Gray Television will sell two TV stations in Wyoming and Nebraska to Marquee Broadcasting in exchange for Marquee’s FCC-issued construction permit to build a station in the Salt Lake City market, said a Gray news release Thursday. “Neither party will pay additional cash or consideration to fulfill the terms of this swap,” the release said. The Gray stations are in the Cheyenne-Scottsbluff and Casper designated market areas, the release said. The transaction is expected to close in Q2 “following receipt of regulatory and other approvals,” the release said.

FCC action against Fox station WTXF Philadelphia's license would create a “perilous regulatory environment” and expose broadcasters to constant threats against their licenses, Fox said in a letter to the FCC Tuesday. The letter responded to recent filings from former Fox and Disney executive Preston Padden seeking to add to the FCC record filings from an ongoing defamation case against Fox by the Smartmatic voting machine company (see 2401250072). Padden is part of the Media and Democracy Project effort against WTXF’s license renewal. The Smartmatic case and a settlement Fox reached with Dominion voting machine company don’t involve allegations of conduct that violates the FCC’s character policy and neither case includes a final adjudication against Fox, the Fox letter said. The FCC “can and should deny MAD’s petition on the basis that no claim has been pled that is recognized by the Commission’s own precedent or the Communications Act.” A broadcast license renewal proceeding “is not a venue for adjudicating cable network content,” said Fox. The FCC character policy includes provisions where the agency can consider a licensee's egregious misconduct outside the broadcasting context, Padden wrote in an email. Fox countered that if broadcast licenses can be threatened “based solely on unadjudicated allegations made by a third party in an unrelated civil proceeding,” the FCC process could easily be abused “in attempts to silence disfavored speakers across the political spectrum.” Fox added: “Fortunately, MAD’s law is not the law of the Commission or Congress.” In additional comments filed Wednesday, Padden said: "Leaving aside the indisputable fact that Fox News Channel reports and stories ARE broadcast by the Fox Owned Television Stations including WTXF, I respectfully submit that the Murdochs and Fox are simply flat wrong in arguing that their actions in businesses other than the television stations are not relevant to evaluation of their Character for broadcast licensing purposes."

FCC Chairwoman Jessica Rosenworcel circulated a draft order and further notice that would allow FM broadcasters to air geotargeted radio “for a limited period of time during the broadcast hour,” according to a joint statement from Commissioners Brendan Carr and Geoffrey Starks endorsing the item. “If radio entrepreneurs want to test new business models and deploy new technologies, the FCC’s rules shouldn’t stand in the way,” said the statement, which thanks Rosenworcel for moving the proceeding to an order. The item stems from a 2020 NPRM that followed a petition from geotargeted radio company GeoBroadcast Solutions. The company’s ZoneCasting tech uses multiple synchronized FM boosters to transmit targeted signals that FM receivers pick up as being a single signal. The tech also requires a change to FCC rules barring boosters from originating content to operate. It's expected stations using the technology would mainly broadcast a single stream of content but briefly shift certain zones to geotargeted, specialized content multiple times daily: usually for localized commercials. GBS has said it could be used for localized weather and emergency alerts as well. NAB and large broadcasters such as iHeart have vigorously opposed the technology, saying it will reduce ad rates, interfere with other stations and affect the FM noise floor. In 2022, NAB filed ex parte letters (see 2209230070) with the FCC accusing GBS founder Chris Devine of “fraudulent and deceitful conduct.” NAB declined to comment Wednesday. Smaller broadcasters and groups such as the Multicultural Media Telecom and the Internet Association have largely supported the proposal, although the National Association of Black Owned Broadcasters in 2022 voted to discontinue its support. Last year, NABOB was acquired by the U.S. Black Chambers, which has since endorsed the GBS proposal (see 2311030068."Geotargeting technology is not just about modernization; it's about survival and growth," said NABOB President Jim Winston in a UBC release Wednesday. "It's a tool that can rejuvenate a declining sector while also propelling forward the FCC’s vision of promoting minority broadcasting." “Small and independent broadcasters have repeatedly told us that geo-targeting could be a gamechanger,” said Starks and Carr in the joint statement. "It is a great day for radio innovators and a possible salvation for so many facing new levels of competition, said MMTC President Robert Branson in an email. "Importantly, the new service is another way for radio broadcasters to truly serve their local market."

XGen Network filed with the FCC for two additional experimental licenses to transmit in 5G broadcast (see 2306120003), according to a release. The licenses are for HC2’s station WTXX-LD Springfield, Massachusetts, and EGOT Media’s WYJH-LD White Lake, New York, joining Milachi Media’s WWOO-LD Boston. “XGN's Proof of Concept deployments are meant to test the platform, bringing developments out of the lab to testing in the field,” said Xgen CEO Frank “SuperFrank” Copsidas in the release.

Longtime First Amendment lawyer Floyd Abrams is supporting the campaign against a license renewal for Fox station WTXF Philadelphia (see 2310100068). Abrams is known for defending newspapers and broadcasters against the government in high-profile cases such as the New York Times' litigation over the Pentagon Papers. “Broadcasters do have considerable First Amendment rights -- a good deal of my career has been devoted to seeking to establish just that -- but ... repeated distortion of information that is broadcast about a forthcoming election is precisely what a broadcaster may not do and that the Commission may consider in determining whether license renewal is appropriate,” said Abrams in informal comments filed with the FCC. Former FCC Chairman Alfred Sikes and former Weekly Standard editor William Kristol are also part of the campaign, which the Media and Democracy Project and former Fox and Disney executive Preston Padden are spearheading. Senate Commerce Committee Ranking Member Ted Cruz, R-Texas, denounced the effort, and the FCC has received letters supporting WTXF from public officials and organizations, including former Undersecretary of the Army Patrick Murphy, the African-American Chamber of Commerce for Pennsylvania, New Jersey and Delaware, and the Democratic chairwoman of the city’s delegation to the state House. Padden Thursday also filed comments calling on the agency to include in its record a recent New York State Supreme Court ruling denying Fox’s motion to dismiss a defamation claim from voting machine company Smartmatic. “The Media and Democracy Project petition to deny the license renewal of WTXF-TV is frivolous, completely without merit and asks the FCC to upend the First Amendment and long-standing FCC precedent,” said Fox. “WTXF-TV / FOX 29 News Philadelphia is one of the finest local news stations in the country, broadcasting over 60 hours of local news and locally produced programming every week, and has tremendous broad political and community support.”

The FCC Enforcement Bureau issued 44 notices in fiscal year 2023 to owners or managers of properties where apparent pirate radio broadcasts operate, warning them of consequences, the agency said Wednesday. In its annual report to Congress required under the 2020 Preventing Illegal Radio Abuse Through Enforcement Act, the agency said 25 notices related to pirate sweeps. It said the Enforcement Bureau will continue monitoring the properties, saying pirate radio stations often stop operations temporarily and then resume. The bureau said it hired four full-time staffers in FY 2023 focusing on pirate radio and is hiring more. In addition, it ordered six mobile direction-finding investigative vehicles to support the additional staff. Those vehicles will be outfitted this year or next with specialized hardware and software for detecting pirate radio operators. The commission's online pirate radio database went live this week (see 2301240056).

Connecticut low-power TV broadcaster Radio Communications Corp. (RCC) seeks “expedited consideration” of its Jan. 10 petition for review to overturn the FCC’s Dec. 12 order implementing the 2023 Low Power Protection Act (LPPA), said RCC's emergency motion Tuesday (docket 24-1004) at the U.S. Court of Appeals for the D.C. Circuit. The LPPA allows certain LPTV stations to upgrade to Class A status (see 2401180075), RCC also requests a stay of the FCC order and expedited case processing should a stay be entered, said the motion. The FCC opposes the motion, and DOJ takes no position, RCC said. The company argues that the FCC order unconstitutionally restricts program content for Class A eligibility purposes, and unlawfully precludes Class A licensees from asserting cable TV must-carry rights, said the motion. The order also fails to follow the LPPA’s “direction” to protect LPTV stations, it said. The stay, expedited review, and summary reversal are warranted, it said. Expeditious consideration is required because the FCC “announced the imminent commencement of the one-year LPTV license upgrade filing window under the LPPA to change station class from LPTV to Class A “with the same license terms as full power TV stations,” it said. But the FCC order “precludes RCC from filing an LPPA Class A upgrade application,” said the motion. Absent expedited consideration of its petition, “it appears unlikely that RCC would be able to fully litigate this case, come into compliance with full power TV rules, and then timely file a Class A license upgrade application within the LPPA’s one-year window,” it said. RCC’s loss of its Class A license upgrade “filing right” causes irreparable injury because “the only opportunity to file for the economic benefits afforded during the LPPA’s one-year Class A license upgrade period will be lost forever,” the motion said. “Loss of license by displacement” will also cause irreparable injury because RCC would lose revenue and viewers, “and viewer relationships would be damaged,” it said: “Lost viewers would necessarily move on to other program content providers and that lost good will could never be recaptured even if RCC were somehow able to locate new spectrum.”

The FCC identified tentative selectees in six groups of mutually exclusive applications for noncommercial educational FM construction permits from the November 2021 NCE window, according to a unanimously approved order Wednesday. Selectees include New Hope Baptist Church in Gallup, New Mexico. The order also rescinded a previous grant of New Media Humanity Association's application at Weeki Wachee, Florida, with Call Communications Group's reconsideration petition granted and its application reinstated. Also rescinded was a previous grant for Sound in Spirit Broadcasting's application in Burlington, Iowa, with Heritage Baptist Church tentatively selected instead. In addition, the commission rescinded a previous grant for Teleamerica Communications West Palm Beach's application in Key West, Florida, tentatively selecting instead Newland Broadcasters. Petitions to deny the applications of the selectees are due 30 days after the order.

The FCC Media Bureau initiated a proceeding that will revoke the licenses of two Daniel Stratemeyer-owned radio stations due to nearly $25,000 in unpaid regulatory and administrative fees, according to an order to pay or show cause in Friday’s Daily Digest. The delinquent fees are for WRIK(AM) Brookport, Illinois, and KZMA(FM) Naylor, Missouri, from fiscal years 2010, 2012 and 2013, the filing said. The FCC sent the bills to the Treasury Department for collection, and Stratemeyer has 60 days to show the fees are paid, or his stations could lose their licenses.

Connecticut low-power TV broadcaster Radio Communications wants the U.S. Court of Appeals for the D.C. Circuit to overturn an FCC order creating a window for certain LPTV stations to upgrade to Class A status. “Review is required” because the FCC’s implementation of the Low-Power Protection Act “fails to protect, in a very substantial manner," LPTV stations and licenses, and the newly created Class A stations, as Congress required, said a petition for review filed with the D.C. Circuit Jan. 10 and posted Thursday (docket 24-1004). The order, parts of which will take effect Feb. 9, would open a one-year window only for LPTV stations that broadcast a minimum of 18 hours a day, carry three hours per week of local programming and are located in markets of 95,000 households or fewer -- and that already met those requirements 90 days prior to the LPPA's Jan. 5, 2023, approval by Congress. LPTV groups were critical of the LPPA and the subsequent FCC order for allowing only a few stations to convert to Class A (see 2312080043). The petition asks the court to review the order on an expedited basis, stay it, find it unlawful and rule that RCC isn’t precluded from applying for the window, that program content can’t be used to deny Class A licenses and that Class A stations can assert must-carry in their markets. Radio Communications CEO Robert Knapp told us the company plans to ask the court for summary judgment against the FCC.