Sens. Ted Cruz. R-Texas, and Ed Markey, D-Mass., sent letters Friday cautioning automakers that have removed or plan to remove AM radio receivers from their cars, said an NAB news release. “Preserving AM radio not only aligns with the growing recognition of its significance but also demonstrates a commitment to public safety and meeting consumer expectations,” said the letters to BMW, Tesla, Mazda, Volkswagen, Polestar, Volvo and Rivian. “We request that you respond to this letter with a commitment to keep AM radio in all your new vehicles.” Markey and Cruz are authors of a bill to require AM reception and playback in all new cars (see 2306060088). “We urge your firm to reconsider any plans to remove AM radio from your vehicles,” said the letter sent to BMW. The letters request responses from the automakers by July 7.

The FCC unanimously approved an ATSC 3.0 order and Further NPRM moving the substantially similar and physical layer sunsets to July 17, 2027, and seeking comment on the 3.0 patent marketplace (see 2306210051). The agency will “initiate a review approximately one year before the requirement is set to expire to seek comment on whether it should be extended based on marketplace conditions at that time,” the order said. The order also clarifies the agency’s stance on hosting multicast channels and allows such arrangements to be approved through license modifications, permits lateral hosting arrangements authorized through special temporary authority, and says the agency doesn’t believe market forces are enough to prevent broadcasters from leaving some 1.0 viewers behind. “Some broadcasters state that they have every incentive to ‘maximize’ viewership, but those arguments more correctly appear to focus on maximizing profits, which will not necessarily support the needs of [over-the-air] OTA 1.0 viewers for the length of the transition,” said the order. The originating station and not the host station is responsible for regulatory compliance for multicast streams in ATSC 3.0 sharing arrangements, and noncommercial educational stations are allowed to participate in such arrangements, the order said. “We find that departing from our licensing regime is appropriate because it is limited to the temporary broadcast transition to 3.0 and to specific situations for which there is a clear need,” the order said. In the FNPRM, the agency seeks comment on the ATSC 3.0 standard essential patent (SEP) marketplace, and on whether patent holders are licensing them under the “reasonable and non-discriminatory (RAND) terms” required by the Advanced Television Systems Committee. “We seek additional comment on the state of this market, particularly from the perspective of parties, or the representatives of parties, that do not hold SEPs but have licensed or attempted to license them,” said the FNPRM. “Are SEP holders complying with the ATSC RAND requirements?” "The steps the Commission has taken today -- to facilitate the hosting of multicast programming and provide an end date to a rule mandating identical ATSC 1.0 and 3.0 broadcasts -- will help make that transition possible," said NAB in a release.

The FCC Media Bureau will open a filing window for new low-power FM stations Nov. 1-8, said a public notice in Thursday’s Daily Digest. “This will be the first LPFM filing window since 2013, and we encourage potential applicants to begin familiarizing themselves with the application process,” said the PN. “The Bureau will provide detailed information about filing procedures and requirements by public notice in advance of the filing window.” LPFM advocate Rec Networks expects the window to be accompanied by a freeze on LPFM modifications, likely 30 to 60 days before the window opens.

Gray Television and Paramount Global reached a deal to renew all of Gray’s CBS network affiliations, which cover 52 markets, said a Gray news release Thursday. “Gray’s CBS affiliates will continue to be available locally to subscribers on Paramount+ and widely distributed across all traditional and virtual MVPD platforms,” the release said. Gray is the largest independent owner of CBS affiliates in the country, the release said.

A Hawaii broadcaster agreed to pay a $10,000 penalty for unauthorized transfers of control that occurred among shareholders of KRYL(FM) Haiku, Hawaii, without FCC permission, said an order and consent decree in Wednesday’s Daily Digest. Media Bureau staff discovered the issue when Hochman Hawaii Five sought to transfer the station to one of its shareholders, George Hochman, the consent decree said. Stock transfer documents submitted with the application showed that two stock transfers among HHF’s shareholders had led to transfers of control of the station without FCC sign-off. “The Parties acknowledge that any proceedings that might result from the Violations would be time-consuming and require a substantial expenditure of public and private resources” and that the settlement seeks to conserve such resources, said the consent decree.

The FCC should block Adell Broadcasting's sale of WADL Mount Clemens, Michigan, to the Nexstar-sidecar Mission Broadcasting because Nexstar would be the party in control of the station, said the American Television Alliance in comments filed Tuesday. Nexstar declined to comment. Owning the Detroit-area WADL outright would place Nexstar above the national ownership cap, ATVA said. Nexstar lists Mission’s stations as its own in its website and reports Mission’s stations as part of its financial results. Under the terms of the proposed deal, Nexstar would guarantee financing, have an option to buy WADL for no additional funds, negotiate retransmission consent for WADL, sell all the station’s advertising, and assist the station’s operations, ATVA said. “Any one or two of these things might be sufficient to raise real party in interest questions,” said ATVA. “All of them together leave little doubt that Nexstar, not Mission, will control WADL.” DirecTV made similar arguments about Nexstar’s relationship with Mission in an antitrust case in U.S. District Court in Southern New York (see 2305250001). “Unless and until Nexstar and Mission revise the transaction documents to prevent Nexstar from asserting control, the Commission should not grant the proposed transaction,” ATVA said.

The Ukrainian Congress Committee of America wants the FCC to deny the sale of an AM radio station to former PBS talk show personality Travis Smiley over allegations of sexual misconduct and questions about his finances, said a filing Tuesday. Smithwick and Belendiuk attorney Arthur Belendiuk, who has represented the UCCA in other filings opposing broadcasters airing programming controlled by the Russian government (see 2204060070), emailed that Smiley is “an adjudicated sexual predator” and the FCC “must add character and financial qualification issues against Smiley.” Smiley’s company Smiley Radio Properties applied to buy KBLA (AM) Santa Monica, California, from Multicultural Radio Broadcasting Licensee. Smiley’s attorney David O’Neil of Rini O’Neil said the UCCA is using Smiley as a pawn in its efforts to attack MRBL over its ownership of a station broadcasting Russian state programming. “These allegations are preposterous, Mr. Smiley is eminently qualified to hold a broadcast license,” said O’Neil. Smiley oversees the programming at KBLA, which is currently the only station west of the Mississippi “amplifying the voices of black listeners,” said O’Neil. PBS terminated Smiley’s contract in 2018 over allegations of sexual harassment. He sued the network and a District of Columbia Superior Court jury found he had violated the morals clause of his contract. “While Smiley was not found criminally liable, his actions were so egregious as to shock the conscience," said the UCCA filing Tuesday. The FCC “needs to further investigate Smiley’s repeated sexual misconduct toward his subordinate employees to determine whether he has the necessary character qualifications to be an FCC licensee,” said the UCCA filing. In further court proceedings over the collection of the $2.6 million verdict against Smiley, PBS argued Smiley moved assets around his companies to avoid paying, and Smiley filed for bankruptcy, said UCCA. The FCC “needs to designate a financial issue to determine if Smiley has the requisite financial qualification to become a Commission licensee,” said the UCCA filing. “Mr. Smiley has nothing to do with the disagreement between these two parties and looks forward to the FCC dismissing these baseless claims,” said O'Neil.

Citing Dominion Voting Systems being granted a partial summary judgment by the Superior Court of Delaware in March in its defamation case against Fox News, former Fox Broadcasting executive Preston Padden said Thursday the FCC should question parent company Fox's character qualifications to hold broadcast licenses for its broadcast TV stations. In a Daily Beast opinion piece, Padden said the record in that case showed Fox management and Fox News personalities knew the 2020 election had not been stolen but didn't report that. "That means that the false news was presented knowingly," he said. "It is hard to imagine an issue that more directly impacts a broadcast licensee’s character qualifications." Fox Corp. and the FCC didn't comment.

The updated low-power television and TV translator services rules adopted in April (see 2304180055) are now in effect, the FCC Media Bureau said Monday.

Claiming Entravision Holdings "apparently willfully and repeatedly violated" FCC rules on timely filings of its WJAL Silver Spring, Maryland, quarterly issues/programs lists and children's TV programming reports, the FCC Media Bureau said Monday that Entravision should pay a fine of $18,000. Entravision didn't comment.