Monty Tayloe

The FCC will vote this month on providing spectrum for satellite broadband and accessibility in videoconferencing, according to a note from Chairwoman Jessica Rosenworcel Wednesday. The Sept. 26 open meeting will also include items on expanding robocall protections and allowing increased power for digital FM stations, along with seven enforcement items, the note said. The agency typically doesn’t provide information about enforcement items on the agenda until those items have been voted on.

After more than a year of meetings, the NAB-led, FCC-involved ATSC 3.0 task force, the Future of TV Initiative, hasn’t reached consensus on controversial topics, we're told. Its members include broadcasters, cable interests, and consumer and public interest groups. Its first meeting was in June 2023, and it was expected to issue a final report in the fall, yet members told us that it's likely merely to reiterate many of the positions stakeholders held going into the effort. It's also unlikely to provide a firm timeline for the sunset of ATSC 1.0. Just before the initiative's launch, ATSC President Madeleine Noland said the goal was for the diverse group to “chart a path forward together,” and NAB told us the goal was to make concrete recommendations to the FCC by June 2024.

The FCC’s order on broadcasters' collection of workforce diversity data exceeds the agency’s authority, violates the First and Fifth Amendments, and runs afoul of the U.S. Supreme Court’s recent ruling ending judicial deference to regulatory agencies, said a brief from the National Religious Broadcasters, the American Family Association and the Texas Association of Broadcasters. The groups filed the brief Wednesday in the 5th U.S. Circuit Court of Appeals. The order’s requirement that broadcasters make their workforce diversity data available online is intended “to pressure broadcasters to engage in race- or sex-based hiring practices,” it said, concluding that the order “is fatally flawed in multiple respects and should be vacated.” The FCC didn’t comment.

Low-power television broadcasters and NAB don’t think the FCC should broadly apply online public file requirements to LPTV, said a host of reply comments filed in docket 24-147 by Monday’s deadline. LPTV commenters also called for looser relocation limits and power increase options. In addition, LPTV company Venture Technologies argued that the U.S. Supreme Court’s ruling against Chevron deference means the FCC must allow more stations to convert to Class A status. “We believe that the FCC’s failure to allow virtually any new Class A stations for more than two decades is inconsistent with the principles established by the recent Supreme Court decision in Loper Bright Enterprises et al. v. Raimondo,” Venture said.

Supporters of an A-10 high-power Class A FM station designation told the FCC that spacing and interference issues with the proposal are fixable, though some engineers and broadcast groups remain skeptical. Reply comments responding to broadcaster Commander Communications' petition were due Wednesday in docket 24-183. NAB and Cumulus have said the new class would further degrade the FM noise floor (see 2407230035). “Were the Commission to approve the FM Class A-10 classification, Commander believes that hundreds of FM Class A operators would be able to realize improvements in coverage,” the broadcaster said.

The FCC’s Communications, Equity and Diversity Council may lobby for affordable connectivity program funding, according to comments at Tuesday’s CEDC meeting, the second under a new charter that lasts until 2025. The CEDC has 10 months to prepare recommendations for the FCC on implementing digital discrimination rules and getting the most for underserved communities out of federal broadband infrastructure funding, Chair Heather Gate said. “We must make recommendations to the FCC directly, but we should not be afraid to make recommendations that the FCC can communicate with other agencies,” Gate said. “We may also ask the FCC to communicate our recommendations with the White House or Congress."

The Democratic Party’s switch to Vice President Kamala Harris as its candidate for the White House is expected to provide a huge boost to broadcasters’ political advertising haul from the 2024 election, TV and radio executives said during recent Q2 earnings calls. Broadcasters also see sports returning to traditional airwaves, and Nexstar CEO Perry Sook predicted pay TV is arriving at an “inflection point” that could arrest plummeting subscriber numbers and drooping retrans dollars. Outgoing Tegna CEO Dave Lougee disagreed during what he said would be his final earnings call before retiring. “The innings of net retrans as the growth driver have certainly come to the later stages,” he said. Mike Steib will succeed Lougee next week.

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 FCC’s draft order that would create an additional alert code for missing and endangered adults will gain unanimous approval during Wednesday’s open meeting, agency officials told us. The item received widespread support from alerting officials, industry trade associations and indigenous groups. The final order is expected to have changed little from the draft version, an FCC official said. While the new alert code will be used for any missing person older than 17 with special needs and circumstances or who is endangered, abducted or kidnapped, it's aimed at addressing the rising problem of missing and murdered indigenous people, the FCC has said. Speaking at an indigenous women’s event Wednesday, Rosenworcel said the item will gain approval and credited Native groups for the proposal. “The action the FCC is taking next week is in direct response to a call sent out by Native communities after enduring a crisis of the missing for far too long,” she said. The code will be “a really powerful tool," said Loris Taylor, president of Native Public Media (NPM) and an advocate of the new code.

The FCC shouldn’t apply online public information file (OPIF) requirements to low-power television stations, LPTV groups, NAB, the National Religious Broadcasters, Gray Television and numerous individual broadcasters say in comments filed in docket 24-147 posted by Wednesday.