Monty Tayloe

FCC Chairwoman Jessica Rosenworcel circulated two NPRMs on the 10th floor that would seek comment on requiring MVPDs to refund subscribers affected by programming blackouts due to retransmission consent negotiations and report such blackouts to the FCC within 24 hours, said a news release Wednesday. MVPDs are likely to object to the proposals, which would likely increase pressure on them during retrans negotiations. “Enough with the blackouts,” said Rosenworcel in the release. “When consumers with traditional cable and satellite service turn on the screen, they should get what they pay for,” she said. “If the screen stays dark, they deserve a refund.”

Broadcasters and ATSC 3.0 advocates say they're sticking with the standard despite a series of recent blows, including consumer electronics manufacturer LG ceasing to make 3.0 TVs, the emergence of a competing technology endorsed by international standards bodies, and a grassroots campaign urging the FCC to block broadcasters from encrypting their signals. In an email to members last week, the Advanced Television Systems Committee said the standard was facing “growing pains.” The nation’s largest broadcaster, Nexstar, emailed us Friday that it's “committed to transitioning to ATSC 3.0.” Broadcasters “are already too far down the road” to turn back now, said Joshua Weiss, CEO of broadcaster and 3.0 datacasting company Ark Multicast.

New FCC Commissioner Anna Gomez’s acting chief of staff Deena Shetler spoke at a National Association of Black Owned Broadcasters panel with other 10th-floor aides Thursday, one of the first public appearances for Gomez’s new team. The panel, which included Chairwoman Jessica Rosenworcel’s Media Adviser David Strickland, also discussed media ownership, virtual MVPDs and advertising diversity. “We’re drinking from a firehose right now,” said Shetler, who has had the job just over a week.

The nationwide tests of the wireless emergency alert and broadcast emergency alert system appeared to go relatively smoothly Wednesday, according to early reports and interviews with public safety officials. Though Federal Emergency Management Agency and FCC officials and the agencies’ press materials said Tuesday that both tests were taking place at 2:20 p.m. EDT, the WEA appeared to go out at 2:18 EDT, which was the time listed on the August FCC public notice announcing the tests.

The U.S. Court of Appeals for the D.C. Circuit show cause order Thursday giving the FCC 90 days to complete its 2018 quadrennial review was characterized Friday by NAB as a “big win” in an email to members. But broadcast and public interest attorneys said the agency was likely already on a path to approve the QR in that timeline.

The aviation industry raised concerns about an NAB-supported FCC proposal to allow increased power for digital FM, in comments posted in docket 22-405 for Thursday’s deadline. Interference from FM digital broadcasting at the upper end of the 88-108 MHz band” could disrupt the operations of navigation and landing systems and “present a significant safety hazard," said the Air Line Pilots Association, International in comments echoed by the General Aviation Manufacturers Association (GAMA), the Aerospace Industries Association and others. GAMA is in talks with NAB about the matter, filings said. Though comments in the docket show wide support for the FCC proposals from broadcasters, NPR, Cumulus and REC Networks also raised concerns about interference and notifications.

The FCC voted Thursday to streamline satellite applications, provide spectrum for commercial space launches, limit robocaller access to phone numbers, and target a robocalling enterprise with a $116 million forfeiture. Commissioner-designate Anna Gomez didn’t attend the agency's open meeting, which is expected to be the last one with FCC’s current 2-2 makeup. FCC Chairwoman Jessica Rosenworcel declined to say what the agency’s path might be once she has a Democratic majority, “We had four members of the agency here today” and there will be “five in the not-too-distant future, so I would recommend you stay tuned,” Rosenworcel said during a news conference. The agency also approved an order updating the 5G Fund for Rural America (see 2309210035).

Nexstar and DirecTV signed a deal on retransmission rights for 176 Nexstar stations, ending a 76-day blackout for those stations but leaving behind an open FCC complaint, an ongoing antirust court battle and a continuing blackout for 27 other stations owned by Mission Broadcasting and White Knight Broadcasting but operated by Nexstar through shared service agreements. DirecTV and Nexstar announced “a comprehensive new multi-year distribution agreement” in a joint release Monday, a day after announcing the return of Nexstar’s programming to DirecTV, DirecTV Stream and U-Verse. Terms of the agreements weren't disclosed.

The FCC has approved a draft order on updating broadcast television rules to reflect the digital transition and post-incentive auction repacking 4-0, according to FCC officials. The item had been set for the September open meeting, but was approved early. FCC Commissioner-designate Anna Gomez didn't vote on the item, FCC officials told us. The agency didn't comment on whether Gomez has been sworn in or taken office. The final order is said to be largely unchanged from the draft version announced earlier this month, and docket 22-227 shows that the item hasn’t drawn any lobbying activity since it was unveiled. The rule changes in the order “are mostly non-substantive and do not materially change the regulatory obligations of full power and Class A stations,” said Wilkinson Barker broadcast attorney David Oxenford in a blog post.

Low-power broadcasters WWOO-LD Boston and XGen Network demonstrated an alternative to ATSC 3.0 in a livestream Wednesday by using 5G broadcast technology to send a television signal to a cellphone, airing a news broadcast and an emergency alert. WWOO is the only station broadcasting 5G in the U.S., and does so under an FCC experimental license. Though the tech is far behind ATSC 3.0 in implementation, it has been accepted by international cellular standards-making body 3rd Generation Partnership Project (3GPP) and is expected to be receivable in next-generation mobile devices without additional hardware -- unlike 3.0, say 5G broadcast advocates. 3.0 “is a much more robust program right now,” but “we can get into cellphones,” said XGen CEO Frank Copsidas, who also heads the LPTV Broadcasters Association.