Radio communications and TV "hobbyist" Roger Davis, a self-described “rural resident at the fringe” of a small TV market in eastern Ohio, sees the ATSC 3.0 transition “as an opportunity for broadcasters to serve rural populations in ways never before possible,” said his filing posted Thursday at the FCC in docket 16-142. His were the very first comments received in the FCC’s NPRM on all aspects of 3.0, five years into its voluntary deployment (see 2207060019). On the NPRM’s call for feedback on the market availability of 3.0 receivers, “my perception as a consumer is that while receivers are available, they are extremely limited in terms of choice at this time,” said Davis. He has been researching new TVs from several top manufacturers, “but I see that the ATSC 3.0 tuner capable models are restricted to higher priced units,” he said. Since NextGenTV stations “are generally simulcasting on lighthouse transmitters with no additional content or features, there is no compelling reason for me to switch to a new expensive television at this time,” he said. The 3.0-capable SiliconDust gateway device he bought in October 2020 “is fine for my hobbyist needs right now,” he said. But he worries that “much of the promise of ATSC 3.0 will be left behind as streaming options become more profitable and more prevalent,” he said. NextGenTV’s backers cite the current availability of many dozens of 3.0-capable TV models from LG, Samsung and Sony, at price points starting under $500, with approximately eight more models on the way from Hisense later this year. Comments in the NPRM are due Aug. 8, replies Sept. 6.

Urban One CEO Alfred Liggins initially supported geotargeted radio tech but began opposing it after becoming more informed, he told FCC Commissioner Geoffrey Starks in a call Tuesday, said an ex parte filing posted Friday in docket 20-401. FCC authorization of the tech “would hurt minority broadcasters, including Radio One, and further enrich advertising companies” and GeoBroadcast Solutions, which plans to market the tech to broadcasters. “Urban One’s view is that minority businesses or other businesses advertising on Radio One stations do not face a barrier in reaching a broader audience,” the filing said.

Apollo Global Management and the new company created by Standard/Tegna will have only “a borrower/lender relationship” and the $8.6 billion deal’s effects on retransmission consent arrangements are “relatively standard” and in line with FCC precedent, said Standard, Tegna and Apollo subsidiary Cox Media Group Thursday in a joint opposition to petitions to deny the transaction (see 2206230070), posted in docket 22-162. After-acquired clauses in retransmission consent contracts aren’t “a diabolical device” and the MVPDs that have such contracts with Tegna knew when they agreed to the clauses that Tegna was likely a candidate for acquisition, said the opposition filing. “Most, if not all, of the Applicants’ retransmission contracts currently in effect were negotiated in the shadow of the potential (or actual) sale of TEGNA,” the filing said. The FCC “should reject the MVPD Commenters’ entreaties for unwarranted conditions,” said the filing. Apollo Global Management and its subsidiaries won’t be the majority shareholder, will hold only nonvoting shares, and won’t own enough shares to be attributable under FCC rules, the filing said. If the companies’ goal “had been to push the envelope on how big an interest AGM could hold in TEGNA while remaining non-attributable,” FCC rules would have allowed Apollo to hold up to a 49.99% voting interest in the new company instead of the nonvoting shares it would have under the current deal, the filing said. Standard, Tegna and CMG also targeted the public interest groups opposing the transaction. “After years of advocating for providing access to capital to minority buyers, Petitioners now oppose both a minority buyer and his avenue for accessing capital,” said the filing, referring to Standard founder Soohyung Kim. Common Cause, the United Church of Christ Media Justice Ministry and the Communications Workers of America's NewsGuild sector “failed to demonstrate any ‘concrete and particularized injury" from the deal and so don’t have standing to petition to deny it, the filing said. “The Commenters have presented no valid reason to impede or impose conditions on grant of the respective Applications,” the filing said. UCC, Common Cause and NewsGuild didn’t comment.

FCC authorization of geotargeted radio would create a “wild west” in New Jersey and disproportionately favor out-of-state Class B radio stations, said the New Jersey Broadcasters Association in an ex parte letter posted Thursday in docket 20-401. The tech would be “a threat to the vast majority of New Jersey’s lower powered, fully licensed stations,” the NJBA said, “Adding this splintering of new competitors will only further disrupt our industry and derail any hopes of recovery to 2019 levels, while repressing true localism. ... The NJBA is resolutely opposed to any proposal that advocates boosters being able to originate programming.”

Comments are due Aug. 8, replies Sept. 6, in docket 16-142 in the FCC’s NPRM on all aspects of the ATSC 3.0 deployment (see 2206220067), including the possible sunset of the substantially similar requirement, and whether 3.0-essential patents are being licensed on fair, reasonable and nondiscriminatory terms, said a notice for Thursday’s Federal Register. The NPRM also seeks comment on the availability of 3.0 devices to consumers.

Schwab Multimedia didn’t have a site on which to construct its AM station at the time it claimed COVID-19-related worker shortages and supply chain issues were delaying construction, said the FCC Monday in an appellate brief filed with the U.S. Court of Appeals in Schwab’s latest effort to hold on to its permit for the unbuilt KWIF(AM) Culver City (see 2205090044). Since loss of a construction site isn’t among the criteria for tolling construction deadlines, the agency denied Schwab’s request for more time, the FCC said. Schwab has also introduced arguments in the appeals process it never raised before the commission, the filing said. “If Schwab now means to suggest that the Commission should have waived its rules to account for Schwab’s loss of its construction site, Schwab never made this argument before the agency,” the FCC said. Schwab submitted “generalized evidence” of pandemic-caused worker shortages and supply chain issues but “did not demonstrate that those issues had affected Schwab,” the FCC brief said.

Administrative Law Judge Jane Halprin has granted a 20-day extension to low-power broadcaster Marion Educational Exchange to hire an attorney after the broadcaster failed to respond to multiple communications from the FCC, said an order in MEE’s license hearing proceeding Friday. "The Presiding Judge would be justified in dismissing this proceeding due to MEE’s failure to prosecute its application,” the order said. “Given the seriousness of that result, however, the Presiding Judge is willing to provide MEE more time to engage new counsel.” MEE had argued that it hadn’t received communications related to the case from the Media Bureau and its first attorney -- who has since withdrawn -- but Halprin expressed skepticism about those claims. “Perhaps Mr. Craft did not read the emails, but the Presiding Judge does not find it credible that he did not receive them,” the letter said, referring to Shawn Craft, MEE's board president. MEE has said it can’t afford a lawyer, but Halprin said MEE’s conduct has given her pause about allowing the proceeding to continue without the broadcaster having representation. “It is not clear that MEE has explored whether an attorney might take the case pro bono considering the company’s nonprofit status.”

The FCC should authorize geotargeted radio to help minority broadcasters, said a letter to Chairwoman Jessica Rosenworcel from nine House Democrats released Thursday. “It is imperative the FCC allow minority broadcasters to fully utilize and cultivate the value of their ownership to the maximum extent possible and have access to innovations,” said the letter from Hank Johnson, D-Ga.; Bennie Thompson, D-Miss.; Barbara Lee, D-Calif.; Anthony Brown, D-Md., and others. Several of the signatories had also endorsed geotargeted radio in a previous, similarly worded letter to Rosenworcel earlier this month (see 2206070049). “The proposed rule will also relieve the frustration of minority small businesses by allowing them the option to purchase affordable, targeted advertising to reach their neighbors,” both letters said.

The FCC Media Bureau announced 18 winning bidders for construction permits for full-power TV stations in Auction 112, according to a public notice in Thursday’s Daily Digest. The winning bids include five permits for Gray Television and six for Weigel Broadcasting. Winning bids in the auction totaled $33 million net, the PN said. Down payments for winning bidders are due July 8, final payments July 22, and long-form applications for the construction permits July 25, the PN said.

The FCC Media Bureau reinstated language exempting Class D FM stations from the FCC’s issues/programs list requirements that was inadvertently dropped from the rules in the 1980s, said an order listed in Thursday’s Daily Digest. “This amendment to the Rules does not change any regulatory obligations. Instead, section 73.3527 will more accurately state the entities to which it applies, eliminating potential confusion among Class D FM stations,” said the order. The language was left out of the rules for issues/program lists when they were revised in 1988, the order said. “The 1987 NPRM that preceded that order did not propose any change to the Class D exemption; nor did the 1988 Order discuss any such change,” said the Media Bureau. “However, the Class D Note did not appear in the 1988 edition of the CFR (Code of Federal Regulations), nor in any subsequent edition.” The Media Bureau issued a ruling in a 2009 forfeiture order arguing that the FCC had intended to eliminate the exemption, but that ruling is now disavowed, the Media Bureau said.