FCC Commissioner Brendan Carr is “leaning” toward a plan to loosen radio subcap limits that leave some limits in place in cities but open up ownership limits in smaller markets, he said at a Federalist Society luncheon Tuesday. Carr said he hasn't made a final decision. He acknowledged the plan proposed by NAB and described in the 2018 ownership quadrennial review NPRM is “consistent” with where he's leaning.
An NPRM on equal employment opportunity enforcement offered by FCC Chairman Ajit Pai to satisfy concerns raised by Democratic commissioners doesn't go far enough to solicit diversity data, said Commissioners Jessica Rosenworcel and Geoffrey Starks in statements released with the approved item Friday. Though the NPRM in docket 19-177 was first proposed as a compromise offering to Starks and Rosenworcel (see 1902140053), both voted “concur” on the item. “I asked that we include language in this item to refresh the record on this languishing EEO data collection,” said Starks. “Unfortunately, my request was denied.” The item seeks comment on the FCC's track record on EEO enforcement and on whether it should be improved. ”What elements of the Commission’s EEO enforcement program are effective?” the NPRM asked. It seeks comment on modifying the EEO audit program to ensure that hiring decisions aren't made before jobs are widely posted. The NPRM is “unduly narrow,” said Rosenworcel. It “neglects to inquire about data that will help inform our work to modernize these policies,” she said. Starks unsuccessfully asked the item include a Further NPRM on collecting EEO data through Form 395-B. Pai said he has constitutional concerns about collecting such data. Looking into EEO enforcement was proposed in filings from a collection of 33 diversity groups, but the NPRM doesn't explicitly seek comment on some proposals from those filings. The diversity groups proposed the agency focus first on identifying companies using word-of-mouth recruitment and then require the Form 395-B data collection only from companies that had already been found to be violating EEO rules.
The FCC should prevent government dollars from funding broadband buildout in areas with a provider offering 10 Mbps downstream and 1 Mbps up, recommended the Advisory Committee on Diversity and Digital Empowerment in the final vote at the last meeting of its current charter Monday. The group will be rechartered (see 1906110048). The “2.0” version is expected to begin meeting by the fall, said the committee's Designated Federal Officer, Jamila Bess Johnson, in an interview. The agency is “well into the process of rechartering and soliciting new members,” said FCC Chairman Ajit Pai in a videotaped message.
The current FCC is unlikely to consider the national TV ownership cap or further relax broadcast ownership rules, said Gray Television Chief Legal and Development Officer Kevin Latek on a panel of broadcasting executives Thursday at S&P Global's Kagan Media Summit. The agency will “accomplish essentially nothing” between now and 2020, Latek said. Things could be different “next time” if the Republicans retain the White House, Latek said in New York, though “we'd probably need a new chairman.” The FCC didn't comment.
Revisions to the application process for noncommercial educational broadcast licenses and low-power FM stations shouldn't treat boards of such stations as owners (see 1905210069), said 54 NCE TV and radio licensees, among replies posted in docket 19-3 through Wednesday. The group includes universities and state educational authorities. The idea that a government agency or public university is owned by its governing board is ”conceptually misguided,” they said. Don't change much about the current process for handling mutually exclusive LPFM applications, said Center for International Media Action's sole staffer Pete Tridish. “You're doing great, FCC!” Allowing groups to band together to make their applications more viable encourages working together and helpful behavior, he said: “A system where groups can win by being nice and respectful, rather than buying a victory with lawyers and engineers and consultants: that is a treasure.” The FCC should improve policies requiring site assurances to prevent gamesmanship by applicants, said LPFM group REC Networks. Don't allow applicants to get around rules barring former radio pirates by changing board members, REC said.
The FCC's draft kidvid order increases the flexibility of when children's television content can be aired, allows more multicast content to satisfy the requirements, gets rid of the now-obligatory E/I symbol for noncommercial stations, and expands the options for broadcasters to preempt children's content for live events, as expected (see 1906180080). Also on the July 10 agenda is a declaratory ruling to pre-empt part of a 2016 San Francisco ordinance that requires sharing of in-use multi-tenant environment (MTE) building wiring. A draft order and Further NPRM and a related draft NPRM would largely follow a joint NAB/NCTA proposal for updating cable carriage election notification rules and propose rules for other MVPD electronic notifications based on America's Communications Association advocacy.
Marshall Broadcasting asked for a hearing designation order against Nexstar over allegations the broadcaster exerted undue control over stations owned by Marshall and prevented the smaller broadcaster from getting financing, said a complaint filed with the FCC last week. Marshall in April filed a lawsuit against Nexstar over similar allegations in New York Supreme Court (see 1904030071).
The FCC will consider proposed revisions of its kidvid rules at the July 10 commissioners’ meeting, as expected (see 1906170040), blogged Chairman Ajit Pai Tuesday. “This update of our rules is long overdue.” Though specifics on the content were scant, Commissioner Mike O’Rielly cast it as emphasizing compromise. “While there may a strong case for even further reforms, this item reflects sound and defensible policymaking,” he said. Along with items related to 5G and wireline items on multiple tenant rules, telehealth and broadband forbearance (see 1906180053), the agency will consider rules on electronic notifications by cable companies.
An FCC order on kidvid could be on the agenda for commissioners' July 10 meeting but remains a moving target. An expected NPRM on equal employment opportunity enforcement (see 1904290176) has been voted on and will be released ahead of the meeting. That's what broadcast industry, child advocacy and FCC officials told us.
The full FCC clarified expectations for market modification petitions. An order released Thursday overturns the Media Bureau’s reasons for granting four market modification petitions filed by “orphan county” La Plata, Colorado. But it affirmed the bureau’s final decision granting them. This issue had attracted media and congressional notice.