Washington Beat

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 "NAB supports the proposal and urges the Commission to move quickly to eliminate this redundant and outdated requirement," it says.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.

The American Television Alliance (ATVA) has filed a Petition with the FCC that seeks reconsideration of three aspects of an order authorizing the permissive use of the next generation broadcast TV standard known as ATSC 3.0. It seeks separate negotiations, no flash-cut transitions for LPTVs, and full disclosure should a station "degrade their signals without warning viewers and MVPDs beforehand." We've got an RBR+TVBR Observation on the matter, so fasten your seat belts, MVPDs.

As expected, the U.S. House of Representatives on Tuesday (3/6) authorized additional funds for broadcasters repacking their channels following the recently concluded FCC incentive auction. H.R. 4986, the Repack Airwaves Yielding Better Access for Users of Modern Services, or RAY BAUM’S Act, passed by voice vote.

With primaries in some states happening as soon as this month, the 2018 election cycle is certain to be contentious and hard-fought. That's why Fletcher Heald & Hildreth attorney Dan Kirkpatrick, who counsels television and radio stations on compliance with FCC regulations affecting their day-to-day operations, as well as in the context of sale, purchase, and financing transactions, says now is the time for broadcasters to review their systems to ensure that they will be in compliance with the FCC’s political advertising requirements.

The FCC on March 1 unveiled its tentative March Open Meeting agenda, along with a special note that the March 22 gathering will start one hour earlier than usual, at 9:30am. While most of the agenda items do not pertain to broadcast media, there's something that will be of interest to some TV station owners.