Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations.
- Congress reauthorized funding for many government agencies, including the FCC, thus avoiding a prolonged shutdown of these agencies. FCC operations were barely affected by the short lapse of government funding.
- A new rule went into effect last week requiring that users of the Commission’s CORES database (including all broadcasters) update their FCC Registration Number (FRN) within 10 business days of any change. Information that needs prompt updating includes a filer’s taxpayer identification number (TIN) or social security number (SSN) as well as contact information, including an individual’s name, position, address, telephone number, and email. Look for more information on this requirement on our Broadcast Law Blog this coming week.
- The FCC’s Media Bureau granted several assignment applications proposing Sinclair’s ownership of more than one of the top-4 ranked TV stations in the following Designated Market Areas (DMAs): Eugene, OR; Portland-Auburn, ME; Eureka, CA; Chico-Redding, CA; and Tri-Cities, TN-VA. Sinclair initially made a showing that its ownership of two of the top-4 ranked TV stations in these DMAs was in the public interest, but later withdrew that showing after the U.S. Court of Appeals for the Eighth Circuit vacated the top-4 restrictions (see our article here), asserting that special showing were no longer. DIRECTV filed petitions to deny against the applications, arguing that granting the applications was not in the public interest because Sinclair would charge higher retransmission consent fees due to its greater market share, and that, even after the Eighth Circuit’s decision, applicants still must show that owning two of the top-4 ranked stations in a DMA was in the public interest. The Bureau rejected DIRECTV’s arguments, finding that DIRECTV failed to provide any transaction-specific arguments why granting the applications was not in the public interest—finding that harm from increased retransmission consent fees was speculative – and that, after the Eighth Circuit’s decision, the no special showing was needed to own two of the Top 4 stations in any market.
- The FCC’s Public Safety and Homeland Security Bureau granted three Florida radio stations a waiver of the FCC’s Emergency Alert System (EAS) equipment rules to allow them to continue operating without EAS equipment while the stations were moved to a new transmitter site. The FCC’s rules require stations to have EAS devices installed and capable of sending and receiving EAS tests and messages when the stations are operational. The Bureau found reason to grant the waiver, noting that the licensee only requested waiver for a very short period (2 hours) during the station move and pledged not to proceed with the move if there was a risk of an emergency event or a planned EAS test.
- The Media Bureau released a Notice of Proposed Rulemaking and a Report and Order regarding proposed changes to the TV Tables of Allotments:
- The Bureau released an NPRM proposing the substitution of Channel 10 for Channel 36 at Norwell, Massachusetts as the petitioner requesting the substitution no longer intends to build out the Channel 36 facilities authorized by a construction permit. The Commission considers a channel changed once a construction permit proposing such a change is granted, even before operations on the new channel commence, thus requiring this allocation rulemaking to reauthorize the use of channel 10 even though the station in this case had been operating on that channel all along.
- The Bureau also released a Report and Order granting the substitution of UHF Channel 33 for VHF Channel 8 for a station at Hutchinson, Kansas due to the long history of VHF reception issues among the TV station’s viewers.
- The FCC’s Enforcement Bureau issued a Notice of Violation against a Hawaii FM station after an inspection revealed that the station was potentially creating interference with aviation communications in the 108-137 MHz band. The station must now explain to the Bureau how it will correct the rule violation and prevent future violations from occurring.
- The Media Bureau dismissed a construction permit application for a new Florida LPFM station after the applicant failed to provide a complete response to the Bureau’s request for additional information regarding the applicant’s eligibility to own an LPFM station (for LPFM stations outside of the top 50 urban markets, either the applicant must be physically headquartered or 75% of its board members must reside within a 10-mile radius of its proposed station’s transmitter site). The Bureau stated that applicants have an affirmative duty to respond fully to the FCC’s requests for information regarding an application to ensure the FCC’s proper processing of an application, and failure to do so could result in the application’s dismissal.
