The FCC Media and Wireless bureaus identified the locations, frequencies and minimum opening bids for 22 new commercial AM stations up for auction (http://bit.ly/Lkvs9i). Auction 84 will take place May 6 (CD Nov 19 p20). All applicants within each mutually exclusive group are directly mutually exclusive (MX) with one another, the bureaus said in a public notice (http://bit.ly/1e4HYWq). “No more than one construction permit will be awarded for each MX group identified.” The commission’s rules don’t prohibit applicants from signing otherwise lawful bidding agreements before filing their short-form applications, “as long as they disclose the existence of the agreement(s) in their short-form applications,” said the notice. The commission delegated to the bureaus the authority and discretion to determine appropriate upfront payments for each auction, which are due before 6 p.m. April 7, it said. The payments “help defer frivolous or insincere bidding, and provide the commission with a source of funds in the event that the bidder incurs liability during the auction,” it said. The public notice provided information on auction stopping rules, registration and other procedures.

The Corporation for Public Broadcasting urged the FCC to eliminate the creation of white spaces, protect translators of noncommercial educational stations and prioritize repacking funds for NCE licensees as it moves toward finalizing the spectrum incentive auction process. Many public television translators are of primary importance to their communities, CPB said in an ex parte filing in docket 12-268 (http://bit.ly/1e4Xp0S). The filing is a letter to Chairman Tom Wheeler. The FCC should recognize the essential need for public TV translators and “to mitigate risk to noncommercial translators by adopting measures in advance that will preserve their service,” it said. CPB cautioned that “a reimbursement shortfall will be damaging to public television stations.” The commission should work with Congress to ensure that adequate reimbursement funds are available under any spectrum recovery approach the FCC takes, “as well as to change the current statutory bar on using auction proceeds designated for repacking to fund translator relocation,” it said.

This weekend’s Super Bowl will be watched by about 181 million viewers -- 75.4 percent of U.S. adults -- and 7.2 percent of those consumers are expected to buy a new TV to watch the game, the National Retail Federation estimated Monday. Those 181 million viewers will spend an average of $68.27 on TVs, game day food, athletic wear and decorations, NRF said, citing the findings of a Super Bowl Spending survey done for it by Prosper Insights and Analytics. That’s about flat with last year’s $68.54, said NRF. Total spending is expected to pass $12.3 billion. The spending survey included a poll of 6,417 consumers Jan. 2-13, and had a margin of error of plus or minus 1.2 percentage points, said NRF.

The FCC should take the idea of making changes to the software that will be used in the post-incentive auction repacking “off the table,” said NAB in an ex parte filing (http://bit.ly/1n8ns9Q). “Changing stations’ coverage areas during the auction process is antithetical to the stated purposes of the” Spectrum Act, said NAB. To coordinate the repacking, the FCC should create “an expert group of outside stakeholders” to test the software when it’s finished. “This proactive engagement will allow the FCC to have the confidence that its software is ready for prime time and will tap into the resources of various industries that are committed to seeing a successful auction,” said NAB. The repacking solution also needs to take the borders with Canada and Mexico into consideration, NAB said. Without new agreements with those countries, it will be “nearly impossible” for the FCC to reclaim enough spectrum “within 250 miles of the Canadian border and 150 miles of the Mexican border” because of interference issues, NAB said. It also urged the commission to appoint an “independent, third-party administrator” to oversee the process of reimbursing broadcasters for costs from the repacking. The TV Broadcaster Relocation Fund should be treated as a budget for the repacking, NAB said. “It is nonsensical to suggest that Congress only sought to cover some unstated portion of non-participating broadcaster costs as opposed to making them whole,” said NAB. The FCC should also process channel substitution applications submitted before the freeze on such applications, protect stations’ translators in the auction, and make its “latest thinking” on the incentive auction band plan available for public comment, NAB said. The FCC should also create a solution that provides adequate spectrum for wireless microphone operation, NAB said. The association is exploring the possibility of giving wireless microphones access to the duplex gap, and examining “the viability of LTE/wireless microphone coexistence in the upper 600 MHz band,” the ex parte said.

The Department of Justice should ensure that the terms of a settlement between federal prosecutors and tobacco companies direct advertising dollars to black-owned broadcasters, said the National Association of Black Owned Broadcasters (NABOB) in a newsletter to members Friday. A proposed consent order in the fourteen-year-old U.S. District Court for the District of Columbia case requires the tobacco company defendants to fund commercials informing the public of the harmful effects of smoking, and includes a list of TV networks and newspapers where the campaign must run. However, the settlement doesn’t require the companies to “place any commercials on Black owned media, or even media targeting the African American community,” said NABOB. That’s irksome to NABOB because the DOJ case “demonstrated that the tobacco companies had specifically targeted African American communities, particularly young people, with advertising and promotions designed to increase smoking,” said the newsletter. NABOB, the National Newspaper Publishers Association and the NAACP filed amicus briefs asking the court include black-owned media in the consent decree. That request came too late, said the tobacco companies in a response. “It has been more than seven years since this Court first specified the newspapers and television networks in which Defendants would be required to place corrective statements,” said the tobacco company filing. The companies also said changing the list of stations to receive the advertising would nullify the settlement agreement, “leaving the parties back at the negotiating table to see if a revised agreement can be reached.” The ability of the corrective advertising to “reach all affected Americans” is one of the concerns about the proposed settlement raised by the federal judge who would need to approve it, NABOB said. “The settlement can be set aside and the parties can be forced to consider adding Black owned media to the advertising plan if the Department of Justice tells the judge that it agrees with her that the plan needs to be amended to target Black consumers,” said NABOB. To make that happen, NABOB wants all black-owned broadcast stations to publicize the matter on their airwaves. “The DOJ will only change its position and oppose the current advertising plan if there is a vocal outcry from the African American community,” said NABOB. A similar NABOB effort to get advertising dollars from publicity efforts connected to the Affordable Care Act to go to black-owned broadcasters (CD Oct 4 p1) was stymied by the “disarray” of the ACA, said NABOB Executive Director Jim Winston. The association is still pursuing the matter, he said.

The Association of Public Television Stations stressed the importance of the FCC conducting feasibility and optimization processes to determine the best repacking scenarios during the broadcast incentive auction. This would allow the commission “to consider plans developed by broadcasters on a state-wide or market-wide basis,” APTS said in an ex parte filing in docket 12-268 (http://bit.ly/1eYbhqj). The FCC should “give deference to these state and market plans developed by all impacted broadcasters,” it said. APTS reaffirmed the importance of advance funding and priority given to public broadcasters and the importance of translators during repacking, it said: “We believe that fill-in translators should be accommodated as they are key to maintaining the current coverage of stations.” APTS met with Chairman Tom Wheeler, Media Bureau Chief Bill Lake and other FCC staff, it said.

Initial comments in the FCC Media Bureau proceeding on eliminating the sports blackout rule are due Feb. 24, and replies March 25, the commission said in a Federal Register notice (http://1.usa.gov/1fcpLoK). The bureau released the NPRM last month (CD Dec 19 p8).

National Religious Broadcasters and the Educational Media Foundation, in comments to the FCC on AM band revitalization, said the “Mattoon waiver” process, which allows FM translator relocation, should be preserved. It should be maintained where a translator window is made for an AM station, “but no suitable frequency is found on which to apply,” NRB said (http://bit.ly/1hscHLq). The AM-only translator window won’t eliminate the need for Mattoon waivers, EMF said (http://bit.ly/LR8h6n). While the AM translator window may provide relief to some AM stations, many AM stations won’t be able to obtain an FM translator as, “especially in larger markets, there simply are no locations on the FM band in which they can be squeezed,” it said. NRB also urged an end to the “ratchet rule,” which is aimed at limiting nighttime interference, and it said the commission should consider creating some relaxation of community coverage requirements for AM radio service, “as long as those changes are made on a case-by-case basis, which would create administrative flexibility, and as long as audio/reception quality is not impaired,” it said. The Minority Media and Telecommunications Council continued to urge the commission to give serious consideration to developing a plan to relocate AM service to TV channels 5 and 6, it said (http://bit.ly/KVz9lp). The FCC must change technical rules “so that AM service can do more than survive,” it said. There should be a relaxation of restrictions on AM stations relocating near urban areas, tutorials on AM radio engineering rules and the creation of a position for a broadcast public engineer to aid in routine engineering matters, “making technical expertise available to clarify procedures,” it said. NPR requested opening an FM translator filing window for noncommercial educational (NCE) stations in conjunction with the proposed window for AM stations. The FCC has failed to afford NCE FM stations an opportunity “to obtain new reserved band FM translator permits since adopting the current window filing system in 2000,” it said (http://bit.ly/1ek74vf). Eliminating the ratchet rule, modifying the daytime and nighttime coverage standards and permitting wider implementation of Modulation Dependent Carrier Level control technologies are reasonable measures to improve the AM service, NPR said. Missouri Broadcasters Association (http://bit.ly/1hSRyLg), KNAB(AM) Burlington, Colo., and other stations backed the FM translator filing window proposal. Preference for FM translators should be given to those broadcasters that have very limited or no nighttime service, KNAB said (http://bit.ly/1dV40Lk).

The FCC International Bureau granted O3b a waiver of the table of frequency allocations and Ka-band allocation plan in connection with the satellite company’s plan to test and demonstrate 2.2-meter and 1.2-meter antennas aboard maritime vessels. The ships are registered to the Bahamas and they will operate in and near U.S. territorial waters, the bureau’s Satellite Division said in a letter to O3b (http://bit.ly/19QMua3). O3b seeks a waiver for a six-month testing period, the division said. Because the commission has not adopted technical rules governing satellite operations in the Ka-band non-geostationary orbit fixed satellite service bands aboard maritime vessels, “we view O3b’s planned tests as requiring a waiver of the commission’s table of frequency allocations and the Ka-band plan,” it said.

The FCC needs to provide incentives “to attract and maintain the commitments of broadcasters” considering participating in the incentive auction, said Class A broadcaster Watch TV in an ex parte filing this week (http://bit.ly/1mxNFvj). “Without more timely incentives, some of these broadcasters will change their minds and pursue other business options,” said the filing. Those incentives should include allowing stations planning to sell their spectrum to “go dark” to save operating expenses, and less intensive enforcement of the rules governing Class A stations. Uncertainty about the auction and whether to spend money on capital improvements is pushing broadcasters away from the auction, Watch TV said. As Watch TV invests in its stations, it has less incentive to participate in the auction, and more reasons to set its price higher if it does participate, said the filing. The commissioners should press the Incentive Auction Task Force for more detailed plans for the auction at the FCC’s Jan. 30 open meeting, said Watch TV.