Comments are due May 16, replies June 17, regarding issues related to geotargeted content origination on FM booster stations, the FCC Media Bureau said Tuesday in docket 20-401. The commissioners unanimously approved a geotargeted radio content order earlier this month (see 2404020078 and the accompanying Further NPRM asks questions regarding a number of processing, licensing and service items.

FCC Commissioner Nathan Simington on Monday condemned the agency’s extension of the top-four prohibition in the 2018 quadrennial review order. Instead of “dusting off” older regulations and “breathing new life into them through interpretive maximalism," the FCC should keep them locked in “a curio cabinet,” Simington said in remarks at NAB Show 2024. The rule change makes existing broadcast assets less marketable and hurts independent operators, he said. The FCC's attack on broadcast assets is particularly egregious at a time when “the literal Chinese Communist Party is pulling more eyeballs then broadcasters are,” said Simington, apparently referring to TikTok. Simington also criticized recent enforcement actions against broadcasters, which he said involved disproportionate penalties for violations that were inadvertent or insignificant. Unlike off-shore robocallers that repeatedly violate FCC rules and rarely pay fines, broadcasters seek to follow the rules and reliably pay their penalties, Simington said. He said he looks forward to the day when the FCC is “less adversarial” to broadcasters and ceases treating them like “problem children.”

Broadcasters should use AI to improve news broadcasts and free up newsroom staff from processing tasks to focus on journalism, said AI company Futuri CEO Daniel Anstandig in a keynote presentation at the NAB Show 2024 in Las Vegas featuring an AI-powered humanoid robot interjecting occasional quips. A Futuri study shows that audiences believe AI could improve news reporting as long as broadcasters clearly disclose when it's being used. Calling AI a “media revolution,” Anstandig urged broadcasters to be the first to “step up to the ledge and jump off.” Broadcasting “will rise and fall based on the people in this room,” he said. Anstandig discussed using AI voices to handle routine sponsorship reads or to serve as late-night DJs, and said that audiences are largely unable to distinguish AI audio from real voices. Futuri’s audience survey found that AI video avatars were “not ready for prime time,” but AI could also be used to help newsrooms decide what topics to cover, do sales research and take over routine tasks to allow more resources to be devoted to reporting. Asked by NAB CEO Curtis LeGeyt about AI leading to employees being replaced, Anstandig said that “job rotation” is normal in industry, arguing that the invention of the calculator didn’t wipe out the profession of mathematician but instead led to the discipline of data science. “New jobs will be created,” he said. In a Q&A session preceding the AI segment, LeGeyt said that the resource constraints imposed on broadcasters by regulation and competition with tech companies disadvantage local journalism. “The practical reality of Washington’s inaction on these issues is that every day a local reporter’s ability” to tell local stories “is undermined,” he said. LeGeyt pledged onstage that NAB would serve as a “convener” to push greater awareness and action on the U.S. opioid crisis and called on broadcasters to “step up” to preserve American faith in electoral processes. “We would have different prognostications on what November looks like, but we all need to trust that what happens is the outcome that was warranted,” he said. LeGeyt said November’s presidential election is “the most consequential of our lifetimes.”

Shelby Broadcast must pay a $16,500 forfeiture for operating a translator station outside the parameters of its FCC authorization and not disclosing it, according to an order in Wednesday's Daily Digest. The forfeiture concerns translator W252BE Tarrant, Alabama, which for years after a cable was severed in 2015 Shelby allegedly operated at a different height and power level than authorized, according to the original notice of apparent liability (see 2401170066). Though the penalty represents a significant percentage of the station’s gross income, the Media Bureau declined to reduce the forfeiture amount because the station is slated to be sold for $184,000. “Further, due to Licensee’s history of noncompliance, including unauthorized operations, and the extended duration of the violations, we find no basis to reduce or cancel the proposed forfeiture,” the order said.

The FCC Enforcement Bureau warned property owners in Beacon, New York, and San Francisco of possible forfeitures over pirate radio stations allegedly emanating from their buildings, according to letters in Wednesday’s Daily Digest. Property owners The Cesar Ascarrunz Living Trust in San Francisco and Donald and Theresa Bell in Beacon could see forfeitures of up to $2.3 million, the letters said. The property owners have 10 business days to respond and must submit proof that broadcasts have ceased, the letters said.

The FCC should enforce public interest requirements on broadcasters if it wants to encourage local programming, said Common Frequency and Pacifica Network in a joint reply to comments filed in docket 24-14 on an agency NPRM on prioritizing application processing for broadcast stations that offer local content (see 2403120071). The FCC’s proposal is likely insufficient to encourage local programming on its own and the agency hasn’t denied a license renewal on public interest grounds in 30 years, the joint filing said. “Is there even a definition regarding a station ‘not operating in the public interest’ nowadays?” said Common Frequency and Pacifica. “Respondents believe this question needs to be answered as a precursor to even approaching the subject matter of the NPRM.” NAB and NPR reiterated that the FCC’s proposal would be ineffective. “As to public radio, the incentive offered in the NPRM is weak,” NPR said. The “lack of connection” between the goal of promoting local journalism and prioritizing review of “a very small subset” of applications shows “the expanding disconnect” between the FCC’s actions and the forces motivating broadcasters, NAB said. The three hours per week of local programming requirement proposed in the NPRM is a “very low bar,” but incentivizing any local content is positive, said MusicFirst Coalition and the Future of Music Coalition in a joint filing. The groups “would be thrilled to see a local DJ spinning records for a few hours per week at any station that would otherwise fail to air” local programming, the filing said.

The 8th U.S. Circuit Court of Appeals granted the unopposed motion of the American Television Alliance of low-power stations to intervene as of right in defense of the FCC’s Dec. 26 quadrennial review order against the four consolidated petitions challenging the order for allegedly violating Section 202(h) of the Telecommunications Act (see 2404080002), said a signed clerk’s order Wednesday. The consolidated petitions pending in the 8th Circuit are from Zimmer Radio (docket 24-1380), Beasley Media Group (docket 24-1480), NAB (docket 24-1493) and Nexstar Media Group (docket 24-1516).

The American Television Alliance (ATVA) of low-power stations seeks leave to intervene as of right in defense of the FCC’s Dec. 26 quadrennial review order against the four consolidated petitions challenging the order for allegedly violating Section 202(h) of the Telecommunications Act, said the alliance’s unopposed motion Friday in the 8th U.S. Circuit Court of Appeals. The 8th Circuit, in an April 2 order, granted NCTA’s motion to intervene on the FCC’s behalf (see 2404020045). In the order under review, the FCC found that its existing media ownership rules, with some minor modifications, remain necessary in the public interest, said ATVA’s motion. Most important to the group, the FCC retained the local television ownership rule with modest adjustments to reflect changes that have occurred in the television marketplace, it said. That rule limits the number of full-power television stations an entity may own within the same local market to at most two, subject to some limits, it said. The “top-four prohibition” generally bars broadcasters from owning two stations ranked among the top four in a local market, it said. The order “rejected broadcaster efforts” to weaken the top-four prohibition for strong public interest reasons, and the commission also took action to prevent parties from exploiting unintended ambiguities or gaps in the top-four prohibition, it said. ATVA and its members will be “substantially affected” by the 8th Circuit’s review of the order, said the motion. FCC rules require ATVA members to engage in retransmission consent negotiations with television broadcasters throughout the country, and the association argued throughout the agency proceeding that the challenged rules will protect consumers from rising costs due to pass-through of retransmission consent fee increases that result when broadcasters are able to negotiate retransmission consent fees for two top-four stations jointly in a market, it said. ATVA “likewise explained to the FCC the need to close the loophole that was increasingly being exploited” by network affiliation arrangements and acquisitions to circumvent the top-four prohibition, it said. An 8th Circuit decision calling the FCC’s decisions into question in these areas “would increase broadcasters’ already-powerful ability to extract supracompetitive retransmission consent fees from ATVA members and, ultimately, from consumers,” said the motion. The consolidated petitions pending in the 8th Circuit are from Zimmer Radio (docket 24-1380), Beasley Media Group (docket 24-1480), NAB (docket 24-1493) and Nexstar Media Group (docket 24-1516). The 8th Circuit previously granted the unopposed motions of four network affiliates associations (see 2403220041) and six radio group owners (see 2403260001) to intervene in support of the four consolidated petitions.

FCC Administrative Law Judge Jane Halprin won’t broaden the scope of a hearing involving Antonio Cesar Guel's apparently fake sale of broadcast stations to include other questionable transactions because she doesn’t want to interfere with possible FCC Media Bureau investigations, said an order in Friday’s Daily Digest (see2402060049). Granting the Enforcement Bureau’s request to enlarge the hearing proceeding against Guel would also not be “efficient,” she said. The initial proceeding concerned Guel's sale of low-power radio and TV stations to his niece Jennifer Juarez, and false statements Guel made to the FCC, including hiding his lack of U.S. citizenship. The EB wanted the proceeding to include other companies -- Mekaddesh Group, Hispanic Family Christian Network and JPX Global -- whose ownership was the focus of contradictory filings at the FCC and SEC from Guel, his daughter and their associates. “It seems that with each filing in this proceeding, the control and operation of the Guel family’s broadcast licenses becomes less clear,” Halprin wrote. She said that keeping the case narrow is consistent with the Media Bureau’s approach when it originally designated the Guel matter for hearing, though it was aware of other possible violations. “These ambiguities, when considered with the numerous FCC violations to which Mr. Guel has already admitted . . . suggest a pattern of obfuscation and noncompliance” that “warrants further exploration,” the order said.

The 8th U.S. Circuit Court of Appeals adopted the briefing schedule that the parties proposed in the four consolidated petitions for review challenging the FCC’s Dec. 26 quadrennial review order for allegedly violating Section 202(h) of the Telecommunications Act (see 2404030004), said the court’s tentative schedule Friday. The opening briefs of the four petitioners and their intervenor supporters are due July 15, it said. Sept. 13 is the deadline for the FCC’s response brief and that of NCTA, which is intervening on the FCC’s behalf to defend the order against the petitioners’ Section 202(h) challenges, said the schedule. Reply briefs are due Oct. 15 and final briefs Nov. 18, it said. The parties said they framed the schedule to allow for the briefing to be complete and the cases ready for submission on the merits before the end of calendar 2024. The dates “may be advanced or extended by court order or a party's early or late filing of a brief,” said the schedule. All briefs and appendices should be filed with the 8th Circuit’s St. Louis office, it said. The consolidated petitions pending in the 8th Circuit are from Zimmer Radio (docket 24-1380), Beasley Media Group (docket 24-1480), NAB (docket 24-1493) and Nexstar Media Group (docket 24-1516).