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.
- The FCC and the FCC’s Media Bureau released several Public Notices (here, here, here, and here) announcing revised filing and regulatory deadlines following its reopening after the end of the federal government shutdown. As we noted last week here, the FCC initially released a Public Notice announcing extensions for filings due during the shutdown, generally through November 18, in anticipation of the large influx of filings that the FCC expected after reopening, but stated that additional guidance on possible further extensions would be provided. As FCC databases for the most part did not come back online until November 18, this past week’s notices further extended many deadlines, including for station uploads to their Online Public Inspection Files and political files, Special Temporary Authority expirations, and construction permit expirations, as well as the dates for filing applications for LPTV/Translator major changes. On our Broadcast Law Blog, we took a detailed look at these revised filing and regulatory deadlines.
- The Media Bureau announced that comments and reply comments are due December 17 and January 16, respectively, in response to its Notice of Proposed Rulemaking seeking public comment on its 2022 Quadrennial Review of its media ownership rules. Congress requires the FCC to review its media ownership rules every 4 years to determine whether, as result of competition, they remain necessary, and to repeal or modify any rule that the FCC determines is no longer in the public interest. The NPRM seeks comment on whether the FCC should repeal or modify the Local Radio Ownership Rule (which limits the number of radio stations one entity may own, in the largest markets, to at most 8), the Local Television Ownership Rule (limiting an entity to owning two TV stations in a DMA), and the Dual Network Rule (prohibiting TV stations from affiliating with an entity owning two or more networks – effectively barring mergers among the “Big Four” broadcast networks: ABC, NBC, CBS, and Fox). We looked at some of the questions in the 2022 Quadrennial Review, including an in-depth look at some of the issues facing the radio industry, in an article on our Broadcast Law Blog here.
- The Media Bureau released a Public Notice seeking comment on the current relationship between national TV broadcast networks and affiliated local TV stations – a review which the Bureau states the FCC has not undertaken in over 15 years. The Bureau seeks to identify barriers that may be imposed by the network-affiliate relationship that prevent local TV stations from meeting their public interest obligations and responding to the needs of their local communities. Specifically, the Bureau seeks comment on issues including the current status of the relationship between national programmers and local TV affiliates, whether their relative bargaining positions have changed in recent years, whether network affiliation agreements impede local affiliates’ ability to maintain control over station programming, and whether national programmers are punishing local affiliates for exercising their right to preempt network programming. The Bureau also asks whether the FCC should initiate a rulemaking proceeding to update its rules to address network practices and, if so, what practices should be prohibited. Comments and reply comments are due December 10 and December 24, respectively.
- The Media Bureau announced that comments and reply comments are due January 20 and February 18, respectively, in response to the FCC’s Fifth NPRM on ATSC 3.0, proposing changes to its rules to provide TV stations with additional flexibility during the transition to the new transmission standard. The FCC asked if it should allow stations to determine when to stop broadcasting in ATSC 1.0 or to require continued simulcasting in both standards but with fewer restrictions on the currently required duplication of their ATSC 1.0 and 3.0 signals. The FCC also seeks comments on issues including the use of encryption and digital rights management, requirements for multichannel video programming distributors like cable and satellite TV to support ATSC 3.0 signals, requirements for manufacturers to include ATSC 3.0 tuners in new TVs, and the sunset of ATSC 1.0 service.
- The FCC released an NPRM proposing to auction a portion the Upper C-Band (3.7-4.2 GHz). We stated in our note of the draft NPRM’s release (here) that the proposal to auction Upper C-Band spectrum is intended to fulfill Congress’ mandate in the One Big Beautiful Bill that the FCC complete an auction of that spectrum by July 2027. To deal with existing users of the spectrum, the NPRM proposes to define “incumbent earth stations” as those that were operational as of April 19, 2018, and remain operational, were licensed or registered as of November 7, 2018, and timely certified the accuracy of their information on file with the FCC by May 28, 2019 (incumbent earth stations being ones entitled to interference protection or reimbursement during any C-band transition).
- Also, the FCC’s Space Bureau released a Public Notice containing an updated list of earth stations operating in the Upper C-Band (4.0-4.2 GHz), which would likely define those who are incumbent earth stations. This corrects a list issued in September (see our note here) which improperly omitted many incumbent earth stations, including many used by broadcasters. The updated list, including many used by broadcasters that previously had been omitted, can be found here. The Bureau reminds these “incumbent” users of the C-Band to update registrations if changes are made, and to notify the FCC if these earth stations are no longer actively used.
- Nexstar and TEGNA announced that they had filed applications with the FCC to transfer control of TEGNA to Nexstar. TEGNA currently owns 64 TV stations, one AM radio station, one FM radio station, and related auxiliary licenses. TEGNA and Nexstar state that the proposed transaction would result in Nexstar controlling more than two TV stations in 23 Nielsen Designated Market Areas (DMAs), and would result in Nexstar holding interests in stations with a national audience reach of 54.5%. The FCC’s rules currently limit local TV station ownership to two stations per market and generally prohibit broadcasters from having interests in stations with a national audience reach exceeding 39%. While the parties note that there are proceedings underway that may change these ownership limitations, they request waivers of the FCC rules as necessary to accommodate the proposed transaction. Additionally, although the U.S. Court of Appeals for the Eighth Circuit vacated and remanded the FCC’s decision in the 2018 Quadrennial Review Order to retain the Top-4 Prohibition (effectively doing away with the prohibition on broadcasters owning two of the top-4 affiliated TV stations in a DMA, see our note here), the parties also request a waiver of that requirement to the extent required.
- FCC Chairman Carr sent PBS and NPR a letter demanding to know whether they aired the 12-second video clip of a 2021 speech by President Trump just before the January 6 storming of the Capitol as edited by the BBC to put two lines from different parts of the speech back to back in a manner that Trump has claimed is deceptive and over which he threatened to sue the BBC. Carr suggests it would be “news distortion” if PBS and NPR aired the BBC programming and requests that they provide transcripts and video of any such broadcasts.
- Chairman Carr also responded to letters from members of Congress on several broadcast-related issues:
- Several members of Congress sent letters to Chairman Carr (see here, here, here, and here) regarding Carr’s apparent suggestion in a podcast interview that the FCC could penalize ABC/Disney if the company failed to discipline late-night host Jimmy Kimmel over comments he made on Charlie Kirk’s assassination (see our notes here and here). Carr responded (see here, here, here, and here) that Democrats incorrectly claimed that the FCC threatened to revoke ABC/Disney’s broadcast licenses if it did not fire Kimmel. Carr stressed that the FCC has an important role to play in ensuring that local broadcast stations operate in the public interest, including by being able to preempt national network programming that they deem to be inconsistent with their local viewers’ values.
- Congressman Ellzey (R-TX) and Congresswoman Hoyle (D-OR) sent a letter to Chairman Carr recommending that the FCC adopt a new Emergency Alert System (EAS) code for Missing and Murdered Indigenous Women and People (MMIWP), arguing that the existing Missing and Endangered Persons (MEP) code does not appropriately address the disproportionate rates at which American Indians and Alaska Natives go missing. Carr responded that the FCC did not adopt a separate MMIWP code because the MEP code was designed to cover MMIWP, and many tribes and tribal organizations were consulted in the process.
- Senator Rounds (R-SD) and Congressman Johnson (R-SD) sent a letter to Chairman Carr inquiring why northern Union County, South Dakota was designed as part of the Sioux City, IA DMA instead of the Sioux Falls, SD DMA, to which they claimed that viewers in northern Union County have stronger ties. Carr responded stating that the FCC cannot change the DMA map, which was created by Nielsen based on audience surveys. Carr, however, stated that a broadcaster, cable operator, or satellite provider (or the county government in the case of a satellite market modification petition) can petition the FCC to modify the communities in a TV station’s market for cable and satellite TV carriage purposes – which could allow in-state stations in Sioux Falls to be carried in Union County with the consent of the station.
- The FCC’s Enforcement Bureau issued a Notice of Illegal Pirate Radio Broadcasting against a Williamsburg, Virginia landowner for allegedly allowing a pirate to broadcast from its property. The Bureau warned the landowner that the FCC could issue a fine of up to $2,453,218 under the PIRATE Radio Act if the landowner continues to permit pirate radio broadcasts from its property.
- The Enforcement Bureau also issued a Notice of Violation against a California FM translator station after a field agent observed that the translator was emitting signal on frequencies removed from its licensed frequency at levels not permitted by the FCC’s technical rules. The translator’s licensee must explain to the Bureau its corrective actions and how it will prevent future violations from occurring.
