The FCC Enforcement Bureau issued 44 notices in fiscal year 2023 to owners or managers of properties where apparent pirate radio broadcasts operate, warning them of consequences, the agency said Wednesday. In its annual report to Congress required under the 2020 Preventing Illegal Radio Abuse Through Enforcement Act, the agency said 25 notices related to pirate sweeps. It said the Enforcement Bureau will continue monitoring the properties, saying pirate radio stations often stop operations temporarily and then resume. The bureau said it hired four full-time staffers in FY 2023 focusing on pirate radio and is hiring more. In addition, it ordered six mobile direction-finding investigative vehicles to support the additional staff. Those vehicles will be outfitted this year or next with specialized hardware and software for detecting pirate radio operators. The commission's online pirate radio database went live this week (see 2301240056).

The FCC Media Bureau initiated a proceeding that will revoke the licenses of two Daniel Stratemeyer-owned radio stations due to nearly $25,000 in unpaid regulatory and administrative fees, according to an order to pay or show cause in Friday’s Daily Digest. The delinquent fees are for WRIK(AM) Brookport, Illinois, and KZMA(FM) Naylor, Missouri, from fiscal years 2010, 2012 and 2013, the filing said. The FCC sent the bills to the Treasury Department for collection, and Stratemeyer has 60 days to show the fees are paid, or his stations could lose their licenses.

Connecticut low-power TV broadcaster Radio Communications wants the U.S. Court of Appeals for the D.C. Circuit to overturn an FCC order creating a window for certain LPTV stations to upgrade to Class A status. “Review is required” because the FCC’s implementation of the Low-Power Protection Act “fails to protect, in a very substantial manner," LPTV stations and licenses, and the newly created Class A stations, as Congress required, said a petition for review filed with the D.C. Circuit Jan. 10 and posted Thursday (docket 24-1004). The order, parts of which will take effect Feb. 9, would open a one-year window only for LPTV stations that broadcast a minimum of 18 hours a day, carry three hours per week of local programming and are located in markets of 95,000 households or fewer -- and that already met those requirements 90 days prior to the LPPA's Jan. 5, 2023, approval by Congress. LPTV groups were critical of the LPPA and the subsequent FCC order for allowing only a few stations to convert to Class A (see 2312080043). The petition asks the court to review the order on an expedited basis, stay it, find it unlawful and rule that RCC isn’t precluded from applying for the window, that program content can’t be used to deny Class A licenses and that Class A stations can assert must-carry in their markets. Radio Communications CEO Robert Knapp told us the company plans to ask the court for summary judgment against the FCC.

The FCC Media Bureau proposed a $16,500 forfeiture for Shelby Broadcast for operating a translator station at variance from its FCC authorization and for not disclosing the unauthorized operation, according to an order and notice of apparent liability in Wednesday's Daily Digest. The proposed penalty concerns translator W252BE Tarrant, Alabama, which Shelby allegedly operated at a different height and power level than authorized since a cable was severed in 2015, the order said. Shelby didn’t renew a grant of special temporary authority for the translator, and the matter was brought to the FCC’s attention by repeated filings and interference complaints from broadcaster Marble City Media. Marble City also petitioned against the renewal of Shelby’s license, but the order authorizes the station’s renewal. “We find no evidence of violations that, when considered together, evidence a pattern of abuse,” the filing said.

The FCC approved an NPRM on a 3-2 party line vote that prioritizes evaluation of applications from broadcasters that originate local programming. “Here, we propose to sweeten the incentives for locally-originated news and content,” said Chairwoman Jessica Rosenworcel in a statement released with the item. “Without it, stations can just pump in programming from the largest metropolitan areas and miss opportunities for content creation in their own backyard.” The NPRM proposes to use station quarterly programming lists to evaluate whether a station originates local programming, and prioritizing review of applications from those stations. The priority review would apply only to applications that aren’t going through a “simple” review process, such as those with holds or petitions to deny, the NPRM said. The item positions the proposal as a correction of the 2017 removal of the main studio rule. In it, the agency questions “whether the Main Studio Elimination Order’s predictive judgment -- that the Commission’s action there would foster creation of more and better local content -- has actually come to pass." The order’s criticism of the elimination of the main studio rule is the basis for Commissioner Brendan Carr’s dissent, he said: “There is no basis for asserting that conclusion here, but more fundamentally there is no reason to get into that rule at all in this Notice.” Carr said the majority declined to remove the language. “How can the FCC ground its localism proposal in the FCC’s record-less conclusion that the 2017 main studio repeal was an error while simultaneously not proposing to reinstate that rule?” Carr said, adding that he hoped the disagreement was “an isolated hiccup in our otherwise good working relationship.” Commissioner Nathan Simington was similarly critical of the NPRM: “This is a collateral attack on the Commission’s elimination of the Main Studio Rule, and the item all but says so.”

The FCC Enforcement Bureau warned property owners in Newark, New Jersey, and Brooklyn, New York, of possible forfeitures for allegedly hosting pirate radio stations, said letters Tuesday. Property owners Phalaine Vital in Newark and Royalty Realty in Brooklyn could each face a forfeiture of up to $2.3 million, the letters said. The letters demand proof that the unauthorized transmissions EB field agents found have ceased and that the unauthorized broadcasters be identified. The property owners have 10 business days to respond, the letters said.

The FCC unanimously ordered Cumulus to pay a $26,000 penalty for a late annual equal employment opportunity report, over the objections of the broadcaster and the NAB (see 2203300067), said a forfeiture order Tuesday. “Cumulus’s characterization of the requirement to upload an Annual Report to the station online public inspection file and website as a mere administrative task undermines the Commission’s goal of ensuring meaningful public input via public access to the Annual Report,” said the order. The third-largest U.S. radio group, Cumulus reported a Q3 net revenue of more than $200 million. Cumulus had argued that although the report was filed late, it was completed on time and the FCC should have merely admonished the radio broadcaster. The agency rejected that argument, and said failing to upload a completed annual report analyzing EEO activities on time is the same as failing to conduct the analysis altogether. Cumulus also said the FCC shouldn’t adjust the penalty upward due to Cumulus’s multiple past EEO violations, because those occurred before the company’s bankruptcy reorganization. The FCC rejected those arguments, noting that many of the same executives still lead Cumulus. The company hasn’t provided evidence that bankruptcy proceedings are “intended to absolve licensees of the consequences of pre-bankruptcy violations of the FCC’s rules,” the order said. Unusually for an enforcement proceeding, NAB informally filed comments supporting Cumulus, which the FCC dismissed. “NAB offers no legal or procedural basis for submitting its nonparty filing,” the order said. “More broadly, NAB urges the Commission to apply a more balanced and reasonable approach to proposed forfeitures going forward, claims that are more appropriately raised in a petition for declaratory ruling.” The FCC reduced Cumulus’s forfeiture from the originally proposed $32,000, conceding that in the past the agency hasn’t treated late filed EEO reports the same as failing to prepare one. “Although nothing in our case law suggests that such a failure does not also amount to a violation of our self-assessment rule, Cumulus may not have had the requisite notice” of that policy, the order said. “Going forward, Cumulus and all other licensees are on notice” that the FCC will consider the timeliness of posting EEO reports when it considers if stations are meeting their EEO obligations, the order said. The FCC is considering a draft EEO order that would require additional workforce diversity reporting from broadcasters (see 2312220061).

The FCC warned a New York realty company of the possible forfeiture of up to $2.3 million for allegedly hosting a pirate radio station, said an Enforcement Bureau letter in Thursday’s Daily Digest. The notice to Matovu Realty concerned a building at 3349 Decatur Ave., Bronx, and identified Matovu as the owner. The letter demands proof that unauthorized transmissions found by EB field agents have ceased and requests that the unauthorized broadcasters be identified. Matovu has 10 business days to respond. The company didn't comment.

The 2018 quadrennial review order supports Gray Television's arguments against the FCC’s $518,000 enforcement action over a 2020 transaction involving an Anchorage station, Gray told the 11th U.S. Circuit Court of Appeals in a response letter Thursday. Gray was responding to an FCC letter last week giving the court notice of the QR order, which was released in December. Gray has argued that the agency created a requirement for what data is used to determine station rankings without notice when it issued the forfeiture in 2022 (see 2307240065). Ratings data from the time of the transaction showed Gray already owned two of the top-four stations in the market, which the broadcaster has argued means the Anchorage deal didn’t result in a new top-four combination -- instead an existing top-four combination added another station. The FCC has argued that this ratings data wasn’t available to Gray when it made the deal and so is invalid. The QR order changes the ranking methodology to use “available data over a 12-month period immediately preceding the date of application,” Gray told the court Thursday. The inclusion of the word “available” in the QR order “underscores its prior absence, and it highlights the FCC’s failure to provide Gray with fair notice of such a requirement which the FCC invented to justify penalizing Gray,” said the broadcaster. The QR order also doesn’t show that applying the agency’s rule against affiliation swaps to Gray’s purchase of a station’s network affiliation “furthered an interest in competition, as the First Amendment requires,” Gray told the court. “Thus, nothing the FCC said in the 2023 Order cures the fatal defect in the Forfeiture Order.” Oral argument in the case is set for March.

The FCC is awaiting Paperwork Reduction Act approval for its order implementing the Low-Power Protection Act, so the opening date of the Class A window hasn't been determined (see 2401090072.