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 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.

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 unanimously approved a Further NPRM Tuesday seeking comment on all aspects of ATSC 3.0, including the possible sunset of the substantially similar requirement, and whether 3.0-essential patents are being licensed on fair, reasonable and nondiscriminatory terms. The NPRM also seeks comment on the availability of 3.0 devices to consumers. “While broadcasters have incentives to provide the programming their viewers want, after making significant investments in ATSC 3.0 technology they may also have incentives to favor their ATSC 3.0 offerings,” said the NPRM. As expected (see 2205310047), the item is broad and doesn’t appear to contain tentative conclusions but seeks comment on the proliferation of 3.0, MVPD carriage, whether the ATSC A/322 standard should be allowed to sunset, and whether broadcasters have begun offering the high-quality viewer experiences 3.0 was supposed to provide. “Without the substantially similar rule, how can the Commission ensure that 1.0 viewers are able to keep watching the same programming they watch today, as well as any new programming offerings on a broadcaster’s primary channel?” asks the NPRM. The item also seeks comment on how long the transition is expected to take, and asks about the availability of cheaper converters. “We are not aware of any low-cost set-top boxes or converters (e.g., external tuners or dongles), or any converter devices that can be purchased offline in a ‘brick and mortar’ location,” said the FNPRM. Comments will be due 30 days after it's published in the Federal Register.

Standard Media CEO Deb McDermott told Tegna employees the company doesn't plan to lay off journalists from Tegna stations after they're acquired by Standard, according to a Thursday email from McDermott to Tegna staff obtained by Communications Daily. Standard and McDermott “have never had the intention of reducing news or news staff at TEGNA stations,” the email said. Standard’s recent response to the FCC makes similar statements (see 2206140068) but also says in a footnote the company could seek to eliminate some corporate positions. “In light of Standard General’s focus on shifting more management authority and responsibility from TEGNA corporate headquarters to TEGNA’s local stations, staffing reductions at TEGNA corporate headquarters are expected,” the response said. McDermott’s email also touts the company’s record of increasing newsroom staff and investing in stations. “We expect to compete vigorously in all markets, which will require continued investment in local journalism and newsgathering operations,” the email said. If Standard truly plans not to reduce newsroom staff, it should consent to an FCC merger condition that says so and includes a monetary penalty for violations, said Jon Schleuss, president of the Newsguild sector of the Communications Workers of America, which represents journalists and has vocally opposed Standard/Tegna. The language in McDermott's letter focuses on the company's intentions rather than an outright statement that workers won't be laid off, he said in an interview.

FCC Administrative Law Judge Jane Halprin granted an extension of filing deadlines requested by the Enforcement Bureau in the hearing on broadcaster Arm & Rage until July 8, said an order posted in docket 22-122 Friday (see 2206060060). The EB requested the extension after Arm & Rage filed a motion seeking to include constitutional issues in the proceeding, arguing revocation of WJBE (AM) Powell, Tennessee’s license could violate the First Amendment or the Equal Protection Clause. The EB had requested an extension until July 16, while Arm & Rage pushed for less time, until June 29. “While Arm & Rage is correct that the Bureau isn't being asked to analyze these complex constitutional issues but merely to address whether they should be added to the case, that evaluation necessarily involves some research and thoughtful consideration,” the order said.