Broadcasters have varied positions on leasing digital multicast spectrum to 3rd-party programmers, officials said: Some see leasing as another way to profit on digital signals, others want to develop additional original programming. “If it makes sense from a business opportunity, we would certainly look at it,” a broadcast official said of leasing: “The whole industry is looking at ways to capitalize on that opportunity.” Meanwhile, FCC Chmn. Martin has revived the multicast must-carry debate, recasting it around broadcaster leasing of digital spectrum to eligible 3rd-parties, though details are scant. The plan isn’t good for broadcasters or cable, said another industry official.
The FCC should revoke the license of Entercom’s KDND(FM) Sacramento because a Jan. 12 contest the station ran seemed to cause an entrant’s death, her survivors said. That argument is backed by Royce International Bcstg., a competitor trying to block Entercom’s bid to buy 15 CBS radio stations. Trying to win a Nintendo Wii game KDND was giving away, Jennifer Strange, 28, died of hyponatremia, “which is essentially death by ‘water intoxication'” after drinking a large amount of water and not urinating, lawyers for Strange’s family wrote FCC Chmn. Martin Mon. Strange’s 2nd- place prize: Tickets to a Justin Timberlake concert. KDND executives urged staffers to press contest entrants to drink copiously even though they felt sick, the family’s letter said: “Despite [Strange] having a distended abdomen and complaining of significant symptoms of a headache and lightheadedness, the radio station allowed her to leave the premises without any type of assistance… A ‘death penalty’ of this nature to a radio station would send a clear message to radio station owners that this type of behavior is unacceptable.” Strange drank 224 oz. of water, said Royce. That’s more than triple what doctors recommend as daily intake. Royce alleged disc jockeys ignored a nurse practitioner’s warning that the contest was dangerous. Strange’s stomach was so full a DJ said she looked pregnant, Royce said. KDND has canceled the program on which Strange appeared as a contestant, Gen. Mgr. John Geary said in a written statement. “The circumstances regarding this matter are being examined as thoroughly as possible,” he said. The FCC likely will consider the family’s complaint as an informal objection when deciding on the KDND license, which FCC records indicate is up for renewal, said Media Access Project Pres. Andrew Schwartzman: “Typically the Commission likes to fine people” instead of denying license renewals, “but the principle in a renewal is the Commission has to look at all of the information in its possession pertaining to the licensee.” - JM
The FCC Media Bureau published late Fri. a slew of draft media ownership studies and staff reports sought by a Freedom of Information Act (FOIA) request by Georgetown U.’s Institute for Public Representation (CD Dec 17 p16). The Commission is allowed to withhold the reports but due to its “current consideration of the media ownership rules and the very strong level of public interest in this proceeding,” it posted the 47 documents to www.fcc.gov/ownership/additional.html, the Media Bureau said.
The FCC is unlikely to grant petitions to deny TV license renewals to 28 stations in 3 markets if recent history is any guide, said a lawyer for groups asking the FCC to act based on claims the broadcasters aired little local political news (CD Dec 27 p6). In the latest petition to deny, Ore. Alliance to Reform Media asked the Media Bureau to designate licenses of 8 stations in and around Portland, Ore., for a hearing before an administrative law judge. The FCC hasn’t taken that step for at least a decade, said attorney Andrew Schwartzman. If the bureau decided a petition merited a hearing, it would likely seek a vote of the full Commission, even though it could act under delegated authority, he said: “Hearing designations are so rare that if the bureau found merit to consider designating a hearing, they would almost certainly bounce it to the full Commission.”
FCC commissioners probably will take a vote on Liberty Media’s acquiring 38.5% of DirecTV from News Corp., said a lawyer involved in the $11 billion asset swap, who expressed optimism the deal will go through. Under Liberty Media, DirecTV likely would intensify efforts to sell directly to consumers, dealers told us.
FCC commissioners probably will vote on Liberty Media’s acquiring 38.5% of DirecTV from News Corp., said a lawyer involved in the $11 billion asset swap. The deal needs FCC approval because it involves a significant interest in a DBS provider, said the lawyer, who is optimistic for approval. The long-expected deal would let News Corp. Chmn. Rupert Murdoch regain a big stake in his News Corp. from Liberty Chmn. John Malone. The companies will file needed papers with the Commission “as soon as possible,” said the attorney.
FCC indecency enforcement seems vague, only partly weighs parental authority in deciding what’s best for kids and gives short shrift to a TV rating system, U.S. Appeals Court, N.Y., judges said during oral arguments in Fox v. FCC. An agency decision to cut CBS slack when The Early Show aired a game-show contestant’s utterance of “shit” on grounds that it was news indicates the news exception may be too broad, 2nd U.S. Appeals Court Judge Rosemary Pooler said. Pooler also focused on judgments of indecency based on “artistic merit.” Judges’ questioning Wed. of FCC lawyer Eric Miller and Fox’s Carter Philips was more pointed than at a preliminary hearing (CD Aug 30 p3).
Cable rates in cities as far-flung as San Francisco and Boston cluster at about $50 monthly for a popular package of local TV stations and cable networks. Expanded basic and similar packages cost about that much, excluding taxes like franchise fees in 15 cities we surveyed cable rates. Bills rose an average of 9.1% early this year in 8 cities, including Philadelphia and Norfolk, Va.
FCC Comr. McDowell said Mon. he won’t participate in the vote on the AT&T-BellSouth merger, citing concerns with advice FCC’s Gen. Counsel Samuel Feder provided and input from ethics advisors. “While I expected the legal equivalent of body armor, I was handed Swiss cheese,” McDowell said, criticizing Feder’s memo for not making a “strong and clear case” for his participation. McDowell read a lengthy statement to the media, taking no questions and leaving promptly.
The FCC and broadcasters will get more time for oral arguments in Fox v. FCC than were allotted. The 2nd U.S. Appeals Court, N.Y., gave Fox and the FCC 20 min. each, up from 12 min., said Andrew Schwartzman, a lawyer in the case. Other broadcast networks probably will participate in oral arguments, as they did in a preliminary hearing (CD Aug 30 p3), said lawyers in the case. The Commission should further explain its decision to find the airing of a single curse in a show indecent, said a reply brief filed last week by Fox: “The FCC contends this case is just an adjudication of two broadcasts, and that therefore it need not defend the policy… as if this court should look at two trees and ignore the forest in which they stand.” NBC Universal called changes in FCC indecency policy key. “Careful consideration of the Commission’s conduct in prior and pending cases is essential to resolving this appeal,” said a filing by NBC. The FCC has said it gave industry ample notice that it could find single instances of cursing improper. Agency arguments in another indecency case, CBS v. FCC, are due Dec. 26 in 3rd U.S. Appeals Court, Philadelphia, a court official said. The FCC arguments in the respondent’s brief there probably will echo earlier comments, according to participants and Schwartzman. “It’s likely to bear a lot of similarities,” he said. Among previous FCC arguments that may resurface: That Fox is wrong to claim the V-chip moots fines for airing curses. - JM