A three-judge panel of the 2nd U.S. Circuit Court of Appeals wants briefs in Fox v. FCC as it decides what to do with a Supreme Court remand of the New York court’s ruling against the commission’s so-called fleeting expletive policy (CD April 29 p2), said a participant. The appeals court could have decided the case again without accepting briefs, but the judges who made the original decision -- Peter Hall, Pierre Leval and Rosemary Pooler -- decided at a status hearing Wednesday they want them, said Media Access Project President Andrew Schwartzman. Briefs from broadcasters and intervenors like Schwartzman are due Sept. 16, the FCC’s brief is due a month later, and all replies must be made by Nov. 16, he said. The judges didn’t signal if they'll hear oral arguments in the case, but should they decide to do so testimony likely would be heard late this year, added Schwartzman.

FCC Chairman Julius Genachowski plans to put substantial emphasis on process, ensuring that the commission’s work is done through the its bureaus and offices, staffed by longtime experts. That emphasis, industry and commission officials said, marks a major change from the Kevin Martin FCC, in which power was concentrated in the chairman’s office. An immediate result, commission officials acknowledged, is that the FCC probably won’t make major policy calls in August.

The FCC has been picketed this week by the owner of a company awaiting approval to sell TV stations for about $20 million, said people monitoring the proceeding. Norm Shapiro of Weigel Broadcasting and his daughter were said to be the people outside the commission’s 12th Street SW entrance holding a sign saying “FCC Please Decide” and listing the application numbers for three low-power stations in South Bend, Ind., that Shapiro has agreed to sell to Schurz Communications. The bottom of the sign reads, “By July 31st. Thank you.” That’s the deadline for FCC approval that the companies set in a contract to transfer WMYS, a MyNetworkTV affiliate, WCWW (CW) and WBND (ABC), said lawyers including Media Access Project President Andrew Schwartzman. He’s representing Free Press, which asked the commission to block the deal because it would give Schurz stations in addition to a full-power TV station, two radio stations and the daily newspaper in South Bend that it already owns. “Grant of these applications would give one company an unprecedented degree of power over viewpoints and advertising in any market in the United States,” Schwartzman said. He said he hasn’t heard from the FCC whether it will approve or deny the transaction by today, as Shapiro seeks. Shapiro didn’t reply to a message seeking comment. “The commission is studying carefully all the issues raised in this transaction and is working to reach a decision as expeditiously as possible,” said an FCC spokesman. “As in all transactions, the parties can extend the termination date in their sales contract if they so choose.” The FCC, he added, has “no objections to lawful picketing.”

It may be a while before the FCC finishes dealing with a request for wide-ranging changes to radio rules made last week (CD July 21 p1) by a group representing minority- and women-owned stations, agreed six communication lawyers we surveyed. Four said several of the 17 points in the request may face opposition from some full-power broadcasters, such as a request for an FCC advisory committee to evaluate other uses for TV channels 5 and 6. Other parts of what the petition seeks may be politically controversial, including a section on Cuba. All surveyed said they think the actions requested by the Minority Media and Telecommunications Council, if approved, would help the radio industry, as ad sales are forecast by industry researcher BIA to fall 15 percent in 2009 to $14 billion and credit is hard to get.

Aides to new FCC Chairman Julius Genachowski is asking all companies and groups that seek meetings with the chairman’s office to fill out a five-question form explaining the purpose of the visit and how they have reached out first to the various bureaus and offices prior to meeting with the chairman.

FCC Chairman Julius Genachowski and Commissioner Robert McDowell exchanged letters discussing proposals for agency reform. Meanwhile, Genachowski’s office is asking all companies and groups that seek meetings with the chairman’s office to fill out a five-question form explaining the purpose of the visit and how they have reached out first to the various bureaus and offices prior to meeting with the chairman.

More thorough FCC ex parte filings with disclosure of who’s being represented were sought in a draft rulemaking notice circulated by Commissioner Michael Copps before he stepped down as acting chairman, commission officials said. The draft notice seeks comment on requiring that ex partes be more detailed than mentioning who attended a meeting and which rulemaking was discussed, they said.

Minority broadcasters’ financial difficulties came under scrutiny at a wide-ranging House Judiciary Committee hearing Thursday. Chairman John Conyers, D-Mich., expressed frustration that several witnesses who were invited to testify were unable to make the hearing, which addressed a range of issues including a divisive performance royalty bill (HR-848) the committee passed in May (CD May 14 p3), media ownership rules and Arbitron’s Portable People Meter that has been blamed for depressing minority stations’ ad revenue.

Some nonprofits that push media and telecom policies at the FCC have found 2009 to be a difficult fundraising environment, despite a series of policy victories in Washington. “I've been doing this for 20 years and it’s been pretty much 18 years of darkness and now we've actually had some significant things happen,” said Gigi Sohn, executive director of Public Knowledge.

Some nonprofits that push tech policies at the FCC have found 2009 to be a difficult fundraising environment, despite a series of policy victories in Washington. “I've been doing this for 20 years and it’s been pretty much 18 years of darkness and now we've actually had some significant things happen,” said Gigi Sohn, executive director of Public Knowledge.