Administrative Law Judge Jane Halprin's decision that Auburn Network’s broadcast licenses won’t be revoked over owner Michael Hubbard’s felony convictions (see 2205090059) ignores FCC policy and creates "a dangerous precedent," the FCC Enforcement Bureau said in docket 21-20 Thursday, asking the full commission for a reversal. It said the judge used multiple wrong legal standards for determining Hubbard’s corruption convictions for public corruption weren't disqualifying, and the decision ignores all the evidence in the record concerning mitigating factors. It said by not striking evidence Auburn submitted after the discovery period closed, Halprin's decision leaves open the possibility future cases could have parties introducing evidence in its written case submissions that couldn't be investigated by the other party -- "a dangerous precedent for allowing 'trial by ambush,'" the bureau said. It asked the commission to provide guidance "concerning the admissibility of 'ambush' evidence ... in hearings conducted on a written record to ensure future hearings adhere to procedural safeguards that reflect well-settled principles of fairness."

The American Militia Association, licensee of WHYU-LP Meyersdale, Pennsylvania, hasn't shown its intervention would help resolve a proceeding seeking to determine if Pennsylvania broadcaster Roger Wahl is qualified to keep that license, Administrative Law Judge Jane Halprin ordered in docket 21-401 Thursday. It sought to intervene (see 2205170080).

The FCC should undertake "extraordinary scrutiny" in reviewing the planned sale of 18 Spanish-language radio stations to the Latino Media Network, Republican lawmakers urged in a letter dated Wednesday to Chairwoman Jessica Rosenworcel. Citing LMN's financial backing by Lakestar Finance, with ties to investor George Soros, they said the proposed sale "is the latest in a series of moves by elite progressives desperate to claw back support from Hispanic voters." The lawmakers said they "are concerned that far-left ideologues are attempting to consolidate and expand their control over the media, so they can flood the airwaves with propaganda." Signers were Sens. Mario Rubio and Rick Scott of Florida, Tom Cotton of Arkansas and Reps. Carlos Gimenez, Maria Salazar and Mario Diaz-Balart of Florida. The agency didn't comment.

The FCC issued a final rule Wednesday amending the FM table of allotments by adding Channel 263A at Hamilton, Texas. “We modify the FM station KNUZ license to specify operation on Channel 291A in lieu of Channel 224A at San Saba, Texas, and the FM station KRNR license to specify Channel 224A in lieu of 263A at Goldthwaite, Texas,” the Media Bureau said. The changes will be effective July 11.

Comments are due to the FCC July 7, replies July 22, on Maine Public Broadcasting Corp.’s petition to substitute WMEB-TV Orono Channel 22 for 9.

Arm & Rage's attempt to limit FCC Enforcement Bureau document requests about fraud and tax evasion charges and the broadcaster's related request for an order (see 2205240047) are "based on nothing more than imaginings, assumptions, and conjecture about the Bureau’s intent in building its case moving forward," the bureau said in docket 22-122 Monday. It said Arm & Rage's Joseph Armstrong argued the bureau isn't entitled to discovery on elements of the crime for which he was convicted, but determining whether that conviction makes him and Arm & Rage unqualified to hold an FCC license means deriving into the circumstances of the conviction for submitting a false tax return. Arm & Rage can always challenge specific discovery requests in the future and seek a forced exclusionary ruling then, it said.

For its review of Standard General's proposed buy of Tegna, the FCC Media Bureau wants insight into New Standard's retransmission consent negotiation strategy. In a docket 22-162 filing Friday, the bureau made several requests for information, including whether retrans consent agreements would be negotiated jointly post transaction, if there would be any sharing agreements and details of anticipated staff reductions. The bureau also requested copies of submissions made to the FTC and DOJ on antitrust review. Responses are due June 13.

Radio personality Hugh Hewitt said proposals for geotargeted radio would line the pockets of “big tech,” in a letter to FCC Commissioner Brendan Carr posted in docket 20-401 Thursday. Hewitt, who works for Salem Media -- an opponent of the proposal -- said the proposal, which would allow radio stations to target advertisements to small sections of their markets, “is a torpedo aimed at midship for my program and those like it.” Hewitt echoed arguments from NAB and others that the targeted ads -- which could potentially be offered at cheaper rates to advertisers because they would reach fewer listeners -- would create “downward pressure” on advertising rates. This “could very well be the final straw for many stations -- especially smaller stations -- and would only further strengthen digital platforms such as Google, Twitter, and Meta,” Hewitt said. Carr should recognize the proposal as a “real threat” to radio because of his “admirable crusade to combat censorship and promote free political discourse,” Hewitt said. “When Chairman [Ajit] Pai was in office I would email him with the understanding that my communications are for the applicable notice and comment proceedings, and I welcomed him on air to discuss,” Hewitt said. “The same invitation is open to you.” "Mr. Hewitt expresses concern about Big Tech and that geotargeting by radio will somehow inure to Big Tech’s benefit," emailed a spokesperson for GeoBroadcast Solutions, the primary proponents of the geotargeted radio proposal. "But any small- and medium sized station owner will tell you that it’s precisely because radio cannot geotarget that advertisers have fled to the very platform Mr. Hewitt is concerned about: Big Tech.”

The White House should block Standard General’s proposed buy of Tegna, said the NewsGuild sector of the Communications Workers of America in a letter to President Joe Biden posted on the NewsGuild’s website Thursday. “Mr. President, you can do something to protect workers, journalists, local news, and hardworking families. Please urge the FCC to reject the Apollo/Standard General/TEGNA deal.” The Tegna transaction would “kill journalism jobs, undermine local news and raise prices for American families,” the letter said. The labor union for journalists also weighed in at the FCC (see 2205130072). Through station swaps designed to trigger after-acquired clauses in retransmission consent contracts, the deal “would put in place a premeditated price fixing scheme that would supercharge inflation by jacking up prices on everyday Americans,” the letter said. NewsGuild-CWA also argued the transaction could violate FCC ownership caps if loopholes allow Apollo Global Management, which already owns stations, to take over the Tegna stations. In the deal’s FCC filings, Apollo is an investor in the transaction but won’t own a controlling interest in the new entity. Apollo, Standard and Tegna didn’t comment.

FCC Administrative Law Judge Jane Halprin should dismiss the hearing proceeding on Pennsylvania radio broadcaster Roger Wahl’s license over his failure to participate, said the Enforcement Bureau in a motion posted Wednesday in docket 21-401. Dismissing the matter would lead to the revocation of Wahl’s license for WQZS(FM) Meyersdale. “Mr. Wahl has repeatedly failed (or refused) to provide the Bureau with a complete response to the Bureau’s discovery requests, or, in the case of the Bureau’s most recent document requests, with any response at all,” said the EB. Halprin previously warned Wahl, who has been representing himself, he must adhere to the case’s deadlines or risk dismissal (see 2204290073). “Lack of counsel or unfamiliarity with Commission processes does not excuse nonfeasance,” said the motion. If Halprin doesn’t dismiss the matter, she should compel Wahl to respond, the EB said.