An NPRM on technical changes to low-power FM rules is considered noncontroversial. It doesn’t go as far as some LPFM stations would like, LPFM industry officials and broadcast attorneys who represent full-power stations said in interviews. Since the NPRM doesn’t tee up previously contentious proposals to increase LPFM power levels (see 1807230039), it's unlikely full-power broadcasters will be concerned with it, broadcast attorneys said. REC Networks founder Michelle Bradley said in posts on her website she wishes for more expansive rule changes but supports all the NPRM’s proposals.
The FCC’s Aug. 1 commissioners’ meeting will be headlined by proposed rulemakings on robocalls and the Rural Digital Opportunity Fund, per the tentative agenda and drafts released Thursday late afternoon. Members will vote on an NPRM on low-power FM technical rules, orders on 911 location and small satellites, plus items on a toll-free number auction and local franchising authority over cable.
The FCC voted 3-2 along party lines Wednesday to approve a kidvid order that was little changed from the draft version released last month, as expected (see 1907090069). Commissioners Jessica Rosenworcel and Geoffrey Starks condemned the order. “There is nothing in this item that would prevent a broadcaster from reducing the amount of regularly scheduled, 30-minute core programming aired on its primary stream to zero,” Starks said.
The draft kidvid order is expected to be approved on a 3-2 party line split at Wednesday’s commissioners’ meeting, and will be little changed from the draft version released last month, FCC and broadcast industry officials said in interviews Tuesday. No substantive edits had been made to the item Tuesday afternoon, FCC officials told us. Commissioner Mike O’Rielly published an opinion column in The Hill Tuesday touting the order as “a reasoned and balanced compromise,” adding to the perception that last minute changes to most aspects of the order are unlikely. “It appears that the decision is a fait accompli,” said Parents Television Council President Tim Winter in an interview Tuesday. PTC has opposed the FCC’s kidvid proposals.
The intensifying 2020 presidential race could affect FCC policymaking as the election gets much closer, industry and former officials told us, though they don’t all agree on what the effect will be. Some expect the agency and Chairman Ajit Pai to seek to avoid headline-grabbing rulemakings that create ammunition for President Donald Trump’s opponents. Others expect Pai to push his agenda to get policies approved while Republican control of the agency is certain.
No changes to the draft kidvid order have been suggested by FCC eighth-floor offices, said agency officials. And broadcast attorneys don’t expect much movement on the item before the July 10 commissioners' meeting. The FCC’s Democrats are expected to oppose the order. Though Commissioner Mike O’Rielly has described the item as “balanced,” the two sides appear far apart.
Localities and broadcasters have many options to offer some multilingual emergency alerts, but none is comprehensive, and federal rules requiring them are unlikely to help, said alerting officials Friday during the FCC Public Safety Bureau's Multilingual Alerting Workshop. “There's enough toys in the toy box, let us fit them together,” said Sage Alerting Systems President Harold Price on the event's final panel. “Multilingual still has a long way to go, but there are still things you can do,” said Public Safety Bureau Attorney Adviser David Munson.
A Media Bureau investigation into Sinclair Broadcast over allegations of a lack of candor first raised during the Sinclair/Tribune deal (see 1808090042) discussion could be a prelude to a possible settlement or lead to another hearing proceeding, said broadcast attorneys.
The Supreme Court's 9-0 opinion in Kisor v. Wilkie upholds the doctrine of Auer deference, under which courts defer to regulatory agencies to interpret their own ambiguous regulations. Kisor involves a disabled Vietnam War veteran challenging a ruling by the Department of Veteran’s Affairs on the administration of his disability benefits. FCC General Counsel Tom Johnson didn’t comment on the decision Wednesday. He said in May (see 1905150060) the FCC was following the case, but the agency didn’t often rely on the sort of informal guidance generally covered by Auer. “When it applies, Auer deference gives an agency significant leeway to say what its own rules mean,” said Justice Elena Kagan in the majority opinion. “But that phrase ‘when it applies’ is important -- because it often doesn’t.” Kagan’s opinion lists a variety of situations where Auer shouldn’t be used. In a separate opinion joined by Justices Clarence Thomas, Samuel Alito and Brett Kavanaugh, Justice Neil Gorsuch agreed with the majority's judgment but said the court should have done away with the doctrine entirely, and that it eventually will. Calling the ruling “a stay of execution” rather than a pardon, Gorsuch said the court will have to rule on Auer again. In their separate opinions, Kavanaugh and Roberts both noted the court’s ruling on Auer doesn’t touch the issue of whether courts should defer to agency interpretations of congressional statutes, a matter which is close to the doctrine of Chevron deference. The opinions are another sign the court could look at Chevron deference, which if overturned could mean the FCC is “out of business,” one broadcast attorney told us.
The FCC didn't sufficiently explain the reasoning behind many of its proposed FY2 019 regulatory fee changes (see 1906100049), said NAB and several satellite industry commenters in replies posted in docket 19-105 Tuesday. “The NPRM, in its current form, does not provide companies subject to regulatory fees a meaningful basis on which to comment in this proceeding,” said the Satellite Industry Association. Satellite companies don't have the information they need to understand the fee calculation methodology, said Intelsat License and SES Americom. Satellite companies shouldn't be charged differently than other media industries, said America’s Communications Association and NCTA. “Once again, AT&T and DISH rely on flawed reasoning and discredited arguments to attempt to justify a regulatory fee schedule that would perpetuate the preferential treatment DBS operators receive over other MVPDs,” the cable groups said. “The NPRM does not explain significant changes in regulatory fees for both satellite and VHF television stations,” said NAB. The association said the NPRM contains insufficiently justified hikes for radio stations, based on flawed data. Hubbard Broadcasting said the satellite TV station increase is “contrary” to the FCC's historical treatment of satellite TV stations and will impose “an unwarranted burden” on broadcasters. Intelsat supported a proposal from NAB to apply regulatory fees to a wider swath of entities, including those that don't have licenses. CenturyLink disagreed with the SEA-US Licensees and the North American Submarine Cable Association which said the FCC shouldn't increase fees on the submarine cable industry. "Align submarine cable fees with the benefits provided to submarine cable operators from the Commission’s activities,” asked NASCA.