FCC Commissioner Brendan Carr said Thursday that his objection to granting broadcaster Audacy a temporary exception to the FCC’s foreign-ownership requirements in connection with a bankruptcy restructuring involving a George Soros-affiliated fund (see 2409250051) doesn’t conflict with denunciations he's made in the past against involving partisan politics in FCC decisions. “My position is straightforward in all of those cases, which is that we should apply the law in the books consistent with the First Amendment,” Carr told reporters following the commissioners' open meeting. The Media Bureau granted similar exceptions to Cumulus, iHeart, Alpha and other broadcasters under multiple administrations during Carr's tenure as a commissioner, though he did not raise objections. Carr said Thursday he was unaware of those grants at the time. “This is the first time that this issue has been raised to my attention,” he said, adding that bureau-level decisions aren’t precedent for the commission. “As a commissioner, for better or worse, there are a lot of things that the bureaus do that, as commissioner -- particularly a non-chair commissioner -- that you're not read in on.” Carr also defended his repeated statements that the Audacy matter is unprecedented, pointing out that this is the first time the full commission has voted on such a petition. Initially, the Audacy item was set as a bureau-level decision but was circulated to the full commission after pressure from Sen. Ted Cruz, R-Texas (see 2408150047). Carr said that he doesn’t object to Cruz forcing the matter before the full FCC and that the senator's action reflects lawmakers' concerns about big decisions getting made at the bureau level, such as the designation of the Standard General/Tegna deal for hearing. “I think what Senator Cruz was saying, [is that] this is the type of decision that the people that sit on this dais, who are appointed by the president and confirmed by the Senate should make,” Carr said. Audacy and Chairwoman Jessica Rosenworcel’s office didn’t comment on Carr’s remarks.

The FCC unanimously approved an order streamlining the process for letting digital FM stations transmit at different power levels on the upper and lower digital sidebands. “This asymmetric sideband operation will allow stations to operate with different power levels on the upper and lower digital sidebands, as a way to facilitate greater digital FM radio coverage without interfering with adjacent-channel FM stations,” the order said. The item stems from a NAB and Xperi petition (see 2308010060). It doesn't take up related proposals to increase power levels for such stations, citing unresolved interference concerns the aviation industry raised. The item had been set for Thursday’s agenda.

Dish Network and its CEO Charles Ergen want Standard General (SGCI) and its attorneys to be sanctioned over the broadcaster’s lawsuit against Dish, Byron Allen, the FCC and several unions and public interest groups (see 2409100008), said a motion for sanctions Tuesday. The Standard filing is “frivolous,” violates federal rules of civil procedure and infringes on Dish’s First Amendment rights, the filing said. Dish wants the court to sanction SGCI and its attorneys to cover all of Dish’s expenses from the case and dismiss the complaint. “Frustrated that SGCI’s transaction financing expired and the merger agreement terminated, Plaintiffs have concocted a false narrative that the FCC’s actions must have been caused by a vast racist conspiracy against Mr. Kim,” said the Dish filing, referring to Standard founder Soohyung Kim. The Standard complaint doesn’t show any evidence of a conspiracy but rather disparate parties that disliked the Standard/Tegna deal for different reasons, Dish said. “There is absolutely nothing actionable about a desire to see a deal fail, especially a deal that was artificially engineered to raise DISH’s costs,” Dish said. Standard’s conspiracy claims “rest on the mere fact” that attorney David Goodfriend, who represented unions against the Standard deal, has also worked for Ergen and Allen, Dish said. “This ‘conspiracy’ theory offends the First Amendment’s right to association,” Dish said. “This action was commenced in retaliation, as a rich man’s manifestation of a temper tantrum, in order to harass the parties that Plaintiffs hold responsible for the failure of their merger deal.” Standard didn't comment.

Reply comments in the AI political ads proceeding are due Oct.11 (see 2409200054).

Oral argument in Radio Communications Corporation’s challenge of the FCC’s implementation of the Low Power Protection Act (see 2407050020) will take place Nov. 18, said an order Thursday from the U.S. Court of Appeals for the D.C. Circuit.

The FCC shouldn’t “shift the long-standing understanding of localism” in its proceeding on prioritizing locally originated programming (see 2403120071), said America’s Public Television Stations and PBS in a teleconference meeting Tuesday with Media Bureau Chief Holly Saurer and an aide to Chairwoman Jessica Rosenworcel, according to an ex parte filing in docket 24-14. Public TV programming is local because it's issue-responsive, the filing said. “The definitions established in this rulemaking could have implications for what is considered ‘local’ broadcast programming in future regulations,” said the public TV groups. The FCC should adopt a “qualified” noncommercial educational broadcast station definition that would allow NCE applications to be prioritized without meeting the agency’s proposed requirements that programming be originated locally. The public TV groups also said the FCC shouldn’t expand rules governing TV translators. Rather than requiring translators to designate communities of license, the agency should “grandfather in existing COLs for public television translators until the station requests to change their community of license.” Doing otherwise could “create a burdensome engineering and administrative scramble for some public television stations,” the public TV groups said.

The FCC’s 2018 quadrennial review order “reasonably” found that competition hasn’t diminished the need for the agency’s broadcast ownership rules. Moreover, the agency was within its authority to expand rules limiting broadcasters from owning multiple top-four network affiliates, the FCC said in a respondent's brief filed in the 8th U.S. Circuit Court of Appeals. The agency was responding to challenges of the QR order that multiple broadcasters brought (see 2407160069). Though filed Friday, the brief wasn’t public until Monday. “The record showed that despite the proliferation of non-broadcast sources of audio and video programming, broadcast radio and television remain virtually the only providers of local programming,” the FCC said. Broadcasters “provide the lion’s share of the local news and community-oriented programming that is essential to achieving the FCC’s goals of promoting localism and viewpoint diversity,” therefore justifying the retention of limits on local radio and TV ownership, the agency said. The FCC dismissed broadcaster arguments that its approach means broadcasters could never obtain relief from agency ownership restrictions even if the industry were on the brink of death. “This doomsday scenario is purely hypothetical,” the FCC said. “Neither broadcast radio nor broadcast television is currently in such dire straits.” In future Quadrennial Review proceedings, “if non-broadcast providers of audio and video services start offering more of their own local news and community-oriented programs in competition with the local programming of broadcast stations,” the FCC could revise its market definitions, the filing said. The agency expanded the top-four prohibition to include multicast channels and low-power stations to prevent broadcasters from exploiting workarounds to limits on owning multiple top-four stations in the same market, the brief said. MVPDs “have first-hand experience of the harm caused by certain broadcasters’ end-runs around the rule,” said NCTA and the Advanced Television Broadcasting Alliance in an intervenor brief supporting the FCC position. “Those end-runs cause the same public interest harms that the Top-Four Prohibition was meant to prevent and should therefore be prohibited for the same reasons.” The court should reject broadcaster arguments that the expansion of the top-four rules regulates content and violates the First Amendment, the FCC said. The rule change “targets transactions involving network affiliations that may be used to evade the local television rule, and it applies regardless of the content of programming.”

The Media and Democracy Project petition against Fox’s station WTXF-TV Philadelphia isn’t “remotely similar to the occasional complaints by politicians about the political slant of a particular network or channel,” said former telecom lobbyist Preston Padden in an informal filing Tuesday responding to a recent statement from FCC Commissioner Nathan Simington (see 2409130062). “There is nothing political about the MAD Petition,” Padden said, adding that Simington was "mistaken" when he implied MAD's challenge of WTXF-TV’s license renewal wasn’t in line with the First Amendment. The petition “is not about speech,” Padden said. “It is about Fox’s conduct -- its business decision -- to knowingly and repeatedly choose to present false news, rather than the truth, in order to protect its profits.” Simington and Fox didn’t comment.

The same attorney can't represent multiple parties in the hearing proceeding on the TV and radio licenses of Antonio Guel and the Hispanic Christian Community Network, ruled FCC Administrative Law Judge Jane Halprin in an order posted Friday (see 2408280048). Broadcast attorney Dan Alpert’s “proposed simultaneous representation of all three deponents is fundamentally at odds with ‘the proper dispatch of business and the ends of justice,’” said the order. Alpert had sought to represent Guel, his daughter Maria Guel and niece Jennifer Juarez in the case but faced arguments from the FCC Enforcement Bureau that this would be a conflict of interest. The hearing proceeding is based in part on allegations that Antonio Guel pretended to sell his stations to Juarez while actually retaining control of them, and conflicting filings in the case show Maria Guel and Antonio Guel as heading up multiple companies involved in the matter. “With each filing in this proceeding, the control and operation of the Guel family’s broadcast licenses becomes less clear,” said the order. “It is therefore not only foreseeable but likely that there will be incongruity in the testimony of Mr. Guel, Ms. Juarez, and Ms. Guel.” Halprin’s ruling allows Alpert to continue representing Antonio Guel in the case, but bars him from representing Maria Guel or Juarez. The order gives Maria Gual and Juarez 45 days to obtain new counsel.

AM and FM broadcasters shouldn’t make FY 2024 regulatory fee payments into the FCC’s commission registration system (CORES) due to an issue with the way the system classifies stations, according to an FCC spokesperson and a disclaimer posted in CORES. “The FCC is continuing to do its due diligence to reevaluate the population count information for AM and FM broadcasters for FY 2024 regulatory fees,” the spokesperson said. “We expect to have this situation resolved early next week.” Regulatory fees are due Sept. 26.