Washington Beat

The Act named for a key figure on the sidelines of the powerful House Energy & Commerce Committee and a key NAB lobbyist until his February death is one step closer to becoming law — and one step from giving broadcast media necessary post-FCC spectrum auction repack reimbursement funds.

One of the most important documents for any radio or TV station is FCC form 854-R. This is the tower registration form required for each tower over 200 feet and puts into writing the coordinates to be reported to the FAA for tower-beacon light outage. The registration number on this form is required to be prominently displayed on or close to the tower, with large enough numerals to be read from the closest public access to the tower. In some cases, rented towers owned by non-broadcast entities and the tower owners were not aware of this requirement. Here's what Media Information Bureau featured columnist Ken Benner has to say about that faux pas.

On Sept. 22, 2017, the FCC deleted two agenda items from its September Open Meeting, giving unanimous consent and negating the need for discussion and debate. One of these agenda items was a report and order that would have relaxed or eliminated certain rules tied to “revitalization of the AM radio service.” This R&O relaxes or eliminates “certain rules pertaining to AM broadcasters employing and maintaining directional antenna arrays,” and it has just become effective.

The NAB on Tuesday filed reply comments with the FCC regarding a further notice of proposed rulemaking on the Next Gen TV transmission standard. The comments from the broadcast media industry's biggest voice in Washington respond to the arguments set forth by Microsoft and others concerning broadcaster use of vacant in-band channels to smooth the transition. "We stress that allowing broadcasters to use vacant channels, where available, could be an important step to minimize disruption," the NAB asserts.

What do the NAB President/CEO and the Chairman of the House Energy and Commerce Committee have in common? They would likely have no objection to a meal featuring Salt and Straw ice cream, beer from Deschutes Brewery, wine from the Willamette Valley, and some organic eats from a variety of food pods around Portland. Both are from Oregon, and they're teaming up to discuss current legislation and its potential impact on the broadcasting industry.

In a 96-page filing complete with three exhibits made Monday with the Commission, the affiliate associations for ABC, CBS, NBC and Fox Broadcasting collectively urge the FCC to modify the national audience reach cap as it applies to non-Big-Four network-owned stations while retaining the current 39% cap as it applies to the networks — creating a "necessary" two-tiered national owner reach limit. They also seek a "keep and tweak" approach to the "UHF discount."

If you'd like your radio or TV stations to get a little greener but have been stymied by the FCC, the NAB's got your back. In comments filed Monday with the Commission, the NAB responded to its proposal to eliminate the filing requirement for paper contracts and other documents under Section 73.3613 of the commission's rules. "NAB supports the proposal and urges the Commission to move quickly to eliminate this redundant and outdated requirement," it says.

The D.C. Circuit has just issued a long-awaited decision involving the Telephone Consumer Protection Act (TCPA). According to Scott Delacourt and Eva Reed of Wiley Rein LLP, this has "widespread implications for broadcasters and other media companies that rely on modern calling equipment (including text messaging) to reach their audiences." How could this decision, which resolves an appeal of the FCC’s 2015 Omnibus TCPA Order with a unanimous panel but a split decision on the merits, impact your radio or TV station?

Thursday, June 21 is the first day of summer. It is also the first day of an auction of FM translator Construction Permits designated by the FCC as "Auction 83." Procedures and minimum opening bid amounts for this closed auction were released Friday.

The Media Bureau has released its Auction 100 FM translator filing window for long-form applications, with complete "Form 349" applications due in early May. This window specifically deals with the filing of FM translator new station construction permit applications for 669 “Tech Box” proposals.

Among the dozens of e-mails Media Information Bureau columnist Ken Benner dumps each day with nary a glance was one that caught his attention well before hitting the "delete" key. The note to Benner suggested the FCC was about to focus on AM directional antenna compliance. "I normally keep pretty good track on what the current FCC fine-focus is, and this was news to me," Benner says. "I could locate nothing from the commission or the various publications I scan each week." Is AM directional antenna compliance a new concern to put on your radar?

Despite visibly increased enforcement of unlicensed FM radio broadcast operations across the U.S., fueled by efforts led by Republican FCC Commissioner Michael O'Rielly, "pirate radio" operators continue to clog the airwaves in areas such as South Florida, New York City, and the greater Boston area. Now, the U.S. House of Representatives is considering legislation that would put greater fear — and financial punch — behind the FCC's Notice of Unlicensed Operations and proposed fines. 

In an address to Hispanic Radio Conference attendees delivered Wednesday afternoon in Doral, Fla., FCC Commissioner Jessica Rosenworcel called on the FCC to fully assess what went right -- and what went wrong -- as Puerto Rico and the U.S. Virgin Islands dealt with Hurricane Maria some six months ago. The comments came following a visit to Puerto Rico by Rosenworcel, who is already concerned about the 2018 hurricane season.

Four months ago, SBS notified the FCC's Media Bureau that it is out of compliance with its foreign ownership restrictions. Since then, SBS has been giving status reports to the Bureau, and an amended Petition for Declaratory Ruling (PDR) is also on the way. SBS wants affirmation from the Bureau that remedial actions taken to become compliant are sufficient.  Dissident shareholders want their say on the matter — and they're now going to get their chance.

Your station's bank account may have a few more dollars added to its balance by the time media executives gather in Las Vegas for the 2018 NAB Show. Just don't make a cash withdrawal and lose it to the many one-armed bandits found around Sin City. The Incentive Auction Task Force and the Media Bureau have confirmed that an additional allocation of the TV Broadcaster Relocation Fund is anticipated in approximately four to six weeks.