Washington Beat

It's official: The FCC's Public Safety and Homeland Security Bureau has set Sept. 27 as the date for the next nationwide test of the Emergency Alert System. With a notice released Monday, the EAS Test Reporting System is now open for 2017 filings. Perhaps most importantly for radio and TV stations, the latest edition of the EAS Operating Handbook has been released. 

As of July 14, the FCC’s Incentive Auction Task Force calculated the aggregate amount of the estimated costs of reimbursement-eligible TV stations and MVPDs faced with new post-incentive auction channel assignments. Their estimate: $2.12 billion. The amount Congress allocated? That's $1.75 billion, and Commissioner Michael O'Rielly is convinced more funds are needed—in particular to assist FM stations impacted by the repack.

Less than 24 hours after the FCC restored the UHF discount, allowing broadcast TV companies to effectively own more stations, Sinclair Broadcast Group on April 21 agreed to acquire the Randy Bongarten-led Bonten Media Group Holdings for $240 million. That deal, and its approval by the FCC, was slammed by Democratic Commissioner Mignon Clyburn in her opening testimony at a House Oversight and Reauthorization of the FCC.

Under the FCC's current rules, all commercial and noncommercial radio and TV licensees, as well as attributable interest holders in those licensees, must file ownership reports by Dec. 1 in odd-number years. That means the clock is ticking. However, there's much going on at the Commission, and given "numerous recent proposals" to change the frequency of ownership reporting — among other things — the NAB requests that the biennial ownership reports be suspended.

A House Member representing Wisconsin's Fifth District could be doing the entire radio industry a big favor as legislation that would establish new royalty fees for the airplay of recorded music makes it way across Capitol Hill. With H.R. 3350, a database of nondramatic musical works and sound recordings would be created in an effort to help identify and compensate the rights holders. Could this be the answer for those opposed to Darrell Issa's efforts?

By way of a Public Notice distributed on Thursday, the FCC's Incentive Auction Task Force and the Media and Wireless Telecommunications Bureaus have identified each station subject to a winning reverse auction bid in the broadcast television spectrum incentive auction for which an incentive payment is ready to be paid.

The House E&C Committee has finally rescheduled its oversight hearing on the FCC — scrubbed in March as it conflicted with the Senate Commerce Committee's oversight hearing. Now, FCC Chairman Ajit Pai and Commissioners Mignon Clyburn and Michael O'Rielly are set to head to the Rayburn HOB on Tuesday morning for what will likely be a nearly three-hour inquiry.

Paging Flo & Eddie: A quintet of Congressional leaders are on your side. With the NAB-backed Local Radio Freedom Act now boasting 206 co-sponsors in the House and 23 in the Senate and little, if any, interest in H.R. 1914 (The PROMOTE Act of 2017) or the better-known "Fair Play Fair Pay Act" (H.R. 1836), a California Republican in the House of Representatives is now taking aim at pre-1972 copyrights.

The efforts of California Rep. Darrell Issa and Rep. Marsha Blackburn to bring new performance rights fees to radio stations appear to be as successful as those in the Senate designed to repeal and replace the Affordable Care Act. 

The owner of a Class A radio station in rural Seward, Alaska has been issued a Notice of Apparent Liability for Forfeiture in the amount of $66,000 for what the FCC says are "numerous apparent violations" of its rules — including actions that undermine the effectiveness of the Emergency Alert System.

In addition to the nominations of Jessica Rosenworcel and Brendan Carr to serve as Commissioners on the FCC, Chairman Ajit Pai awaits a confirmation by the U.S. Senate. That's because President Trump has nominated Pai to serve another term at the Commission, which supersedes his ascension to the chairmanship. While noting that over the past several years "you have come to know me and where I stand," he shared several perspectives from outside the Beltway, and noted that the stories of many "stay with me." In short, " they fuel my passion to help deliver digital opportunity to all Americans and advance the public interest."

After nearly three hours of queries from members of the powerful Senate Committee on Commerce, Science & Transportation, the expected confirmation of two new FCC Commissioners is closer to arrival.

In prepared testimony delivered Wednesday to the Senate Commerce, Science & Transportation Committee, former Democratic Commissioner Jessica Rosenworcel stated her case as to why the word "former" should be deleted, and why she should return to the FCC. In doing so, Rosenworcel reflected on her months away from the Commission by saying that, while trite but true, a little distance provides perspective. "In my time away, one thing has become abundantly clear," she says. "The future belongs to the connected."

The following column, in the opinion of Radio+Television Business Report featured columnist Ken Benner, is "absolute must reading for every broadcast licensee from which you can learn all you don't want to know about in a 10-minute perusal." He adds that his "FCC FY 2018 Budget In Brief" report "clearly documents" what he's been ranting about over the past 10 years, much to the chagrin of his adversaries.

William J. Potts, a longtime Washington communications attorney who led a firm acquired by Garvey Schubert Barer in 2000, passed away at his home in Glen Echo, Md., on Monday, July 10, after a short illness. He was 87.