Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations.
- The FCC released a draft Notice of Inquiry to explore how the FCC can support industry efforts to develop new Positioning, Navigation, and Timing (PNT) technologies, including the Broadcast Positioning System (BPS) provided by TV stations operating with the ATSC 3.0 transmission standard. PNT data is crucial to national security, public safety, and economic stability as it supports government and military operations and commercial activities. Currently, the satellite-based Global Positioning System (GPS) is the primary source of PNT data in the United States, but the FCC seeks to develop complementary and alternative technologies to ensure continuity and resilience in critical operations in case GPS signals are disrupted or degraded. Along with other technologies noted in the NOI, the FCC seeks comment on whether BPS can complement or replace GPS, using ATSC 3.0 to deliver PNT data that is not as vulnerable to intentional interference as GPS. The FCC will vote on the draft NOI at its March 27 regular monthly Open Meeting.
- The U.S. Court of Appeals for the 11th Circuit issued an Opinion that vacated the FCC’s $518,283 fine against Gray Television for violating the FCC’s Top-4 Prohibition, though agreeing that Gray had violated the rule. The Prohibition restricts TV station licensees from acquiring the network affiliation or license of another in-market TV station when, as a result of the transaction, the licensee would hold two of the Top-4 rated TV stations in a Designated Market Area (ratings computed at the time of the agreement was executed). The court agreed with the FCC that Gray’s acquisition of the network affiliation of another in-market station violated the rule (the court agreeing that the Gray station to which the affiliation was moved was not, at the time the agreement for the transaction was signed, already a Top-4 station as Gray had argued) and found that the rule was not content based, so there was no First Amendment issue with its enforcement. The court, however, determined that the FCC had failed to provide Gray with an opportunity to address the FCC’s finding that the violation was “egregious” (a factor used to justify the size of the fine) and remanded the case to the FCC for further consideration. Interestingly, two of the judges issued a concurring opinion suggesting that they would have vacated the FCC’s entire decision had Gray argued before the FCC that the Commission’s statutory authority covered the sale of broadcast licenses, but did not extend to regulating the sale of affiliations. But, as Gray did not give the FCC the opportunity to address questions about its authority, the Court could not consider the issue on appeal.
- Senators Rosen (D-NV), Lujan (D-NM), and Markey (D-MA) and Congresswomen Matsui (D-CA), Barragán (D-CA), and McClellan (D-VA) introduced the Broadcast Freedom and Independence Act in both the Senate and the House, which would prohibit the FCC from revoking a station’s license or taking other adverse actions against a licensee based on the broadcaster’s disseminated viewpoints. The bill also makes a finding that, as an independent agency, the President lacks the power to remove sitting FCC Commissioners at will.
- Another objection was filed against the Paramount-Skydance transfer applications which propose that David Ellison acquire a controlling stake in the company and become its Chairman and CEO. Project Rise Partners, a partnership affiliated with independent programmers interested in acquiring CBS and Paramount, asserts several public interest concerns which it claims warrant further FCC investigation, including whether the proposed transaction risks permitting anticompetitive programming bundling practices, and whether a Chinese investor in Skydance imperils national security. Project Rise also claims that the proposed transaction may result in increased retransmission consent fees, job losses, and weakened news production resulting from Skydance’s plans to integrate artificial intelligence into news operations. Project Rise further claims that Paramount may have allowed Skydance premature influence over Paramount, including in its newsroom and litigation decision making. See our updates here, here, here, here, here, and here on the transaction and the comments previously filed in this proceeding.
- The FCC announced comment deadlines for four Notices of Proposed Rulemaking proposing amendments to the TV Table of Allotments:
- The FCC announced that comments and reply comments are due April 2 and April 7, respectively, responding to the Media Bureau’s NPRM requesting comments on a TV station’s proposed substitution of UHF channel 15 for VHF channel 11 at Price, Utah due to the inferior quality of VHF channels for digital transmissions. The station states that if the substitution is granted, it will convert its facilities to a Distributed Transmission System to serve viewers on both sides of the mountains separating Price and Provo, Utah.
- The FCC announced (see here, here, and here) the comment deadlines for the Media Bureau’s three NPRMs proposing to allow the petitioner’s TV stations located in Kansas, Kentucky, and Louisiana to remain on their existing channels due their inability to complete construction of new facilities by the expiration dates of their channel-change construction permits: the first NPRM proposes substituting Channel 12 for Channel 28 at Wichita, Kansas; the second NPRM proposes substituting Channel 8 for Channel 24 at Monroe, Louisiana; and the third NPRM proposes substituting Channel 12 for Channel 20 at Hazard, Kentucky. For the Kentucky and Louisiana TV stations’ NPRMs, comments and reply comments are due April 3 and April 18, respectively. For the Kansas TV station’s NPRM, comments and reply comments are due April 4 and April 21, respectively.
