Denials of two petitions for reconsideration of relaxation of some FCC technical rules for low-power FM stations (see 2106160048) take effect Aug. 13, says Wednesday’s Federal Register.
The FCC Media Bureau gave the nod to license transfers associated with Alpha Media’s bankruptcy reorganization, said an order Tuesday. It's conditioned on the reorganized company filing a petition within 30 days of emerging for a declaratory ruling to be more than 25% foreign-owned. The order denies petitions to deny from former Alpha CEO Lawrence Wilson and minority shareholder Paul Stone (see 2104160057), classifying them as informal objections. Wilson and Stone raised concerns about current CEO Bob Proffitt’s conduct and the company seeking foreign ownership. MB ruled that neither has standing. And complaints about corporate governance “are wholly outside the jurisdiction of the Commission,” the order said. Alpha Media USA would own the company’s broadcast licenses and a wholly owned subsidiary of U.S. based company New Alpha. MetLife will control 43.7% of New Alpha, investment management firm Hamilton Lane will control 49%, and U.K. and Cayman Islands-based Intermediate Capital Group will control 5.8 %, the order said. New Alpha will be managed by a five-member board consisting of Proffitt and directors designated by the other stockholders.
The FCC Media Bureau canceled a proposed $1,500 forfeiture after translator owner Gerard Media argued a late renewal application was caused by an error in the FCC licensing and management system, said an order listed in Monday’s Daily Digest. The LMS listed the wrong expiration date and the error wasn’t initially corrected after staff was informed. The order cancelled the NAL and admonished Gerald on late filing for W294CY Valparaiso, Indiana. “After alerting the staff to the LMS issue in February 2020, Licensee took no steps until July of 2020 to address the continuing technical issues,” the order said. “Failure to timely file the renewal application was due to Licensee’s own lack of diligence.” Gerald Media didn’t comment.
The FCC Media Bureau proposed a $3,000 forfeiture for WPGS(AM) Mims, Florida, for not seeking license renewal application on time. It was due Oct. 1, 2019, and was filed Jan. 31, 2020, said a notice of apparent liability Monday. “The Licensee provides no explanation.” WPGS didn’t comment.
Comments are due Aug. 3, replies Aug.13 in docket 21-284 on FCC auction of 17 low-power TV and translator construction permits set to open bidding in February, said a Media Bureau public notice Friday. Auction 111 is open only to specific groups that filed for new facilities, major changes or displacement relief that were mutually exclusive, the PN said.
GeoBroadcast Solutions geotargeted radio broadcasting went online the week of June 28, the company told FCC Media Bureau Audio Division Chief Al Shuldiner and an aide to acting Chairwoman Jessica Rosenworcel, per a filing posted Thursday in docket 20-401: The test is being done at Universal Media Access' KSJO(FM) San Jose, with engineering consultants Robertson and Associates. Comprehensive measurements by a larger team is next, followed by a report to be shared with FCC staff, the filing said.
The FCC should act “without delay” on an NAB petition for clarity on how the agency will treat multicast streams during the ATSC 3.0 transition, said Pearl TV in a meeting with aides to Commissioner Nathan Simington Thursday, per a filing posted in docket 16-142 Wednesday. Broadcasters said inaction on the matter is complicating the transition (see 2105280035). The petition “seeks only to give broadcasters the necessary clarity to maintain existing 1.0 service,” Pearl said. It doesn’t ask for “new carriage rights for multicast streams” or “create new station licenses or alienable interests.” A station “would continue to have its one license, but instead of only reflecting one authorized host channel, it may reflect more than one,” Pearl said.
“We have patiently waited for the opportunity to fix our channels,” replied 51 low-power FMs, posted Wednesday in support of a REC Networks proposal to allow for increased LPFM power levels (see 2106220056). “We ask the FCC to entertain the creation of new regulation via RM-11909 to assist our plights,” said the group of stations, called LPFM Broadcasters for Sustainable Signals. Community support for the proposal is “overwhelming,” said REC. “Even stations that can’t upgrade acknowledge that for many rural and ... some urban LPFM stations, the upgrade to LP250 would enable their programming to reach their community with greater success.” NAB filed against the proposal. It “fails to see why LPFM operators should be allowed a short-cut that would not only allow them to broadcast with the same amount of radiated power as a Class A station, but to do so while avoiding” public interest and EAS requirements, it said. “LP250 service is unwarranted because an LPFM entity is always free to apply for a 250-watt Class A station, just like anyone else.” Common Frequency attacked NAB arguments LPFMs are prone to operate outside allowed power levels. “NAB could only amass three cases in the two-decade history of LPFM, among 2,114 stations, where LPFM licensees were cited for over-powered broadcasting,” CF said. “None of NAB’s concerns presented in their Objection are supported by fact.”
The full FCC unanimously proposed a $518,283 fine for Gray Television allegedly violating a prohibition against owning two top-four stations in a market, said a notice of apparent liability Wednesday. Gray violated the rules by acquiring the CBS affiliation of the Denali Media's station KTVA Anchorage in 2020 in a sale of “non-license assets” and broadcasting the programming on its KYES-TV Anchorage -- now KAUU -- while continuing to own NBC affiliate KTUU-TV Anchorage. “At the time of closing KTUU-TV and KTVA(TV) were ranked numbers one and two, respectively, in the Anchorage market,” said the NAL. The FCC amended rules in 2016 to prevent common ownership of two top-fours through the purchase of a network affiliation, the NAL said. Gray didn’t contact the FCC about the transaction or seek waiver, though it modified operations to address the matter in March, the NAL said. Though the rules cited in the NAL make references to swaps rather than sales, the rule “clearly encompasses the ‘sale’ transaction that Gray executed to acquire the CBS affiliation from KTVA(TV),” the FCC said. “The use of the word ‘swap’” was “simply a shorthand description for the types of transactions,” the NAL said. The FCC hasn’t previously imposed a forfeiture for a violation of this type, and based the amount on the forfeiture for an unauthorized transfer of control, the NAL said. Gray didn’t comment.
NAB is “gravely concerned” by recent violence against broadcast journalists, it said in a news release Tuesday. “Journalists should be afforded the respect to safely provide this valuable service to the community without fear of violence, intimidation or harassment,” said President Gordon Smith. Shots were reportedly fired at two Graham Media journalists July 4 in San Antonio and a man stole a Capitol Broadcasting news crew's vehicle in Raleigh July 3.