Repacking delays won’t get worse in later phases as broadcast gear manufacturers claimed, said FCC Media Bureau Video Division Chief Barbara Kreisman at an FCBA Mass Media Committee event Tuesday. She said the FCC has been doing all things representatives from Dielectric, Stainless and other companies suggested, and the agency’s actions will prevent delays from snowballing down the line. “All their suggestions for flexibility are things we’re already being flexible on,” Kreisman said.
The FCC is on track to issue a reimbursement plan for low-power TV, translators and FM stations in March, said industry lawyers. A public notice and progress report Monday announced allocation of additional repacking funds and reported the repacking is “ahead of schedule.” Broadcast officials told the Incentive Auction Task Force last week that repacking delays are worsening and could degrade further due to a lack of tower crews (see 1902080059).
A compromise FCC kidvid rule revamp is looking more likely, given several recent developments. Industry officials believe Democratic control of the House could be a factor, and not all of the proposals in the NPRM will make it to the final order. Commissioner Mike O'Rielly, who led the proceeding, "is looking for a compromise that provides flexibility for broadcasters and benefits children," said an aide. Broadcasters are unlikely to get “everything they want,” one lawyer said.
Nexstar proposed divesting stations in 11 overlap markets for its anticipated buy of Tribune. It's seeks one top four showing for an existing combination, in the application posted Tuesday.
Chairman Ajit Pai and Commissioner Jessica Rosenworcel criticized the shutdown’s effect on FCC staff at an agenda-less January commissioners’ meeting -- the first for new Commissioner Geoffrey Starks (see 1901030042). “This past month has been trying for everyone at the FCC,” said Pai. Staff lived under “a cloud of uncertainty” during the government-funding impasse, he said.
AM broadcasters and engineers differ on specifics of how the FCC should change interference protections for AM stations but want fast action, in comments in docket 13-249. Comments originally were due Jan. 22. Now, the agency moved the deadline to Feb. 8 (see 1901290043), said a public notice Tuesday.
The FCC is transplanting its former Wednesday agenda to the February commissioners’ meeting and moving that Feb. 21 meeting up by a week to take place before the Feb. 15 end of the continuing resolution funding the government, said a tentative agenda Tuesday morning.
The FCC asked the 3rd U.S. Circuit Court of Appeals to pause the briefing schedule on the 2014 quadrennial review order. With the shutdown to end soon, it wasn’t clear Friday how the court will respond. President Donald Trump reached a deal on a continuing resolution to reopen shuttered parts of the government through Feb. 15, which Congress was expected to have approved as soon as Friday night (see 1901240016). “Out of an abundance of caution, the Commission respectfully requests that the Court stay the briefing schedule until appropriations have been restored by Congress to the FCC" and DOJ, said an unopposed motion Thursday (in Pacer). The FCC’s respondent’s brief is due Feb. 14. The agency had asked that the schedule be resumed when federal funding does, and the 3rd Circuit then grant extension. Now, it's not clear if the court will grant the stay or extension, said Georgetown Law Institute for Public Representation Senior Counselor Andrew Schwartzman. If extension is granted, it would likely cause the other briefing dates in the case to be pushed back, Schwartzman told us.
The shutdown is having immediate FCC consequences in the form of delayed filing deadlines and shuttered websites. It could also ripple out to delay expected rule changes for 2019, industry officials told us this week. Since staff isn’t available, expected early-2019 policy decisions on kidvid and rate regulation, court cases and progress of deals such as T-Mobile buying Sprint are considered likely to be delayed.
The FCC will hold a scheduled commissioners’ meeting Jan. 30, without the planned agenda items, said a public notice Wednesday (see 1901230035). As expected (see 1901180015), the meeting will instead consist of “announcements only,” the agency said. The FCC didn’t comment on whether the January agenda items would be pushed to a future meeting or approved on circulation. Details of the meeting depend on how long the shutdown lasts, the PN said. If the shutdown ends and the FCC “resumes normal operations” before Tuesday, the meeting will be held, as usual, in the Commission Meeting Room. If the shutdown continues through Tuesday, it will be conducted over conference call, the PN said. If the meeting is held via call, the public can listen in on an audio-only feed by calling 866-233-3841, pass code 463377, the PN said. “Call-in capacity may be limited depending on the volume of call.” In either scenario, the start time was moved to 11 a.m. "This could very well be one of the FCC's most productive meetings," cracked ex-Commissioner Robert McDowell in response. “Given the length of the shutdown so far, proceeding with the announced agenda wasn’t possible, even if the Commission were to resume operations soon,” emailed telecom attorney Steve Augustino of Kelley Drye. “The option of a delay could crowd the February meeting, so this is the only practical solution.” Use the agenda-less meeting to provide guidance on priorities after operations resume, he recommended. “The agency should signal what will be tackled first,” he said. “We have quite a backlog of work that is piling up, and there could be a flood of calls and filings on the first day of normal operations.”