Monty Tayloe

Broadcasters expect a draft order that updates the foreign-sponsored content rules to contain language requiring entities buying political issue ads to certify that they aren’t foreign agents (see 2403210071). However, the final version of the order remains in flux, an FCC official told us.

Mission Broadcasting is withdrawing from its proposed $75 million purchase of WADL Mount Clemens, Michigan, according to documents obtained Wednesday by Communications Daily. The FCC approved the sale in April but with a host of conditions that would essentially prevent Nexstar from operating the station through a local marketing agreement, as had been planned. The FCC order “constitutes a law that prohibits the consummation of the transactions contemplated by the purchase agreement,” Mission said in a letter to WADL owner Adell Broadcasting. The order conditionally granting the sale said that if Mission didn’t accept the conditions, the matter would be designated for hearing. The transaction won’t be consummated, “thus obviating any basis for a hearing,” Mission told the FCC in a rejection of grant filing Wednesday. Broadcast attorneys have told us that they expect that the dissolution of the deal would lead to the FCC not moving forward with the hearing, but it’s not certain how the agency will proceed. Last year, a hearing on the Standard General/Tegna deal was terminated on the deal’s breakup. Attorneys have said that a hearing proceeding could be a threat to the licenses held by Mission and Nexstar. Adell Broadcasting CEO Kevin Adell told us he believes a hearing would have been a “dumb risk” for Mission and Nexstar and said he isn’t bothered by the deal’s dissolution. “It doesn’t matter to Kevin Adell,” he said. Adell said Nexstar still needs to find a home for the CW network in the Detroit market by the end of August, and that he believes his company could reach a deal with Nexstar to carry the network through a local marketing agreement. Adell had previously threatened to pursue legal action against Mission if the deal weren't consummated. He didn't comment Wednesday on whether he was still planning to pursue the matter in court. Nexstar and Mission didn’t immediately comment.

NAB, NPR and other opponents of the FCC’s authorization of geotargeted radio used Thursday’s comments deadline to take additional shots at the technology, while proponent GeoBroadcast Solutions said the agency should “keep an open mind.” Two broadcast entities, Press Communications and REC Networks, have called for reconsideration of the agency’s order allowing content origination on FM booster stations. Geotargeted radio will “erode public confidence in FM radio broadcasting” and harm stations “baited into employing the technology,” NAB said in docket 20-401.

All three 11th U.S. Circuit Court of Appeals judges hearing oral argument Wednesday on Gray Television’s appeal of a $518,000 FCC forfeiture order seemed skeptical of the agency’s rationale for the penalty amount but split on Gray’s arguments against the FCC’s authority over deals for TV station network affiliation.

Broadband providers, broadcasters, satellite companies and the FirstNet Authority urged the FCC not to expand outage reporting requirements. Meanwhile, groups such as Public Knowledge, Next Century Cities and The Utility Reform Network (TURN) said increased reporting rules are a matter of public safety. Comments were filed in docket 21-346 by Monday’s deadline.

Sinclair CEO Chris Ripley signaled that his company is open to selling “assets” amid rumors that it's eyeing divesting 60 stations. Meanwhile, Nexstar CEO Perry Sook said broadcasters can’t have confidence about transactions in the current regulatory environment. The CEOs spoke during their respective Q1 earnings calls last week. Ripley, Sook and executives from Gray and E.W. Scripps also discussed progress on ATSC 3.0, a backloaded political advertising market, and streaming during earnings calls.

Republican lawmakers blasted NPR CEO Katherine Maher during a House Commerce Oversight Subcommittee hearing Wednesday and suggested that Congress should conduct more regular oversight of NPR and CPB or defund them (see 2405070044).

Adell Broadcasting will bring legal action against Nexstar and Mission Broadcasting if Mission doesn’t accept the FCC’s conditions for approving Mission’s proposed $75 million buy of Adell’s WADL Mount Clemens, Michigan (see 2404240070), Adell CEO Kevin Adell told us in an interview Tuesday.

The FCC should reign in its Enforcement Bureau to avoid conflicts with recent and expected U.S. Supreme Court decisions, though the current bureau doesn’t “overreach” as frequently as it did under former Chairman Tom Wheeler, FCC Commissioner Brendan Carr said Thursday during a Wiley panel discussion called “Opportunities to Reform FCC Enforcement." Carr told us, “The jury is still out” on whether the EB under FCC Chairwoman Jessica Rosenworcel needs reform, he said in an interview after the panel discussion: “We’re not off the rails the way the agency was during the Wheeler tenure."

Catholic broadcasters and groups filed two petitions for reconsideration against the FCC’s equal employment opportunity order in part because it updates Form 395-B to account for nonbinary employees.