A move by Nielsen to change the way it measures audience data in Los Angeles will “disproportionately exclude Hispanic-listener households” and is seemingly “discriminatory,” Spanish Broadcasting System said. Nielsen is removing some homes from its Los Angeles Portable People Meter panel to protect data integrity, a Nielsen spokesman emailed. “An internal review concluded that these homes did not meet our data quality and integrity standards.” The ratings sample for Los Angeles is still representative of the market, the spokesperson said. “The restated ratings and rankings reports are, in SBS’s view unreliable, and inaccurately suggest that Spanish-language stations have dropped from top 5 rankings to number 15 or lower,” SBS said. “This cannot stand.”
The FCC Media Bureau approved license transfer applications connected with Cumulus Media’s bankruptcy reorganization (see 1805020035), and rejected a petition to deny by creditor WGH, said an order issued Friday. The reorganization involves rejiggering Cumulus’ stock, and the transfer of control is between Cumulus’s current group of shareholders and its new, reorganized shareholders, the order said. WGH argued the reorg would lead to Cumulus being more than 25 percent foreign-owned, but the bureau said Cumulus created mechanisms that will prevent that from occurring, and such arguments will be properly addressed when Cumulus seeks a declaratory ruling to exceed the 25 percent threshold. The bureau said WGH doesn’t have standing to petition for denial of the transaction, so its argument was treated as an informal objection. To bring the transaction into compliance with local ownership rules, Cumulus will place into a divestiture trust radio stations in four markets where it exceeded the ownership limits -- the combinations previously were grandfathered, the order said. The transfer of control also means any Cumulus mutually exclusive FM translator application in recent translator auction 100 will be dismissed, the order said.
The FCC should use existing guidelines designed by PBS to help create the plan for dispersing repack reimbursement funds to low-power TV and translators, the public broadcast network said Tuesday in a meeting with Incentive Auction Task Force Chair Jean Kiddoo, Media Bureau Video Division Chief Barbara Kreisman and Media Bureau staff, recounted a filing in docket 16-306. The PBS guidelines were created to administer a grant pledged by T-Mobile to cover the repacking costs of TV translators and LPTV stations that carry PBS content (see 1706290066). “The costs for any given translator relocation project can vary significantly, from thousands of dollars to hundreds of thousands of dollars,” the network said. The FCC should accommodate those variations based on individual local circumstances, PBS said. The process should be “streamlined and simple as possible so that small stations with limited resources will be able to participate without undue difficulty,” PBS said.
Broadcaster arguments that calls for reformed EEO rules aren't relevant to the FCC proceeding on doing away with midterm EEO reports (see 1805160042) should be disregarded, said Common Cause, the Multicultural Media, Telecom and Internet Council, National Association of Black Owned Broadcasters, National Urban League, Public Knowledge, Rainbow PUSH Coalition, Women in Cable Telecommunications and others. Though much of the NPRM is focused on midterm EEO reports, it requests comment on the FCC’s “track record” on enforcement, they said, posted Wednesday in docket 18-23. The groups’ request for action against “cronyism” has been “fully briefed since 2004 and is ripe,” they said. The groups also disagreed with broadcaster contentions that requests for stronger EEO enforcement (see 1805010075) are unconstitutional and that word-of-mouth recruitment is discriminatory: “Outreach that is not broad can be conducted in a discriminatory way.”
The FCC Media Bureau is recommending an $18,000 fine for a Michigan radio station for operating not at its authorized power. In an order Wednesday, it said WBNZ(FM) Frankfort "willfully and repeatedly" operated outside what it was licensed for and willfully failed to file for special temporary authorization. The bureau also dismissed an objection to the station's 2012 license renewal application raised by Far Eastern Telecasters as unsupported and vague and said it will grant the renewal on the conclusion of the enforcement proceeding. WBNZ outside counsel didn't comment.
BBC will offer two live “cutting-edge” trials of next month's World Cup from Russia, one in Ultra HD with hybrid log-gamma HDR, the other in virtual reality, said the broadcaster Wednesday. The Ultra HD trial will stream all 29 of BBC One’s World Cup matches over the BBC iPlayer, it said. The trial will be available "to watch on a first-come, first-served basis,” it said. The trial will help the BBC “and wider industry prepare for a time when delivering such large-scale events in such high quality, for larger audiences, over the open Internet is normal,” it said. It recommends a connection of at least 40 Mbps to view the matches in 4K resolution. BBC "can only confirm that each game can support tens of thousands of people," emailed spokesman David Turnbull. "The combination of the BBC and the World Cup can drive massive audiences, and right now there is limited bandwidth available to deliver live Ultra HD content to such large audiences over the open Internet," he said. "We’re making our Ultra HD trial available to as many people as possible within those limitations, while testing our systems on the largest scale yet. The experience and data we gather from performing these trials will help us to optimise and scale up UHD delivery in the future." The VR trial will be viewable through a dedicated BBC app available for free soon on Apple, Android, Gear VR, Oculus Go and PlayStation VR devices, it said. The monthlong World Cup opens June 14.
President Donald Trump lashed out on Twitter Wednesday against Disney CEO Bob Iger for not calling him to “apologize” for what the president termed “HORRIBLE statements” against him on the Disney-owned ABC network’s shows, suggesting a double standard since Iger apologized to Valerie Jarrett, ex-aide to former President Barack Obama, after a racist tweet from comedian Roseanne Barr. ABC abruptly canceled Barr’s Roseanne sitcom Tuesday after Barr's tweet. White House Press Secretary Sarah Huckabee Sanders also noted ABC’s “double standard” during a Wednesday news conference. Trump did not state which ABC statements he was referring to. Trump tweeted earlier this year in support of Sinclair’s proposed purchase of Tribune and drew criticism last year for threatening the "license" of NBC and other broadcast networks (see 1710160011, 1710170022, 1804020056 and 1804030054).
Newsmax backed some TV station owners' request that the FCC increase the national cap to 50 percent from 39 percent while nixing the "outdated" UHF discount, though the media outlet "maintains its position that Congress clearly intended to prohibit a single broadcast television licensee from reaching more than 39 percent of the national audience." If the cap is lifted, the company wants ownership above 50 percent grandfathered only if it existed before an April 21, 2017, order restoring the UHF discount and station groups not to be allowed "to evade the National Ownership Cap through contractual services agreements with a television station to which the ownership group is not a licensee." A "reasonable" cap "is essential to ensuring localism," Newsmax said Tuesday in docket 17-318. "If station groups find localism too constraining on their business plans, they can simply relinquish their spectrum rights and offer their content on any number of new and unregulated platforms or they can become national cable channels and seek carriage without the benefit of retransmission consent rights." Newsmax continues (see 1805180074) to have concerns about Sinclair buying Tribune, though the news outlet's media ownership plan isn't targeting the acquirer, said John Simpson of Capitol Resources, a consultant to Newsmax and the person who made the FCC filing. But the deal may be the only pending transaction that would be affected by the cap, he told us Wednesday. "We should set a cap, everyone should abide by that cap, and we shouldn’t let certain folks, because of when their merger was announced … have an advantage over everyone else" because the deal "was announced when the national ownership cap was in limbo," said Simpson. "If it was anybody else, I think Newsmax would have the same position." Hearst Television and others operating 306 TV stations total sought the 50 percent cap, no UHF discount and grandfathering (see 1805170033). Hearst and Sinclair declined to comment Wednesday. Separately posted to docket 17-179 Wednesday, Sinclair responded to a May 21 letter from Media Bureau Chief Michelle Carey (see 1805220063). "The responses and supporting documents submitted this afternoon contain Highly Confidential Information and were submitted under seal pursuant to the Protective Order," said a cover letter of the public filing, which contained many redactions.
Spanish Broadcasting System isn't fighting shareholders asking the FCC to hold an SBS petition for declaratory ruling in abeyance. In the 2017 petition, SBS sought a ruling that it's within the 25 percent foreign ownership benchmark or that any temporary exceeding of the benchmark is in the public interest. The shareholders, in a letter earlier this month, said even if there were a foreign ownership issue with the company, it could be addressed through a petition for declaratory ruling. The broadcaster said in a filing posted Tuesday it disagrees with most of the shareholder assertions, but the investors will either accept the company's interpretations and the petition will be moot or they will sue and a court will decide whether the shareholders' attempted buys of Series B preferred stock were void.
The parent of CBS and Viacom struck back at the broadcaster, challenging in court the TV network's plan (see 1805180054) to, in the investor's words, "unilaterally dilute the voting rights of its controlling stockholder." The CBS board's plan is "unprecedented under Delaware law," violates the broadcaster's bylaws and charter, was based on the recommendation of a special committee with five directors "acting far beyond its authority" and breaks the board's fiduciary duties. So said National Amusements Inc. Tuesday in Delaware Chancery Court, which NAI said has jurisdiction over the dispute. The investor affiliated with Redstone family members like CBS Chairman Emeritus Sumner Redstone and current Vice Chair Shari Redstone said the TV company's contentions NAI wanted to "cram down a CBS/Viacom merger" is false. NAI's "reactive complaint" comes after CBS and its special committee detailed how "NAI misused its power to the detriment of CBS shareholders," the broadcaster said. "We continue to believe firmly in our position.”