Monty Tayloe

Among the first broadcasting matters likely to be taken up by a full five-person FCC are the 2018 Quadrennial Review and the proposed Equal Employment Opportunity data collection, said broadcasters, public interest advocates and FCC officials in interviews this week. Both items have been long stalled at the agency and are considered nearly ready to be rolled out, industry and FCC officials told us. Such a 2018 quadrennial order likely wouldn’t include substantive rule changes, broadcast industry officials said. “I don’t have any great hopes of any massive deregulation,” said Gray Television Senior Vice President-Government Relations and Distribution Rob Folliard. The FCC didn't comment on the specifics of what Chairwoman Jessica Rosenworcel has planned for broadcasting once she has an FCC majority, but an agency spokesperson said the Chairwoman "will continue to prioritize protecting consumers and preserving competition, localism and diversity.”

FCC Administrative Law Judge Jane Halprin terminated the Standard/Tegna hearing proceeding, said an order Thursday in docket 22-162. Tegna and Cox Media Group withdrew from the proceeding last week, and Tegna filed the formal withdrawal of its transfer applications Wednesday. Standard said it's ready to continue litigating the matter. “It is not in the public interest to expend the time and resources to continue this hearing as an academic exercise,” wrote Halprin. The proceeding "is therefore terminated,” said the order.

Broadcasters seeking an AM radio requirement for cars are counting on bipartisan support and public safety concerns to carry the day, but opponents argue Ford’s recent reversal (see 2305230047) shows legislation to mandate the technology like the AM Radio for Every Vehicle Act (HR-3413/S-1669) isn't needed. It would direct the National Highway Traffic Safety Administration to issue a rule mandating AM radio access in new vehicles. House Communications Subcommittee Chairman Bob Latta, R-Ohio, is withholding deciding on whether such legislation is needed pending the outcome of a planned early June hearing on the issue.

“Nobody really knows what the FCC was thinking,” said Tegna CEO Dave Lougee Thursday on the company’s first earnings call since it agreed in 2021 to be bought by Standard General. Standard hasn’t responded to requests for comment on the deal’s termination, but it told the FCC in a Wednesday status filing it's ready to continue with the hearing process even without a deal at stake. “Standard General remains prepared to vindicate its rights as necessary, including through participation in the hearing and attendant discovery process.” The FCC, other parties in the case and the administrative law judge are more likely to view the matter as moot, said broadcast attorneys, who don’t expect the hearing to move forward. Tegna and Cox Media Group told the FCC Thursday that they wouldn't participate further in the hearing.

Ford Motor announced the company won’t remove AM radio from its cars in the U.S. after getting pushback from lawmakers and broadcasters. “After speaking with policy leaders about the importance of AM broadcast radio as a part of the emergency alert system, we’ve decided to include it” in all 2024 Ford and Lincoln models, Ford CEO Jim Farley tweeted Tuesday. “In light of Ford’s announcement, NAB urges other automakers who have removed AM radio from their vehicles to follow Ford’s lead and restore this technology in the interest of listeners and public safety,” said NAB CEO Curtis LeGeyt. Carmakers such as BMW and Tesla said AM won’t be in some models. “Broadcasters will continue to support this major legislation to ensure consumer access to AM radio in all vehicles," NAB said.

Many low-power TV broadcasters want the FCC to consider alternatives to Nielsen for determining broadcaster markets, and nearly every commenter objects to an agency proposal to base a station’s ability to maintain Class A status on its market not growing to over 95,000 households, according to numerous filings -- many nearly identical -- on FCC’s proposals for implementation of the Low Power Protection Act in docket 23-126. NAB joined the objections to the Class A language but said changing the designated market area (DMA) system could disrupt the ATSC 3.0 transition. “Expanding DMA definitions in this manner could have ramifications concerning network and syndicated programming exclusivity and cable carriage, and could inadvertently hinder the transition to ATSC 3.0 in nearby larger markets,” NAB said.

Standard General provided additional information to the FCC about the promises it made for the deal for Tegna and on its offer to eventually buy Apollo Global Management’s shares in new Tegna, it said in a news release Wednesday. “We are continuing to work hard to ensure the FCC has all of the information they need to allow a vote on our deal with TEGNA,” said Standard General Founding Partner Soohyung Kim.

The ATSC 3.0-focused public-private partnership announced by FCC Chairwoman Jessica Rosenworcel will likely hold its first meetings in mid to late June, said ATSC President Madeleine Noland at a Media Institute Luncheon Tuesday (see 2304170056). NAB expects similar timing, a spokesperson told us. The Future of TV Initiative will consider possible solutions for ATSC 3.0 backward compatibility and what the eventual sunset of ATSC 1.0 will look like, Noland said. “A renewed focus by the FCC is very good news,” Noland said. “We need to chart a path forward together.”

Standard General, Tegna and many advocates for their deal, including former FCC Commissioner Mignon Clyburn and former FTC Commissioner Jon Leibowitz, on Wednesday again asked for an FCC vote on the matter in what the Enforcement Bureau called “highly unusual” ex parte meetings with Commissioners Nathan Simington and Brendan Carr, according to filings posted in docket 22-162 Friday. The EB, unions and public interest groups opposing the deal also attended the meetings. It's “unprecedented for parties to an on-going administrative hearing before the ALJ to request, let alone receive, a meeting with the FCC’s Commissioners concerning the issues designated for hearing,” said the Enforcement Bureau’s ex parte filing.

A draft NPRM on FCC regulatory fees circulated on the 10th floor uses a revamped methodology for assessing which full-time equivalents are connected with which bureaus, leading to proposed lower fees for Media Bureau regulatees such as broadcasters, and higher fees for Wireless and Wireline bureau industries, said FCC and industry officials. The rulemaking notice appears headed for unanimous approval soon, FCC and industry officials told us.