Aspects of the FCC’s adjustments to political ad recordkeeping rules that required OMB approval will take full effect July 5, says a notice for Thursday’s Federal Register. The order updated FCC rules to conform to the language in the 2002 Bipartisan Campaign Reform Act and added online presence to the list of considerations broadcasters take into account when determining whether a write-in political candidate should receive political candidate ad pricing.

A draft further NPRM that was circulated to FCC commissioners’ offices last week would seek comment on whether to allow the sunset of the requirement that stations broadcasting in ATSC 3.0 also offer an ATSC 1.0 stream that is “substantially similar,” industry and FCC officials said (see 2204250021). That requirement is set to sunset July 17, 2023, a date that was set by the 2017 order that authorized ATSC 3.0 broadcasts. The draft item is seen as broad and isn’t expected to feature many tentative conclusions, industry officials said. The FNPRM seeks comment on the state of the NextGenTV transition and on the scheduled sunsets of two rules adopted in that order, an FCC spokesperson told us. The 2017 3.0 order included sunsets on both the substantially similar requirement and on the requirement that broadcasters use the A/322 standard on physical-layer protocol for 3.0 transmissions. The 2017 order said the agency would monitor the 3.0 transition and a year before the sunsets were to expire would seek comment on whether marketplace conditions warranted an extension, the spokesperson said. Chairwoman Jessica Rosenworcel told the NAB Show in April that she sees the current framework of 3.0 as the correct one right now, and she and Media Bureau Chief Holly Saurer mentioned concerns about the standard’s lack of backward compatibility (see 2204250067). Pearl TV and other broadcast organizations have argued that allowing the sunset to occur won’t lead to viewers being disenfranchised because of market forces -- adoption of 3.0-ready devices isn't yet widespread and stations need viewers to sell ads.

Low-power FM broadcaster Marion Education Exchange has 20 days to respond to Enforcement Bureau information requests and file a notice of appearance in its hearing proceeding or lose its license, said an order from Administrative Law Judge Jane Halprin posted Tuesday in docket 22-76. The hearing proceeding stems from allegations that the Marion, Ohio, broadcaster has repeatedly failed to respond to FCC inquiries and gave the agency false information about the make-up of its board. MEE’s attorney, George Wolfe, withdrew as Marion’s counsel after the broadcaster ceased communicating with him, the order said. “MEE’s failure to respond in any way to any discovery deadlines in this proceeding and its apparent lack of communication with its attorney of record are not the actions of a party that genuinely intends to fulfill its burden of proof in this hearing,” the order said. If MEE doesn’t meet the ALJ’s requirements, the hearing proceeding will be dismissed, leading to the broadcaster’s license not being renewed, the order said.

The FCC Media Bureau is seeking comment on Maine Public Broadcasting’s request to change WMEB-TV Orono, Maine, from Channel 9 to 22, said an NPRM posted Wednesday in docket 22-215. Comments will be due 30 days after Federal Register publication, replies 45.

Scripps Broadcasting’s change of KBZK Bozeman, Montana’s channel from 13 to 27 is effective as of Tuesday, said that day’s Federal Register.

Broadcaster Arm & Rage wants Administrative Law Judge Jane Halprin to limit the Enforcement Bureau from requesting documents related to fraud and tax evasion charges against Joseph Armstrong and to issue an order clarifying that past allegations of fraud against him are irrelevant (see 2205190050, said a motion in limine and a response to a motion to compel posted Tuesday in docket 22-122. Armstrong was convicted of making a false statement on a 2008 tax form, but acquitted of fraud and tax evasion, the filings said. Armstrong’s conviction followed his selling of cigarette tax stamps for a profit after changes in the tax rates that he voted for as a Tennessee legislator, but that sale was legal, the filings said. “There is no allegation that Mr. Armstrong made that false statement to defraud the government or otherwise avoid paying his taxes. He has been exonerated of that allegation, and that is more than enough to deem it irrelevant under Commission policy here,” said the motion in limine. The Enforcement Bureau has said in previous filings that it doesn’t intend to seek discovery related to the charges Armstrong was acquitted of, but has repeatedly referred to fraud in its filings, Arm & Rage said. “This proceeding has repeatedly referenced fraud even though, under Commission policy, suggestions of fraud are irrelevant and inappropriate. A&R respectfully requests that the Presiding Judge stop those references before they go any further. “

The FCC Media Bureau denied NAB and NPR’s request for an extension of filing deadlines for comments on GeoBroadcast Solutions’ tests of geotargeted radio tech, said an order posted Tuesday in docket 20-401. NPR and NAB “have not shown good cause” for the extension (see 2205180048), said the order. “We agree with GeoBroadcast that the public interest will be best served by expeditious review of the GeoBroadcast test reports and other material in the record,” the order said. NAB Chief Legal Officer Rick Kaplan called the denial “surprising and disappointing,” in a release Tuesday. The FCC “has provided numerous extensions to GBS totaling over two years in length,” said NAB. “We are not aware of a situation where the FCC has denied such a reasonable request, especially in a technical proceeding where documents were not readily available for examination.” “It is the Commission’s general policy that requests for extension of time will not be routinely granted,” the bureau said. The agency shouldn’t “rush to judgment” on the geotargeted radio FM booster proposal, NAB said.

Birach Broadcasting faces a $17,500 penalty for unauthorized silences and filing violations at KTUV(AM) Little Rock and its FM translator K260DT Little Rock, said a Media Bureau order listed in Monday’s Daily Digest. Birach requested special temporary authority for the stations to remain silent only after complaints were filed with the agency, and KTUV’s online public files weren’t properly maintained, the order said. Birach also certified in a renewal application filed before the stations went silent that they were still broadcasting. Since the application was pending when the stations went dark, Birach was obligated to inform the agency, the order said.

NAB and NPR’s request for an extension of deadlines to file comments on geotargeted radio tests uses “fuzzy” math, said GeoBroadcast Solutions in an opposition filing posted Friday in docket 20-401. A report on the test of the technology at KSJO(FM) San Jose will have been in the docket for 262 days when comments are due June 6, and the report for WRBJ-FM Brandon, Mississippi, will have been in for 68 days, said GBS. “There is thus no reason why Movants cannot produce responses during the generous timeframe the Commission granted,” GBS said. “This proceeding does not propose any requirements; it involves an entirely voluntary technology.” NPR and NAB “failed to demonstrate that the Commission should deviate from its standard procedure of not permitting extensions of time.”

FCC Administrative Law Judge Jane Halprin should reject the American Militia Association’s motion to intervene in a hearing proceeding for a Pennsylvania radio station owned by Roger Wahl, said the Enforcement Bureau in an opposition filing posted Friday in docket 21-401. AMA CEO Robert Kluver sought to intervene because he owns radio stations that compete with WQZS(FM) Meyersdale and disputed filings in the case saying Wahl’s is the only station in the market (see 2205170080). The EB called that information “thought-provoking” but said AMA should be denied because the request is late-filed, and Kluver appears to have no personal knowledge of the issues in the case. “It appears that Mr. Kluver’s knowledge related to this proceeding emanates from documents submitted to the Media Bureau, Mr. Wahl’s responses to the Enforcement Bureau’s discovery requests, and information reported in the media.” The bureau “intends to investigate the allegations Mr. Kluver makes in his motion” and could enlarge the case based on them, the filing said.