Monty Tayloe

Hurricane Idalia’s eye left Florida around mid-day Wednesday, but the state is still having effects from the storm, Gov. Ron DeSantis (R) said at a 12:30 p.m. news conference livestreamed from Tallahassee. The FCC’s disaster information reporting system shows initial communications outages in Florida -- including for 58,941 cable and wireline subscribers -- from the storm, and the agency expanded the system’s coverage to include 16 counties in South Carolina, according to a number of public notices released Tuesday and Wednesday.

Congressional delegation of authority and enforcement power to agencies and the tenure protections of agency administrative law judges aren't unconstitutional, argued the SEC in a petitioner's brief before the U.S. Supreme Court Monday in SEC v. Jarkesy. The brief hewed closely to the arguments the SEC made in its loss before the 5th U.S. Circuit Court of Appeals, law professors and attorneys told us. “There’s nothing unexpected in it,” emailed Arizona State law professor Ilan Wurman, who filed an amicus brief in the case supporting neither party. A SCOTUS decision in SEC v. Jarkesy could have ramifications for other federal agencies that use ALJs, such as the FCC (see 2211030063).

Advertisers have been slow to shift their focus to streaming, but that's starting to change, said streaming industry officials Wednesday in panels during the virtual StreamTV Advertising Summit. Viewership “eyeballs” are surging, “but maybe advertising dollars haven’t quite caught up yet,” said DirecTV Head-Programmatic and Digital Sales Rose McGovern. Panelists also discussed ad targeting and discoverability at the event. Ad budgets for streaming are on the rise but “shifting or scattered,” said Aulden Kaye, head-Advertising Partnerships at Philo. The industry is “headed in the right direction,” McGovern said.

An expected gap in the creation of new media content caused by the ongoing writer and actor strikes is likely to lead to increased advertising on free ad-supported streaming (FAST) TV channels, but the industry still faces difficulty in reliably measuring reach and return on advertising spend, said streaming and ad industry officials on panels at the virtual StreamTV Advertising Summit Tuesday. “We need to have best practices, we need to have consensus around a coin of the realm,” said Tastemade Head-Global Sales Jeff Imberman.

The FCC has the authority to designate Fox-owned WTXF-TV Philadelphia for hearing over the false reporting on the 2020 election by its parent company, said the Media and Democracy Project Tuesday in a filing in support of its petition to deny the station’s license renewal. “Designating a hearing on this basis would not be regulation of cable content any more than revoking a convicted felon’s broadcast license would be an intrusion into law enforcement and the judicial system,” said MAD.

Interest is growing in the November window for low-power FM applications, but finding frequencies for would-be LPFMs is going to be difficult, said Prometheus Radio Project Engineering Director Paul Bame and REC Networks founder Michelle Bradley in a Society of Broadcast Engineers webinar Monday. Most inquiries received by Prometheus are coming from groups in highly populated urban areas that are unlikely to have room for new LPFM stations, Bame said: “The cities are tight; most of them are full.”

The FCC hasn’t made an effort to meet the four-year due date for its 2018 quadrennial review, and its arguments that Congress didn’t specify a deadline (see 2308080062) are “a recipe for eternal stasis” and would “justify perpetual delay,” said NAB in a response filing in its mandamus proceeding at the U.S. Court of Appeals for the D.C. Circuit (docket 23-1120) (see 2304250029). “It is unreasonable for the Commission to have sat on its hands for years.”

The FCC unanimously approved an FY 2023 regulatory fee order last week that closely resembles the NPRM issued in May.

Softness in the media advertising market appears to be affecting TV broadcasters and tech companies less than other media entities, according to quarterly earnings calls and analysts.

The Regulatory Commission of Alaska unanimously voted at a hybrid meeting Wednesday to make permanent an emergency extension of the state’s universal service program. The Alaska USF sunset date is now June 30, 2026. The emergency regulations otherwise would have ended Oct. 28.