The FCC unanimously approved an order Wednesday creating an alert code for missing adults and an NPRM on proposed revisions for the robocall mitigation database. At their open meeting, commissioners also voted on an item that protects consumers from AI in robocalls (see 2408070037). “We do not have a tool on par with Amber alerts to raise awareness and assist with recovery efforts of those 18 and older,” Chairwoman Jessica Rosenworcel said of the new Missing and Endangered Persons (MEP) alert code. “I think it would make a difference if we did. Because while only one third of those who go missing are adults, they account for 70% of people who are never found.” Though originally scheduled for Wednesday morning, the meeting’s start time was pushed back nearly three hours due to flight delays that affected Rosenworcel, she said.
The full FCC unanimously granted low-power FM licensee Park Public Radio’s appeal of a Media Bureau decision rejecting the company's modification application in part for being filed a few hours too early, an order released Tuesday said. The item was slated for Wednesday’s open meeting but listed as an “adjudicatory item” on the agenda. The matter concerns Park’s March 3, 2021, application to modify KPPS-LP, St. Louis Park, Minnesota. Its modification would have interfered with another station that was silent for a year and had a license that expired at 3 a.m. the next day, April 1. Another licensee, Central Baptist Theological Seminary of Minneapolis, filed a conflicting application to modify its translator at 9 a.m. on April 1. The Media Bureau originally rejected the Park application and granted Central Baptist's because the silent station’s license hadn’t yet expired when Park filed and the application had short spacing defects. The full FCC ruled that Central Baptist's and Park’s filings were premature, and should have been filed after the MB issued a public notice announcing cancelation of the silent station’s license. The FCC also ruled that the Media Bureau should have allowed Park to amend its defective application. In the past, the agency has acknowledged that previously filed defective modification applications could, if corrected, prevail over later filed nondefective applications, the order said. The order rescinds the grant to Central Baptist and maintains the dismissal of the Park application but allows Park to refile an amended application.
CTIA and the U.S. Chamber of Commerce backed AT&T’s challenge of the FCC's fine for data violations, filing amicus briefs in the 5th U.S. Circuit Court of Appeals. On a 3-2 vote in April, commissioners imposed fines against the three major wireless carriers for allegedly not safeguarding data on customers' real-time locations years earlier (see 2404290044).
Blue Origin hopes to launch its Moon Lander MK1 Pathfinder for an orbital mission around the moon as soon as Q1 2025, it said in an FCC Space Bureau application posted Friday. The Pathfinder cargo lander will carry sensors and cameras; it will collect data and assist with training for Blue Origin's lunar program, the company said.
The full FCC approved a $2.3 million forfeiture against Bronx, New York, pirate radio broadcaster Johnny Peralta, an order released Thursday said. Peralta was operating the pirate station La Mia Radio for years. The Enforcement Bureau initially contacted him in 2018. EB agents have noted La Mia Radio’s continued unauthorized broadcasts ever since, according to a notice of apparent liability in November. Peralta didn’t respond to the NAL, the FCC said. The forfeiture is the maximum allowed under law. “Some of the most egregious pirate radio operations are run by individuals who have ignored prior enforcement actions by the Commission,” the forfeiture order said. “As such, it merits the strongest possible enforcement measures to the fullest extent of the law.” The FCC lacks the power to enforce collecting fines, especially from non-licensees. Only DOJ can bring delinquent forfeiture subjects to court, but broadcasters have told us that the high fine amounts like Peralta’s are expected to make pursuing collection more worthwhile for prosecutors. Peralta couldn’t be reached for comment. The forfeiture order was originally part of the agenda for Wednesday's FCC meeting, though it was listed only as an Enforcement Bureau item, as is typical for enforcement actions. A deletion notice was released late Thursday.
A bipartisan group of senators on Wednesday formally filed legislation that would establish liability for sharing AI-driven content without the original creator’s consent. Sens. Chris Coons, D-Del.; Marsha Blackburn, R-Tenn.; Amy Klobuchar, D-Minn.; and Thom Tillis, R-N.C., introduced the Nurture Originals, Foster Art and Keep Entertainment Safe (No Fakes) Act (see 2310120036). The measure would hold individuals, companies and platforms liable for creating and hosting such content. “Generative AI can be used as a tool to foster creativity, but that can’t come at the expense of the unauthorized exploitation of anyone’s voice or likeness,” Coons said in a statement. The Computer & Communications Industry Association said the bill is “well-intentioned,” but as written it would “undermine Section 230, place limits on freedom of expression, and shrink fair use.” In addition, it lacks provisions protecting fair use and free expression, said Brian McMillan, vice president-federal affairs: “We understand the risks of false information that appears real, as our members deploy many algorithmic tools to identify and respond to deepfakes. This legislation emphasizes liability over support for these efforts.”
Communications Daily is tracking the lawsuits below involving appeals of FCC actions.
The Media and Democracy Project submitted a petition with 25,532 signatures calling for an FCC hearing on whether Fox News' conduct during the 2020 election violated the agency's requirements for broadcast licensees. The item was filed on the one-year anniversary of MAD’s original filing challenging the license renewal of Fox-owned station WTXF-TV Philadelphia and includes signatories from all 50 states, the District of Columbia and Puerto Rico, MAD said. The FCC has not acted on MAD’s petition to deny. “These thousands of signees want satisfaction for the discord Fox has sown, alienating friend from friend and family member from family member over contrivances it pushed to preserve ratings and profits,” the filing said. “While FOX has peppered this proceeding with politicians and sports teams, we have dedicated our efforts to educating everyday Americans about the FCC’s role in determining whether FOX's leadership meets the character expected of a broadcast licensee,” MAD Executive Director Milo Vassalo said. A New York Times article Tuesday reported that Fox Chairman Rupert Murdoch is involved in a court battle with several of his children over changes to the family trust and ownership of Fox. Former Fox and Disney executive Preston Padden, who supports MAD’s petition, said the FCC would have to act if control of Fox is transferred from Rupert Murdoch to one of his sons. Benton Institute for Broadband & Society Senior Counselor Andrew Schwartzman said that while the agency normally resolves license challenges before a transfer of control is complete, it could simply deny the MAD petition or refuse action on the transfer. Fox didn’t comment.
Communications Daily is tracking the lawsuits below involving appeals of FCC actions.
FCC Administrative Law Judge Jane Halprin has ordered broadcast attorney Dan Alpert to explain how he can represent multiple clients whose interests conflict with each other in a hearing. The proceeding involves allegedly false transfers of control of low-power radio and TV stations (see 2310020059). Alpert declined to comment. The proceeding concerns allegations that Antonio Guel transferred stations to his niece, Jennifer Juarez, to avoid including them in a bankruptcy filing, although he remained in control of the stations. Guel’s daughter, Maria Guel, allegedly controls other companies involved in the transaction (see 2402060049). The Enforcement Bureau filed an emergency motion Monday asking for Halprin to take action against Antonio Guel’s attorney, Alpert, after he informed it that he would be representing both Maria Guel and Juarez in depositions scheduled for next week. “Mr. Alpert now represents two witnesses in the case who are likely to provide information that is directly and materially adverse to the interests of his original client, Mr. Guel,” the EB motion said. Halprin cautioned Alpert in February about apparent conflicts of interest in the case. “It is a fundamental rule of practicing law that a lawyer may not represent clients in the same matter whose interests are adverse to each other,” wrote Halprin in Tuesday’s order. While Halprin said that rule can be waived if the parties provide informed consent, the EB argued that some conflicts in this matter can't be waived under DC Bar ethics rules. “The responsibility is on Mr. Alpert to know and adhere to applicable rules of professional conduct,” Halprin wrote. “At the same time, the Presiding Judge must be mindful that the Administrative Procedure Act and the Commission’s rules allow witnesses to be represented by counsel.” The EB “cannot risk incurring the cost of these depositions at the public’s expense only to have Mr. Guel or Ms. Juarez later claim ineffective assistance of counsel and/or otherwise challenge the integrity or validity of this entire proceeding,” the EB said. Tuesday’s order gives Alpert until Friday to respond and “include an explanation of how he reconciles his simultaneous representation of Mr. Guel, Ms. Guel, and Ms. Juarez with applicable rules of professional conduct.”