft version that called NAB’s subcap proposal “a fool’s game.” The FCC also released Thursday the test reclassification declaratory ruling, approved over a Commissioner Jessica Rosenworcel dissent (see 1812120043). “This decision removes regulatory uncertainty, empowers providers to continue protecting consumers from unwanted text messages, and should foster further innovation and investment in messaging services,” the ruling says. Also released was an order on service rule changes for an auction next year of the upper 37, 39 GHz and 47 GHz bands (see 1812120046).

E.W. Scripps completed the process of selling its radio stations, closing on an $8 million deal for eight stations to Lotus Communications, it said in a release. Total proceeds from the sale of Scripps' entire radio division were $83.5 million, which also includes 19 stations sold to Summit Communications, five to Griffin Communications and two to Good Karma Brands, it said.

A New York pirate radio operator was arraigned Wednesday on a charge of unauthorized radio transmission after an investigation by the FCC Enforcement Bureau and the Westchester County District Attorney’s Office, the commission announced Wednesday. Richard Dominguez of Croton-on-Hudson was allegedly operating an unauthorized station he branded “La Mojada FM." County officials seized Dominguez’s equipment and arrested him after the bureau shared information with them, the FCC said. A website apparently related to the alleged pirate said "this Account has been suspended." A phone call to a number seemingly associated with the station was answered by someone who said he is Dominguez's brother, and that his brother left the country following the court hearing. The alleged pirate pleaded not guilty and is due back in court next month, said a DA's office spokesperson.

Ion got FCC OK to move within Kentucky WUPX-TV Morehead to Richmond (see 1810180050), which the broadcaster described as "a much larger community" and "deserving of its first local transmission service," said a Media Bureau order Tuesday. It's a "preferential arrangement" by giving the state's third-largest city its first such outlet, while "Morehead will not be deprived of its sole local service," said the bureau. The change was unopposed.

The FCC unanimously eliminated rules requiring broadcasters to post physical copies of licenses at their facilities. The action came in a vote on circulation, said an order and deletion notice Tuesday. The item had been slated for Wednesday’s commissioners’ meeting. It was seen as noncontroversial and widely supported, broadcast attorneys said. It wasn’t widely seen as particularly important, they said.

CBS agreed to sell its 25-acre Television City production site in Los Angeles to real estate developer Hackman Capital Partners for $750 million, the broadcaster announced Monday. CBS programs will be produced on the site for the next five years, and CBS will have on-site office space for some departments. CBS’ primary production facility will remain the CBS Studios Center in Studio City.

The FCC was correct to renew the license of Fox Television Stations' WWOR-TV Secaucus, New Jersey, in July, said Chairman Ajit Pai in a November letter responding to New Jersey Sens. Cory Booker and Robert Menendez, both Democrats, posted online Friday. “Even the evidence presented by those seeking denial of the license renewal ultimately supported the finding that WWOR-TV significantly covered New-Jersey-centric issues, including New Jersey politics." The vote to renew WWOR was unanimous. “I know you agree with me that the Federal Communications Commission should not put itself in the newsroom to second-guess the editorial decisions of journalists,” Pai wrote. Renewal “raises a serious question” about what a local citizen “would have to demonstrate for the FCC to deny a license renewal based upon the inability of WWOR (or any other station) to serve its local community,” wrote Booker and Menendez.

PMCM wants the Supreme Court to take up its appeal of FCC decisions preventing the company's WJLP Middletown Township, New Jersey, from being broadcast on virtual channel 3, said a Tuesday letter (in Pacer) from the court clerk acknowledging the cert petition. The U.S. Court of Appeals for the D.C. Circuit rejected PMCM’s en banc appeal in September (see 1809050062).