Noncommercial educational radio broadcasters disagree about the FCC’s proposed 10-application limit for the upcoming 2021 application window (see 2011200052), in replies in docket 20-343. Low-power FM radio entity REC Networks and Common Frequency pushed for a five-application limit to discourage speculation. Educational Media Foundation wants a soft 10-application limit that would allow applicants to file for unlimited non-mutually exclusive applications in non-Nielsen markets after the initial 10. “Public interest goals of the FCC should also include providing service to rural areas to promote and preserve a diversity of broadcast services,” said EMF. “EMF’s proposal would encourage speculation and tax the Commission’s resources for processing applications,” said NPR, in support of the FCC’s initial proposal. “Given the scarcity of channels, a smaller filing cap should discourage mass filers,” said Common Frequency.

The FCC approved an NPRM seeking comment on a proposal to change FM booster rules to allow geotargeted radio broadcasts (see 2010280062). The full commission OK'd the NPRM, released Tuesday. Commissioner Mike O’Rielly concurred. “The rollout of the Notice seems a bit hasty, given its substantial implications for reshaping FM radio policy,” O’Rielly said. “Any rulemaking that considers taking steps that rely on a proprietary technology should be done under a watchful and extremely skeptical eye.” Commissioner Geoffrey Starks, who has repeatedly endorsed the proceeding as a way to aid minority-owned broadcasters, did so again. GeoBroadcast Solutions’ advertising revenue sharing model would allow smaller stations to install the tech without having to acquire upfront capital, he said. “In the absence of more robust analysis, the assumption that these changes will promote diversity of voices, much less ownership, is incredibly premature,” said O’Rielly. Targeted ads could lead to some broadcasters receiving less advertising, he warned. Starks and Commissioner Brendan Carr said they partnered in support of the item. Getting this NPRM “across the finish line required more than a few oars in the water,” Carr said. As expected, the draft item hews closely to the proposal from GBS, which owns the zoned-broadcast technology enabling geotargeting. The item doesn’t seek comment on proposals from some broadcasters to allow content origination on FM translators. It doesn’t appear to contain any tentative conclusions, seeking broad comment on the technical aspects, how similar programming originating on an FM booster must be to a station’s primary stream, and whether the proposal would affect loyalism, diversity or competition. "The prospect of hyper-localizing over-the-air radio content has great potential for the industry in reaching underserved audiences, as well as providing news and alerts on a regional basis, and improving the advertising revenue for the stations,” emailed a company spokesperson. GBS is "optimistic" that rules for zoned broadcast coverage will be enacted in 2021, the spokesperson said. Starks rounded up supportive comments in a separate news release. "As we battle the COVID-19 pandemic, it is important for hyper-localized content, like news and emergency alerts to be delivered to the communities that need this tailored content the most," said Rep. Yvette Clarke, D-N.Y. "This undoubtedly would boost the ability of minority broadcasters to compete in a highly competitive marketplace and reach underserved audiences," said Clint Odom of the National Urban League. Among those also quoted: National Association of Black Owned Broadcasters President James Winston; Multicultural Media, Telecom and Internet Council President Maurita Coley; and Rep. Tony Cardenas, D-Calif.

FCC expanded video description requirements take effect Dec. 30, said Monday's Federal Register. The order increases markets where TV stations must provide video description, adding 10 markets annually for each of the next four years. The order imposes a January deadline for the first additional 10 areas (see 2010230052).

FCC waiver of a 2013 rule requiring broadcasters provide audio description on a second audio stream of emergency information conveyed through graphics remains necessary, said an NAB status report posted Wednesday in docket 12-107. “There is still no practical technical solution for broadcasters to convert information conveyed in a dynamic graphic image to speech,” said the report, which has the support of consumer groups. “We believe the audible crawl rule would be rarely invoked because broadcasters usually provide a graphic image merely to illustrate the information conveyed in a textual crawl,” the association said. “NAB is hopeful that neither the waiver nor the rule itself will be necessary at some point in the future.”

The full FCC denied two broadcaster applications for review, in orders posted Wednesday. Chinese Voice of Golden City argued that bureau-level findings it violated commission rules on candor by operating a low-power FM station from an unauthorized location and then filing an application for modification without disclosing it had long been operating from the requested site were incorrect. By not broadcasting from its authorized locations, CVGC also violated rules on broadcasters going silent without permission, the FCC said Wednesday. “Unauthorized transmissions are not sufficient to avoid expiration of a station’s license by operation of law.” Commissioner Mike O’Rielly voted to concur in part and approve in part on the CVGC order but didn’t issue a statement explaining the vote. A second order, denying an application for review from Korean Gospel Broadcasting Network, was unanimous. KGBN argued the interference complaints about its Los Angeles area FM translator wouldn’t be valid if they were considered under the revamped FM translator interference rule, which hadn't taken effect when the complaints were made. “The Bureau is under no obligation to withhold the processing of defective applications pending a potential change in legislation or the Commission’s rules,” the order said. KGBN argued the application's application “is a slap in the face to the Commission’s historic minority broadcasting policy goals,” but the order said those goals shouldn’t be achieved “in a manner that undermines the incentives of FM translator applicants to propose viable facilities.”

FCC and NAB appeals of the 3rd Circuit U.S. Court of Appeals Prometheus IV case will be argued before the Supreme Court on Jan. 19, SCOTUS said Wednesday (see 2011230064). “Mark your calendars: Prometheus v. @FCC will be the first case argued before the U.S. Supreme Court on January 19!” tweeted FCC General Counsel Tom Johnson. Oral argument will last an hour, the calendar said. In a news release Wednesday, SCOTUS said all January oral arguments will be done via phone due to COVID-19. Some attorneys speculated earlier this year that an FCC under the Biden administration could seek to withdraw the appeal, but Prometheus IV is scheduled for the day before inauguration. A ruling is expected before summer, attorneys said. The nature of that decision is expected to dictate how the FCC 2018 quadrennial review proceeds (see 2011130049).

The FCC Media Bureau proposed a $20,000 penalty for Deerfield Media -- a sidecar company affiliated with Sinclair -- and its WUTB Baltimore for airing Hot Wheels toy commercials during a Hot Wheels cartoon show for children, Team Hot Wheels, said a notice of apparent liability in Tuesday’s Daily Digest. Deerfield said the commercial for the Hot Wheels Super Ultimate Garage play set was inadvertently placed by the network from which the station bought the programming, but the NAL said the agency doesn’t consider inadvertence an excuse. “The eight instances that the Station exceeded the children’s television commercial limits represent a substantial number of violations,” the NAL said.

The FCC Media Bureau extended the deadline for comments on Fox’s request for a permanent waiver of the newspaper/broadcast cross-ownership rule (see 2011160037) from Nov. 27 to Dec. 1 in response to Free Press’ call for more time, said an order Tuesday. Replies are now due Dec. 8. The bureau granted the extension because Fox’s waiver request wasn’t available in the electronic comment filing system until Nov. 17, though the public notice announcing the comment dates said it was available Nov. 13. “A brief extension of time for interested parties to submit comments is appropriate,” the order said. The bureau said Free Press’ request to delay the proceeding indefinitely isn't “warranted.”

Comments are due Dec. 24 on NAB’s petition to clarify how multicast streams of TV stations simulcasting in the ATSC 3.0 transition will be treated under FCC licensing rules, said a public notice Tuesday. NAB wants the FCC to clarify that in such arrangements, the licensee originating the programming, not the host station, is responsible for that content. Some stations have concerns about which station is liable for any potential rule violations, the PN said. Replies are due in docket 16-142 Jan. 25.

Delay consideration indefinitely of Fox’s request for permanent waiver of the newspaper/broadcast cross-ownership rule (see 2011160037), Free Press asked the FCC in a request for extension of time posted in docket 20-378 Monday. The request's timing and the opening of the proceeding are inappropriate, said Free Press. “However cloudy Fox and friends may fear their future is under a new administration, there’s no reason to steam ahead on insufficient notice in the wake of an election and the week of Thanksgiving, all while the rules in play are still in court.” The late Friday issuance of the public notice on the matter and a commenting deadline the day after Thanksgiving “appear designed to tip the scale heavily against public participation and in Fox’s favor,” Free Press said. The proceeding occurring during a presidential lame-duck period and after Congress asked the FCC to refrain from controversial actions is also significant, Free Press said. “No matter the current president’s apparent unwillingness to accept reality, a transition is underway,” Free Press said. “With it will come a change in the Commission’s majority and in its chair, at whose direction the Bureau initiated this proceeding so conveniently timed for Fox but no one else.”