An agreement between T-Mobile and PBS for the wireless company to pay for PBS low-power facilities displaced by the incentive auction to move to new channels isn’t seen as likely to pave the way for other large-scale agreements whereby wireless companies fund large numbers of broadcaster relocations, translator and low-power TV industry officials told us. There isn’t another large, “one-stop-shop” entity that owns hundreds of translators, said Jim McDonald, former president of the National Translator Association.
The FCC draft order on video description is expected to receive little industry pushback and to be approved by all three commissioners, industry attorneys and an agency official told us. Though the item won’t increase the amount of described video to the degree that a previous draft nearly approved under the previous administration late last year would have (see 1611160048), consumer advocacy groups welcome the action. The draft is “a very good thing,” said American Foundation for the Blind Public Policy Director Mark Richert. “What a shame it is that this couldn’t be done months ago.”
Some recent court decisions have “nibbled away” at the concept of Chevron deference, attorneys from the FCC Office of General Counsel said at an FCBA CLE Monday evening. The legal principle that courts should give deference to expert agencies on matters of interpreting legislation is “in flux,” said Litigation Division Chief Jacob Lewis. “Chevron lives, it’s still healthy,” Lewis said, but the doctrine is facing “more serious challenges.
The FCC proceeding on media deregulation likely will focus on “underbrush” rather than big ticket, controversial items, attorneys in the pay-TV and broadcast spheres told us. Though lawyers on both sides told us they expect broadcasters to file comments seeking media ownership deregulation and pay-TV entities to target retransmission consent, it won’t be with much expectation of a response. Indications from the commission are that small, outdated rules are the planned focus of this proceeding, and where media entities expect to find success, attorneys told us. Lawyers expect a wide-ranging host of comments.
Commissioners unanimously approved an NPRM Thursday, seeking comment on creating a new emergency alert system code for situations when police officers are in danger. The FCC is “uniquely positioned” to support police officers and “help save lives,” said DOJ Deputy National Blue Alert Coordinator Vincent Davenport, who addressed the commissioners before the vote. The item is “a significant step forward in protecting the lives of law enforcement officers,” Davenport said. “We are not just advancing a policy,” said Chairman Ajit Pai. “We are affirming a principle: that we have a collective responsibility to protect and serve those who protect and serve us.” Though the final draft of the NPRM wasn’t released, a news release and comments from the Public Safety Bureau indicate it changed little from the draft released about three weeks earlier. The item seeks comment on creating a new EAS code that will be used to inform the public in situations where an officer has been injured, killed or is under threat, and descriptive information about a suspect is available to disseminate to the public, said bureau staff. “A Blue Alert could quickly warn you if a violent suspect may be in your community, along with providing instructions on what to do if you spot the suspect and how to stay safe,” the release said. Some states have Blue Alert systems, and the proposed rules would create a “national framework” that states can opt into, Pai has said. Some EAS officials said it’s not clear there’s a need for an additional EAS code (see 1706190080).
The retirement of an FCC security official involved in a physical altercation with a reporter last month was announced at commissioners' meeting Thursday, where new security policies involving the news media were put into effect. The retirement of Administration Security Operations Center Head Fred Bucher was planned before the May incident with CQ Roll Call Senior Writer John Donnelly and isn’t related, an FCC spokesman told us. Reporters covering the June meeting were for the first time issued bright orange badges marked “PRESS,” and the event included a noticeably more visible security presence, similar to what was in place last month when the commission considered controversial agenda items involving net neutrality.
The broadcaster spectrum consortium based on ATSC 3.0 started by Sinclair and Nexstar is accepting new member groups as both “affiliates” and “founders” and is in negotiations with “a ton” of prospective member groups, said Sinclair CEO Chris Ripley at a Media Institute event Tuesday.
A proposed Blue Alert emergency alert system code for law enforcement officers in danger (see 1705190048) could unnecessarily duplicate things the EAS can do and may not be utilized by many broadcasters, EAS officials said in interviews. “This may be a solution looking for a problem,” said Ed Czarnecki, senior director-global government affairs for EAS equipment manufacturer Monroe Electronics. DOJ’s Community Oriented Policing Services (COPS) Office has said the new BLU EAS code would increase urgency of response to such alerts. The COPS Office requested the dedicated alert code, the draft NPRM said.
Broadcasters are confident the national ownership cap will be relaxed, ownership rules will be rolled back, and broadcasters will continue to grow through M&A, said panelists at S&P Global Market Intelligence’s TV & Radio Finance Summit Thursday in New York. “Consolidation will continue,” said Nexstar Broadcasting President Tim Busch. “Consolidation has to happen,” said Heartland Media CEO Robert Prather. “There’s got to be somebody like Sinclair and Nexstar that has the clout” to push back against the more powerful networks, Prather said. There have been $4.3 billion worth of deals so far in 2017, compared with $5.2 billion in 2016, said S&P Global analyst Robin Flynn: “We anticipate seeing strong M&A momentum.”
The U.S. Court of Appeals for the D.C. Circuit rejected public interest groups’ request for an emergency stay of the FCC’s restoration of the UHF ownership discount, and ended the administrative stay of the rule (see 1706070053). “Petitioners have not satisfied the stringent requirements for a stay pending review,” said the order issued Thursday. “This is not very surprising, since stays are rarely granted. However, it is extremely disappointing,” said Georgetown Law Institute for Public Representation Senior Counselor Andrew Schwartzman, who represented Free Press, the National Hispanic Media Coalition, Prometheus Radio Project and the others in the case. Since the restored discount’s effective date of June 5 passed during the administrative stay, the rule is effective immediately, an FCC spokesman said: “We are pleased by the court's decision.”