The FCC unanimously ordered Cumulus to pay a $26,000 penalty for a late annual equal employment opportunity report, over the objections of the broadcaster and the NAB (see 2203300067), said a forfeiture order Tuesday. “Cumulus’s characterization of the requirement to upload an Annual Report to the station online public inspection file and website as a mere administrative task undermines the Commission’s goal of ensuring meaningful public input via public access to the Annual Report,” said the order. The third-largest U.S. radio group, Cumulus reported a Q3 net revenue of more than $200 million. Cumulus had argued that although the report was filed late, it was completed on time and the FCC should have merely admonished the radio broadcaster. The agency rejected that argument, and said failing to upload a completed annual report analyzing EEO activities on time is the same as failing to conduct the analysis altogether. Cumulus also said the FCC shouldn’t adjust the penalty upward due to Cumulus’s multiple past EEO violations, because those occurred before the company’s bankruptcy reorganization. The FCC rejected those arguments, noting that many of the same executives still lead Cumulus. The company hasn’t provided evidence that bankruptcy proceedings are “intended to absolve licensees of the consequences of pre-bankruptcy violations of the FCC’s rules,” the order said. Unusually for an enforcement proceeding, NAB informally filed comments supporting Cumulus, which the FCC dismissed. “NAB offers no legal or procedural basis for submitting its nonparty filing,” the order said. “More broadly, NAB urges the Commission to apply a more balanced and reasonable approach to proposed forfeitures going forward, claims that are more appropriately raised in a petition for declaratory ruling.” The FCC reduced Cumulus’s forfeiture from the originally proposed $32,000, conceding that in the past the agency hasn’t treated late filed EEO reports the same as failing to prepare one. “Although nothing in our case law suggests that such a failure does not also amount to a violation of our self-assessment rule, Cumulus may not have had the requisite notice” of that policy, the order said. “Going forward, Cumulus and all other licensees are on notice” that the FCC will consider the timeliness of posting EEO reports when it considers if stations are meeting their EEO obligations, the order said. The FCC is considering a draft EEO order that would require additional workforce diversity reporting from broadcasters (see 2312220061).
The rule requiring covered 988 service providers and originating service providers to report outages that potentially affect the 988 suicide and crisis Lifeline becomes effective Feb. 15, according to a notice for Tuesday's Federal Register. Notifications must go to the FCC network outage reporting system, the Substance Abuse and Mental Health Services Administration, the Department of Veterans Affairs and the 988 Lifeline administrator. The FCC approved a 988 outage reporting order 4-0 in July (see 2307200041).
Southern state lawmakers stressed their concern for kids’ safety as they supported bills Thursday to require age verification for social media and pornography websites. At a Florida House Regulatory Reform Subcommittee, Chair Tyler Sirois (R) defended banning children from social platforms even if their parents would allow it. During a South Carolina House Constitutional Laws Subcommittee hearing, the state's attorney general, Alan Wilson (R), strongly supported blocking kids from porn websites.
Rep. Yvette Clarke, D-N.Y., and Senate Agriculture Rural Development Subcommittee Chairman Peter Welch, D-Vt., led filing Wednesday of the Affordable Connectivity Program Extension Act to give the initiative stopgap funding through the rest of the year, as expected (see 2401090074). The measure would allocate ACP $7 billion for FY 2024, mirroring an earlier draft of the measure Clarke circulated in recent weeks. The FCC estimates the program could exhaust its original $14.2 billion appropriation in April. Congress’ appetite for providing the program more money remains in question given misgivings among top Republicans on the House and Senate Commerce committees (see 2312210074), although several Republicans signed on as ACP Extension Act sponsors at filing: Sen. J.D. Vance (Ohio), Sen. Kevin Cramer (N.D.), Rep. Brian Fitzpatrick (Pa.), and New York Reps. Anthony D’Esposito, Mike Lawler and Marc Molinaro. The measure “provides a transformative opportunity to bridge the gap of the digital divide for communities of color, urban and rural families, and so many more underserved Americans,” Clarke said in a statement. “Access to high-speed internet isn’t a luxury anymore, it’s a necessity,” Welch said. “That’s why it’s never been so important to avoid this funding cliff and extend the ACP.” Welch’s office cited support from more than 400 companies, groups and other entities, including FCC Chairwoman Jessica Rosenworcel and her fellow Democratic Commissioners Anna Gomez and Geoffrey Starks. In addition, several major ISPs and related industry groups are backing the measure: AT&T, Charter, Comcast, Cox Communications, Incompas, NTCA, T-Mobile, USTelecom, Verizon, Wireless Infrastructure Association and WTA. Others supporting the ACP Extension Act: the AFL-CIO, American Civil Liberties Union, Benton Institute for Broadband & Society, Communications Workers of America, Fiber Broadband Association, Free Press, NAACP, Pew Charitable Trusts and Public Knowledge.
Generative AI is expanding Big Tech’s data monopoly and worsening news outlets' financial crisis, Sens. Richard Blumenthal, D-Conn., and Josh Hawley, R-Mo., agreed Wednesday while hearing testimony about The New York Times Co. (NYT) lawsuit against Microsoft and OpenAI.
CTIA promotes Sarah Yi to assistant vice president-executive director, ACTwireless; Justin Perkins to director-cybersecurity and policy; and Courtney Tolerico to director-regulatory affairs … Ritter Communications advances Heath Simpson to CEO, effective Jan. 31, succeeding Alan Morse, moving to executive chairman ... Sinclair advances Ryan Moore to senior vice president-chief revenue officer.
The National Content & Technology Cooperative joined the Associated Carrier Group, which should grease the path for NCTC cable operator members wanting to launch mobile virtual network operator service, NCTC said Tuesday. ACG membership lets NCTC members take advantage of discounts with mobile original equipment manufacturers, it said.
Streaming music company Roxi is partnering with Sinclair on an offer of interactive music channels broadcast over ATSC 3.0 in U.S. homes starting this year, said a Sinclair news release Tuesday. The initial Roxi music, karaoke and games channels will “feature the interactivity and capabilities of a music app, without having to download or launch an app,” the release said. “Our viewers will be able to pause, play and skip on broadcast TV for the first time,” said Roxi CEO Rob Lewis in the release. The Roxi Music Video Channel will feature “curated collections of the very best high-quality music videos from the biggest names in music” and allow viewers to pay for an ad-free version. The Roxi Music Games Channel features interactive music games, and the Roxi Music Video Karaoke Channel will feature karaoke tracks with original music videos and scrolling lyrics, the release said. “We’re confident this partnership will help accelerate the adoption of NextGen TV by delivering entertainment features that consumers will increasingly come to demand on their televisions,” said Skip Flenniken, Sinclair vice president-general manager, technology business development.
The five-year satellite disposal requirement that just went into effect won't trigger a faster pace of low earth orbit satellite launches as operators won't try to put vehicles in orbit under the regulatory wire, space experts tell us. In addition, the new rule shouldn't propel LEO missions to seek licensing in nations outside the U.S., they believe. The five-year deorbit rule adopted in 2022 (see 2209290017) covers all launches after Sept. 29.
The FCC should dismiss three counterproposals from Pacific Radio Group for allocating FM channels on the Hawaiian island of Kauai, said SSR Communications in an opposition filing posted Friday in docket 23-197. The counterproposals are defective because PRG already owns four FM facilities in that market, SSR said. SSR originally proposed allocation of three channels on the island, and PRC's counterproposals involve the same three channels but would allocate them to different communities with larger populations, the SSR filing said. In addition, PRG said it would seek construction permits to build stations for each channel: “PRG certifies that [it] will participate in a future Commission spectrum auction for a new permit at Princeville, Hawaii, and if it is the winning bidder, will build the station promptly,” said one PRG filing. As PRG already owns four full-service FMs in that market, FCC radio ownership limits would prevent it having additional stations on Kaui, SSR said. “Because PRG is not eligible to receive a construction permit for any of the channels that are the subject of the counterproposals, the counterproposals are akin to ‘strike applications’” filed to delay competitors, SSR said. PRG didn’t comment.