The FCC identified tentative selectees in 32 groups of mutually exclusive applications for noncommercial educational FM construction permits from the November 2021 NCE window, said an order Wednesday. The selectees include Christian Broadcasting’s application for Soldotna, Alaska; Priority Radio’s application for Cabot, Arkansas; and Ethree Group’s application for Key Colony Beach, Florida. The bureau made the choices using an analysis based on which applicant would cover the largest area and population, and favors applicants with fewer other radio authorizations, the PN said. Petitions to deny the applications of the selectees are due 30 days after the order.

Low-power TV broadcasters asked the FCC to relax rules for LPTV relocation, change the name of LPTV to “Local-power” and abandon plans to require translators to meet station identification requirements, said comments posted in docket 03-185 Tuesday. The LPTV Broadcasters Association said the term “low-power” is “a modern day social injustice” that stifles the service’s growth. “As we are living in the time where the term 'master bedroom' is deemed obsolete, so should the term ‘Low Power Television,’” said the filing. The Advanced Television Broadcasting Association said the agency should provide additional flexibility for stations to relocate and certainty they won’t be displaced. “The time is ripe to begin a conversation about how to provide greater certainty for LPTV operators and encourage fresh investment in the LPTV service,” said ATBA. The National Television Association opposes proposals to require translators to meet the station ID requirements that other services do. “18 years ago the Commission decided that digital translators would not be subject to a station identification requirement,” the filing said. That led to translators being constructed without that capability, NTA said. “With the proposed new requirement, translators must retrofit their transmitters, at the cost of many thousands of dollars.”

“There’s no point in relitigating this matter,” said a spokesperson for GeoBroadcast Solutions of a 2009 settled lawsuit against GBS founder Chris Devine over one of his previous broadcast businesses (see 2209230070). The legal dispute, which is listed as having been dismissed, but the plaintiff and NAB say was settled out of court, has been repeatedly raised by NAB in the geotargeted radio proceeding (see 2210210050). The matter was “long ago resolved” and the “conclusion of the litigation speaks for itself,” the spokesperson said.

A GeoBroadcast Solutions letter in September dismissing allegations against GBS founder-CEO Chris Devine was “blatantly inaccurate," said an ex parte letter posted Friday by Luke Allen, who sued Devine in 2009 over $70 million transferred by Allen’s father, Robert Allen, to a company run by Devine. Luke Allen’s letter was being circulated in a press email Friday from NAB, a vocal opponent of the geotargeted radio proposal supported by GBS (see 2209230070). Though the September letter from GBS in docket 20-401 (see 2209270064) argued the case was “baseless” and was withdrawn by the plaintiff, Luke Allen said the case was resolved through a settlement agreement. Allen’s father was “in declining health and suffering from diminished mental capacity” when Devine convinced him to make a series of loans to Superior Broadcasting, of which Devine was president, so Superior could buy radio stations. “Contrary to what Devine told my father, Superior never purchased or owned a single radio station,” Friday’s letter said. The money was instead diverted to Devine’s own radio and marathon-running businesses, Allen said. “In reality, Superior was nothing more than a shell company. It owned no assets and had no collections or operating revenue,” the letter said. “I would urge the FCC to fully research and independently verify any assertions or representations made by Devine or his company before approving any proposal in this proceeding,” Allen said. GBS didn’t comment.

As the broadcast industry moves toward widespread ATSC 3.0 deployment, broadcasters need to ensure consumers unable to afford new TV sets aren't left behind, FCC Commissioner Geoffrey Starks said Wednesday at the University of Pennsylvania Center for Technology, Innovation and Competition, per prepared remarks. "Are there low-cost converters or dongles that the consumer electronics industry can develop? Can they be distributed at community events that broadcasters frequently host or participate in?" he asked. The transition has gone on without the widespread government involvement that characterized the digital transition, "which is to be applauded," Starks said, but there might be a role for the FCC as it had in developing a congressionally mandated digital transition equipment subsidy program "or using our role as the regulator of television equipment." He said the collection of data about individual viewers that ATSC 3.0 would enable, while it's promising in the way it would better help broadcasters compete for advertising dollars, also raises privacy concerns. He said more clarity is needed about what data broadcasters plan to collect and how they will use it. Broadcasters just want "a level playing field" and privacy rules no different from other industries, said Pearl TV Managing Director Anne Schelle during a panel at the NAB Show in New York. ATSC 3.0 broadcasters will use tracking data to provide public services such as enhanced emergency information, said E.W. Scripps Vice President-Strategy and Business Development Kerry Oslund. "Some people who talk about that same data may also think about it from an advertising perspective," Oslund said. Scripps is built on "140 years of trust, and we're not going to throw it away by abusing that trust by reaching too far into the data quagmire," Oslund said.

Pearl TV developed the FastTrack program to accelerate development and retail availability of low-cost upgrade accessory receivers for NextGen TV, it said at NAB Show New York Tuesday. The goal is to create a “diverse market of accessories” that will help bring NextGen TV features to 91% of households, Pearl TV said. Noting the ATSC standard “is not backward compatible,” Pearl TV Managing Director Anne Schelle said, “This program helps solve that." The streamlined process enabled by the FastTrack program will allow for lower accessory price points, “making it more affordable and easier" for consumers to experience NextGen TV "even without an enabled television,” Schelle said. Some viewers with TVs bought before 2020 “have yet to enjoy the rich features of the standard,” said Rob Folliard, senior vice president-government relations and distribution, Grey Television. "Device makers can now address this issue with full support and guidance to manufacture and market compatible products that consumers need and want to enjoy over-the-air television service for free,” Folliard said. The program supports manufacturers interested in making devices that support the full NextGen TV feature set, including enhanced video, audio and interactive features, Pearl said. Device requirements will be updated continuously to help manufacturers as NextGen TV evolves, it said. NextGen TV is broadcasting in more than 50 markets, reaching 55% of U.S. households. It's expected to reach 75% of households by the end of 2023; by 2024, Pearl expects over 75% of all TVs sold to be dual HDTV/NextGen TV models. Having an affordable alternative to buying a new NextGen TV receiver without a built-in display "is essential to meet the portion of the potential viewing audience that does not have television sets that support the standard," Pearl said.

Geotargeted radio runs the risk of "upend[ing] the FCC’s broadcast licensing regime, impose[ing] additional costs on broadcasters, harm[ing] local media, and undermine[ing] efforts to support an informed public connected to their community," Democratic Sens. Richard Blumenthal of Connecticut and Ben Cardin of Maryland wrote FCC Chairwoman Jessica Rosenworcel Monday. They said smaller broadcasters would bear a particular financial burden as advertisers encourage them to adopt such technologies, "shifting scarce funds away from newsrooms and community resources." They said a result of geotargeted radio might be some neighborhoods not receiving ads for employment, educational and economic opportunities. The agency didn't comment.

A news release condemning attacks on the Standard/Tegna deal as racist was issued by Standard General (see 2210170051).

Comments are due Dec. 8, replies Dec. 23, on Western Radio Group's petition seeking the allotment of FM Channel 272A in Dennison, Ohio, as the community's first local service, said an FCC Media Bureau public notice in Monday's Daily Digest.

Standard General founder Soo Kim said filings from the Communications Workers of America’s NewsGuild sector’s attorneys David Goodfriend and Andrew Schwartzman and CEO Jon Schleuss opposing the Standard/Tegna deal were "sexist and racially charged ad hominem attacks.” A Standard General news release Monday highlighted statements in NewsGuild filings warning of “anonymous foreign investment” in newsrooms and questioning whether the deal increases ownership diversity since Kim “is not barred by his race from becoming a successful entrepreneur” and Standard CEO Deb McDermott “is not barred by her gender to be selected to run a large corporation.” “To be clear, I am ethnically Korean. And I am a proud American citizen,” said Kim in the release. “These three men are attempting to define what constitutes a minority or what is the right kind of diversity -- this is offensive and inappropriate.” It's “beyond the pale for Schleuss, Goodfriend, and Schwartzman to use my ethnicity to postulate theories of my being an agent of foreign ownership,” Kim said, noting he already owns multiple radio and TV stations. “Whatever we have to say will be in what we file with the Commission,” emailed Schwartzman, who's also senior counselor at the Benton Institute for Broadband & Society, when asked for comment. Standard is “confident” the deal complies with all regulations, the release said. “We have submitted 3 million documents and over 12 million pages of records and have nothing but respect for the regulatory process,” the release said. “We are confident that the public statements from these three men will be seen for what they are -- sentiments that have no place in America today.”