Monty Tayloe

A petition from the Media and Democracy Project (MAD) and former Fox executive Preston Padden asking the FCC to hold a hearing over and block a Fox-owned TV station’s license renewal isn’t likely to lead to agency action and would raise First Amendment concerns if it did, said attorneys we spoke with. Said MAD: “Owning a broadcast station is more than a business -- it is a public trust. Never before has the Commission been confronted with so much evidence attached to a petition that clearly shows that an FCC broadcast licensee undermined that trust." The FCC has historically stayed out of broadcaster editorial decisions and isn’t likely to change that, said Fletcher Heald broadcast attorney Frank Montero.

High-profile RF safety skeptic Robert F. Kennedy Jr.'s entry in the 2024 Democratic primary is likely to draw more attention to the debate over RF radiation, but that’s not likely to mean FCC action on the item, according to interviews with academics and wireless attorneys. “I don’t think his candidacy will have a practical effect” on the agency, said Best Best attorney Tim Lay. The agency might get more pressure from the public, but “they have enough other things on their list,” he said. The agency “tends to take a long time” to act in RF radiation proceedings, said wireless attorney David Siddall.

Broadcasters, satellite companies and trade groups disagreed how often the FCC should reevaluate its regulatory fee structure and whether the system needs new payers, in reply comments filed by Thursday’s deadline. The agency should “continue to conduct such reviews of the work of its indirect FTEs [full-time equivalents] annually, as well as to identify additional ways that the Commission’s regulatory fee process can be made fairer and remain current,” said a joint reply from state broadcast associations in docket 23-159. “A complex accounting of indirect FTEs is not fair, administrable, or sustainable” and doing such an analysis annually would create administrative burdens and raise fairness concerns, said CTIA.

Broadcasters believe a letter from Senate Commerce Chair Maria Cantwell, D-Wash., could move FCC Chairwoman Jessica Rosenworcel to refresh the record on a nearly decade-old proceeding on classifying streaming services as MVPDs, but the programming networks don’t agree. Rosenworcel’s March 24 letter (see 2303310061) to Sen. Charles Grassley, R-Iowa, “reflects her latest thinking on the matter,” emailed an FCC spokesperson Friday in response to questions about Rosenworcel’s stance and Cantwell's comments. The FCC “lacks the power to change these unambiguous provisions on its own,” the Chairwoman wrote then.

An upcoming Supreme Court decision in Biden v. Nebraska, which concerns the White House’s student loan forgiveness program, could clarify to what degree the court’s major questions doctrine (see 2302080064) could be used to challenge the actions of federal agencies such as the FCC, said HWG's Chris Wright and FCC Deputy General Counsel Jacob Lewis Thursday on a virtual FCBA panel.

The FCC approved a draft ATSC 3.0 order with sunset dates for the substantially similar and A/322 physical layer requirements (see 2304070045) and is expected to release it soon, FCC and industry officials told us. The order extends the substantially similar requirement for four years, and will require the FCC to examine the progress of the new standard one year before the sunset date. The order also similarly extends the physical layer requirement. The substantially similar requirement had been set to end in July. The A/322 physical layer was to sunset in March, but that was temporarily stayed by the agency earlier this year.

The NAB-stewarded, FCC-involved task force intended to iron out the ATSC 3.0 transition -- The Future of TV Initiative – kicks off Monday at NAB’s headquarters in Washington, D.C. The meetings (see 2304170056) are closed to the press, and neither NAB nor the FCC would say who from the agency is participating or in what capacity, but the entities invited to attend seem optimistic, if scant on details. “I don’t think we know enough to say how it will go, but we’re cautiously intrigued,” said Kathleen Burke, task force participant and Public Knowledge policy counsel. “We are hoping that the process clears the way for the FCC to resolve any outstanding regulatory issues so that the NEXTGEN TV transition is accomplished in an expedited manner," emailed Lonna Thompson, general counsel for task force participant America’s Public Television Stations.

Among the first broadcasting matters likely to be taken up by a full five-person FCC are the 2018 Quadrennial Review and the proposed Equal Employment Opportunity data collection, said broadcasters, public interest advocates and FCC officials in interviews this week. Both items have been long stalled at the agency and are considered nearly ready to be rolled out, industry and FCC officials told us. Such a 2018 quadrennial order likely wouldn’t include substantive rule changes, broadcast industry officials said. “I don’t have any great hopes of any massive deregulation,” said Gray Television Senior Vice President-Government Relations and Distribution Rob Folliard. The FCC didn't comment on the specifics of what Chairwoman Jessica Rosenworcel has planned for broadcasting once she has an FCC majority, but an agency spokesperson said the Chairwoman "will continue to prioritize protecting consumers and preserving competition, localism and diversity.”

FCC Administrative Law Judge Jane Halprin terminated the Standard/Tegna hearing proceeding, said an order Thursday in docket 22-162. Tegna and Cox Media Group withdrew from the proceeding last week, and Tegna filed the formal withdrawal of its transfer applications Wednesday. Standard said it's ready to continue litigating the matter. “It is not in the public interest to expend the time and resources to continue this hearing as an academic exercise,” wrote Halprin. The proceeding "is therefore terminated,” said the order.

Broadcasters seeking an AM radio requirement for cars are counting on bipartisan support and public safety concerns to carry the day, but opponents argue Ford’s recent reversal (see 2305230047) shows legislation to mandate the technology like the AM Radio for Every Vehicle Act (HR-3413/S-1669) isn't needed. It would direct the National Highway Traffic Safety Administration to issue a rule mandating AM radio access in new vehicles. House Communications Subcommittee Chairman Bob Latta, R-Ohio, is withholding deciding on whether such legislation is needed pending the outcome of a planned early June hearing on the issue.