Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations.
- Judicial appeals of the FCC’s Media Bureau approval of the transfer of control of TEGNA to Nexstar have been filed by representatives of conservative media outlets, public interest groups, multichannel video providers, and others. The appeals make arguments including that the full Commission, not the Media Bureau, should have made the decision, and questioning whether the Bureau (or the Commission) has the authority to waive the 39% audience cap, as the cap was set by Congress. Petitions to stay the effect of the FCC’s order have also been filed. Nexstar has opposed these motions. We wrote more about the significance of the Nexstar decision on our Broadcast Law Blog.
- Commissioner Gomez objected to the refusal of the Media Bureau to attach her dissent to its approval of Nexstar’s acquisition of TEGNA. A Commissioner would normally not dissent to a Media Bureau decision – Commissioners would weigh in when the Bureau decision is appealed to the full Commission. Gomez argues that her dissent should be considered now so it can be reviewed in any court challenge to the decision as the Commissioners may never get to vote on any appeal and that the Bureau decision in this case has the same practical effect as a full Commission decision.
- The FCC released two decisions as part of its Delete Delete Delete proceeding looking to abolish unnecessary rules and lighten the regulatory burden on broadcasters:
- The FCC released a Report and Order updating and clarifying several broadcast rules, including conforming rules to current licensing systems (including replacing outdated CDBS application form references with those currently used in LMS); eliminating outdated and obsolete requirements (including post-incentive auction digital transition notification requirements, deleting the rule requiring a 20% increase in AM station power for processing a power increase application, and the rule restricting Special Temporary Authorizations for technical and equipment problems to 90 days when other STAs can be granted for up to 180 days); modifying its application signatory rules to allow corporate directors and duly authorized employees of corporations, partnerships, unincorporated associations, or government entities to certify applications; and revising several broadcast rules for clarity (including clarifying when stations’ local public notice obligations are triggered for their applications). The rule changes will generally become effective 30 days after the item’s publication in the Federal Register.
- The FCC also released a Direct Final Rule in which it deleted several of its rules as being unnecessary, including rules for the TV broadcast spectrum reverse auction which ended in 2017. Comments responding to the Direct Final Rule are due 20 days after the item’s publication in the Federal Register. As we noted here, the Direct Final Rule process allows the FCC to delete a rule without prior public comment, but allows for a 10- to 20-day comment period after the item’s publication in the Federal Register. If substantive negative comments are filed against the deletions, the FCC will implement regular notice and comment procedures before the deletions take effect.
- The Media Bureau granted applications proposing the assignment of Allen Media’s TV stations in Lafayette, Indiana, Terre Haute, Indiana, and Tupelo, Mississippi to Gray Television, resulting in Gray owning its first full-power TV stations in each of those markets. Several cable and satellite associations and other groups filed objections against the applications. The Media Bureau rejected the arguments, finding that the applications complied with the FCC rules and that there were no public interest harms caused by granting the applications.
- FCC Chairman Carr responded to Senator Blumenthal’s (D-CT) letter requesting information on the FCC’s recent investigation and alleged threats against broadcasters regarding violations of the equal time rule for political candidates, including in connection with the appearance of Texas U.S. candidate James Talarico on the ABC’s “The View” and CBS’ decision to block the broadcast of Talarico’s interview on Stephen Colbert’s “The Late Show” (see our notes here and here). Carr stated that the FCC’s alleged threats against broadcast networks not to air the Talarico interviews were “based on news stories that have proven to be nothing more than a series of hoaxes,” and that the Senator’s “letter repeats the false claim that the FCC censored a recent interview that a late-night TV host wanted to conduct with a legally qualified candidate for political office.” Carr stated that TV stations are not prohibited from conducting interviews with political candidates in non-news programs but if they conduct interviews outside of exempt programs they must comply with the equal time rule.
- The Media Bureau and Office of Managing Director issued an Order to Pay or to Show Cause against the licensee of several current and former Texas FM stations and an LPTV station proposing to revoke its current station’s license unless, within 60 days, the licensee pays its delinquent regulatory fees and interest, administrative costs, and penalties, or shows that the debts are not owed or should be waived or deferred. The licensee has an unpaid regulatory fee debt totaling $18,499.29 for fiscal years 2024 and 2025 for both its currently and formerly licensed stations.
- The FCC’s Enforcement Bureau issued Notices of Violation against two broadcasters for violations of Commission rules on the lighting and marking of towers. The Bureau issued a Notice of Violation against a New Jersey AM station after an inspection revealed violations including its towers not being properly painted and their lighting was not operating properly, the station failed to renew its Notice to Airmen (NOTAM) of the tower lightning outage after the Notice had expired, vegetation around the towers precluded access to the base of the tower, and the station did not maintain operational Emergency Alert Service equipment. The Bureau also issued a Notice of Violation against a Texas broadcaster after an inspection of its tower revealed that the tower’s paint was not properly being maintained. The broadcasters must now explain to the Bureau how they will correct their rule violations and prevent future violations from occurring.
On our Broadcast Law Blog, we looked at upcoming regulatory dates and deadlines affecting broadcasters this April. Additionally, with April Fools’ Day right around the corner, we wrote about legal issues that can arise from on-air pranks under the FCC’s Hoax rule and even that suck pranks can give rise to civil liability.