Oral argument in the legal challenge against the FCC’s collection of workforce diversity data is “tentatively scheduled” for the week of Feb. 3, said a notice from the 5th U.S. Circuit Court of Appeals in docket No. 24-60219 Friday. The National Religious Broadcasters, the American Family Association and the Texas Association of Broadcasters have argued that the FCC’s February equal employment opportunity order is unconstitutional and outside the agency’s authority, while the agency has said collecting the data and making it publicly available will improve diversity in broadcasting (see2410210044).

The FCC should hold a hearing on Fox WTXF Philadelphia’s license to distinguish it from President-elect Donald Trump's recent attacks on broadcast licenses and establish a “bright-line test” on when such sessions are required, said the Media and Democracy Project in informal comments posted Tuesday in docket 23-293. The WTXF case, which stems from a court finding against Fox, is “easily distinguishable from routine complaints by politicians about the political slant of a particular channel or network's political slant or classic journalistic prerogatives,” said the MAD filing. Commissioner Brendan Carr's recent comments suggesting that as chair he will take up complaints against ABC and CBS over their content “illustrate the importance of this commission adopting a more clear bright line test that invokes the character provision of the Communications Act only after there has been a judicial finding,” MAD said. Although MAD acknowledged that lawmakers have asked Chairwoman Jessica Rosenworcel to refrain from addressing controversial matters until the new administration is in office (see 2411080048), the group argued that holding a hearing wouldn’t violate that request. “For the FCC to hold a hearing regarding a broadcast license applicant recently found by a court of law to have knowingly and repeatedly presented false news is certainly not controversial,” MAD said. However, multiple lawmakers have asked that the FCC deny MAD’s petition (see 2402260064) and Commissioner Nathan Simington has characterized the hold on WTXF’s license as an “intentional and unwarranted political delay," MAD said (see 2409130062). “Failing to hold a hearing under these circumstances would be tantamount to declaring the character requirement of the Act no longer applicable.” Carr and Fox didn’t comment.

SpaceX CEO Elon Musk, whose connection with President-elect Donald Trump may result in him leading a government efficiency effort (see 2411080033), said Tuesday the federal government should consider ending funding for NPR. Top GOP lawmakers raised concerns earlier this year about continued federal NPR funding in response to claims of pro-Democratic bias at the broadcast network (see 2405070044). Musk’s defunding call cited a 2021 video clip of now-NPR CEO Katherine Maher saying “our reverence for the truth might have become a bit of a distraction that is preventing us from finding consensus and getting important things done.” Maher didn’t become NPR CEO until March this year. Musk asked “should your tax dollars really be paying for an organization run by people who think the truth is a ‘distraction’?”

The FCC’s expedited review of Audacy’s bankruptcy restructuring and quick acceptance of applications for Skydance’s proposed buy of Paramount Global highlight “the disparate treatment” of Standard General in its failed purchase of Tegna, Standard said in a filing in U.S. District Court for the D.C. Circuit Friday. Standard’s filing argued that the court should deny motions to dismiss its lawsuit against the FCC, Allen Media CEO Byron Allen and several unions and public interest groups. Standard has argued those entities conspired to block its purchase of Tegna. The Media Bureau accepted applications from Skydance to buy Paramount Global in eight days, while it took 48 to accept Standard’s initial filings to buy Tegna, the motion said. The Paramount transaction involves private equity, similar to Standard’s deal, and is widely expected to prompt job cuts, the filing said. “The straw objectors from the Standard General-TEGNA proceedings have not objected to the Paramount deal,” the filing said. The FCC didn’t require Audacy to show that its transaction wouldn’t lead to job cuts, while it highlighted possible newsroom cuts in Standard/Tegna, the filing said. “The FCC’s recent approval of the license transfers in the Audacy matter confirms to me that the FCC is applying its rules arbitrarily and unlawfully, leaving me with even less confidence that I will be treated fairly and lawfully when I next appear before the FCC,” said Standard founder Soohyung Kim in a declaration filed with the court. “Seeing the different treatment between that matter and the Standard General-TEGNA transaction review has left me to believe that FCC review turns more on who the owner is than on the nature of the transaction.”

A federal court denied the preliminary injunction sought by an abortion rights group against Florida to protect TV stations airing abortion rights ads from prosecution by the state’s Department of Health (see 2411050026). Though U.S. District Court for Northern Florida Chief Judge Mark Walker previously granted a restraining order that protected the stations from DOH, he ruled Wednesday that Floridians Protecting Florida didn’t show that it faced likely prosecution with the end of the ad campaign on Election Day. The record supported a limited temporary restraining order to prevent the DOH “from unconstitutionally coercing broadcasters” in the run-up to voting, but FPF “has identified no evidence in this record demonstrating that television broadcasters will continue to be unconstitutionally coerced,” Walker wrote. “Unsurprisingly, the Department of Health has recognized that it is aware of no actual harm resulting from Plaintiff’s political advertisement,” and “the mere possibility of some future enforcement action premised upon an unknown future harm” isn’t enough justification for a preliminary injunction, Walker said. Along with denying the injunction, the order also dissolves the restraining order. FPF and the Florida DOH didn’t comment.

The Florida Department of Health could still prosecute abortion-rights group Floridians Protecting Freedom or stations airing its ads after Election Day, so a preliminary injunction is needed, the group told the U.S. District Court of the Northern District of Florida in supplemental filings Tuesday (see 2410290028). The court last week requested supplemental briefs from both sides on whether an injunction would be needed after Election Day and whether the case is now moot because Florida voters that day would be deciding the fate of the amendment that FPF’s "Caroline" advertisement supported. “Even if FPF no longer actively airs ‘Caroline’ via broadcast stations, ‘Caroline’ will continue to be available to the public online; FPF cannot put that speech back in a box,” FPF said. However, “The risk of post-election enforcement appears quite unlikely,” said the Florida Department of Health. The Florida DOH has said it isn’t planning to prosecute TV stations airing the ad, and would do so only if it finds that the ad's message harmed a Florida citizen. The ad says that abortions aren’t available in Florida to save the life of the mother. “FPF raises the specter that the presence of its advertisement online might somehow trigger a belated enforcement action,” the Florida DOH said. “But such a fear is misplaced.” Television “is unique in its ability to reach a captive audience,” the state said. Florida “has never taken the position that it would consider mere publication of the ‘Caroline’ commercial online a sanitary nuisance in Florida,” the state said. “The context and circumstances are entirely different.” In addition, Florida said the case isn’t moot while the ads air on TV but will become so after the election. “It is no answer to suggest that there is some lingering possibility of enforcement in a different, future context,” the state said. “Any risk of enforcement-related harm is highly speculative.” After the election but before the current temporary restraining order against the state expires Nov. 12, Florida will file supplemental materials with the court on whether it has found harms that would trigger prosecution, the state said. FPF said that Florida continuing to “defend the Department’s ability to enforce sanitary nuisance laws as applied to FPF’s speech is itself reason to conclude that this case is not moot.”

Florida Surgeon General John Ladapo and Floridians Protecting Freedom must each file supplemental briefs on whether a preliminary injunction against the state will be needed after Election Day, said an order in U.S. District Court for Northern Florida Tuesday. The injunction, which FPF requested, would bar the state from taking legal action against TV stations running FPF’s campaign ad, which supports a state constitutional amendment limiting Florida from restricting abortions (see 2410290028). At Tuesday’s hearing, FPF said it would cease running the ad after the election, while the state said that it doesn’t plan to bring an enforcement action against stations now but it could later if it finds the ad harmed a Florida resident. Tuesday's order calls for Florida to file a supplemental brief on whether FPF’s claim is now moot, and for FPF to file a supplemental briefing showing that it would still face irreparable harm without an injunction. Both briefs are due Friday, and each side has until Monday to respond to the opposition’s brief, the order said.

Audacy filed a petition for a declaratory ruling asking that the FCC permit foreign ownership of up to 49.99% of the company’s equity and voting interests and specifically approve an investor group of non-U.S. entities that would own more than 5% of the broadcaster. The Sept. 30 FCC order, (see 2409300046) granting Audacy permission to complete its bankruptcy restructuring before going through the agency’s foreign-ownership process, required that Audacy file its foreign-ownership petition within 30 days. A petition for reconsideration of that order was filed Tuesday (see 2410290054). The American company, Laurel Tree Opportunities, would remain Audacy’s single majority shareholder, according to Audacy’s petition. Funds associated with George Soros own Laurel Tree, which drew attention to Audacy’s initial foreign-ownership filing. “For avoidance of doubt, the group of non-U.S. equity holders for which specific approval is sought is entirely unrelated to Laurel Tree; Laurel Tree does not have any foreign ownership,” the petition said. After FCC approval of the foreign-ownership request, “foreign individuals and entities are expected to hold in the aggregate approximately 27.2 percent of the equity and approximately 31.4 percent of the voting interests in Audacy,” the petition said. “Reducing barriers to further investment in Audacy, including by allowing the company to pursue additional capital from non-U.S. investors, will enable it to allocate additional resources to programming and other initiatives.” The foreign ownership of Audacy “is held by several unrelated investors” who won’t have an attributable interest in Audacy and “as such would not be in a position to influence the company’s programming, access personal data, or play an active role in any of its station or related operations.”

A temporary restraining order barring the state of Florida from threatening TV stations over campaign ads related to abortion has been extended for 14 days, said an order Tuesday in the U.S. District Court for Northern Florida (see 2410180050). The restraining order was set to expire Tuesday, the same day as the hearing for a preliminary injunction that would similarly bar the Florida Department of Health (DOH) from acting against TV stations running the ads. The group behind the ads, Floridians Protecting Freedom, requested both the restraining order and the preliminary injunction. The ads support an amendment to Florida’s constitution that would bar the state from limiting abortions, but DOH has argued that they pose a health nuisance by spreading inaccurate information about the state’s abortion policies. Chief Judge Mark Walker extended the restraining order to allow more time for him to rule on the preliminary injunction, Tuesday’s order said. “The parties’ briefing and the arguments raised at the hearing on the motion for preliminary injunction identified new issues with respect to Plaintiff’s claims, which this Court must consider before ruling on the pending motion,” the order said. Neither the state nor Floridians Protecting Freedoms objected to the extension, the order said. The TRO will now expire Nov. 12 or when the court rules on the preliminary injunction, whichever is sooner, said Tuesday’s order.

The FCC identified tentative selectees in three groups of mutually exclusive applications for noncommercial educational FM construction permits from the November 2021 NCE window, according to an order approved Monday. The order was approved 4-0. Commissioner Anna Gomez recused herself from the item, her office told us. New Beginnings Movement was selected for a permit in Seymour, Indiana, Vida Ministry for a permit in Texas, and Optima Enrichment and Waterloo Christian Radio to enter a time-sharing agreement for a permit in Wisconsin.