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Skywest Media LLC enters into a consent decree to resolve political file investigation

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Media Bureau issues an Order denying the Petition to Stay the Commission's Foreign Sponsorship Identification Rules Pending Judicial Review

Big River Broadcasting, LLC enters into consent decree to resolve political file investigation

The Bureau enters into a Consent Decree with Moab Communications, LLC

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Grants in part and otherwise denies request for extension or waiver of divestiture deadline

The FCC Media Bureau said today, Dec. 8, it will proceed with adopting new foreign-sponsorship identification rules despite pushback from the National Association of Broadcasters. Several other groups joined the NAB in claiming the new requirements would be especially burdensome for small broadcasters.

The FCC adopted amended foreign-sponsorship identification rules in April to specifically target situations where a station broadcasts material sponsored by a foreign governmental entity. The new rules require disclosure of leased programming sponsored by foreign governmental entities.

The FCC said its modified regulations further the critical goal of transparency and it applies them to foreign governments, political parties and their agents.

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The NAB, the Multicultural Media, Telecom and Internet Council (MMTC) and the National Association of Black Owned Broadcasters (NABOB) this summer asked the commission to stay the order while their petition for review was pending before the U.S. Court of Appeals for the District of Columbia Circuit.

The groups’ lawsuit claims the FCC adopted “unnecessary and overly burdensome rules that violate the Communications Act, the Administrative Procedure Act and the First Amendment.”

Today’s FCC Order Denying Stay Petition officially ends the quest by NAB, MMTC and NABOB to delay implementation of the updated sponsorship identification regulations: “We find that the Petitioners have failed to make the required four-part showing to support such extraordinary equitable relief. Accordingly, we deny the request to stay the effectiveness of these rules,” the FCC wrote in the most recent order.

“Petitioners have failed to establish that broadcast licensees will suffer irreparable harm” in implementing the FCC Report and Order on foreign-sponsorship identification, according to today’s FCC filing. “We also find that the costs of compliance to broadcast licensees are not severe enough to be cognizable as irreparable harm.”

The commission, which believes the petitioners’ pending lawsuit is unlikely to succeed on merits, will now move forward with modified regulations “which seek to eliminate any potential ambiguity to the viewer or listener regarding the source of programming provided from foreign governmental entities.”

Although foreign governments and their representatives are legally prohibited from holding a broadcast license directly, foreign governments have contracted with broadcast station licensees to air programming of the foreign government’s choosing or to lease the entire capacity of a radio or television station without adequately disclosing the true source of the programming, according to the FCC.

The on-air disclosure would be required at the time of a broadcast if a foreign governmental entity paid a radio or television station, directly or indirectly, to air material. The old rules did not specify when and how foreign government sponsorship should be publicly disclosed.

The NAB, MMTC and NABOB maintain they support the FCC’s goal of public disclosure of foreign government-sponsored programming, but argue the new regulations impose rules on broadcasters “which collectively have many thousands of contracts for the lease of time to air programming — onerous requirements to make specified inquiries of, and conduct independent research on, all the entities with whom broadcasters currently or will in the future have lease agreements.

“The broadcaster must determine (and then announce) whether the sponsor of the programming is a foreign governmental entity or its agent, even if the leased programming (such as an infomercial or local religious broadcast) poses no colorable risk of foreign sponsorship,” NAB said.

The organizations said at the time it filed its lawsuit in September the rules would do little to address the problem of foreign interference in elections.

The organizations argued in an updated brief filed Tuesday night with the court that the FCC lacks the authority to impose the investigatory requirements mandated by the order. In addition, the organizations argued with the FCC’s justification for its rules is lacking as the commission cited only a few examples of foreign governmental entities sponsoring undisclosed broadcast programming as the reasoning for requiring every broadcast station to conduct inquiries for every existing or new leased programming agreement.

“The order also fails to address the problems with undisclosed foreign governmental programming on cable systems and the Internet, which is where the issue primarily exists, the brief argued,” according to the NAB.

In a statement to the press today, the groups said: “NAB, MMTC and NABOB strongly urge the Court to overturn the FCC’s flawed decision requiring overly burdensome investigations by every broadcaster into every sponsored program. While we share the Commission’s goal of ensuring the public understands when listening or viewing programming supplied by foreign governmental entities, the FCC’s order fails to adequately, sensibly or fairly achieve this objective. We appreciate the Court’s consideration of this issue and believe it will agree that the Commission overstepped its bounds.”

Comment on this or any article. Email radioworld@futurenet.com.

The post FCC Denies NAB Stay Petition on Foreign-Sponsorship ID Rules appeared first on Radio World.

Broadband iTV Inc., the Austin, Texas-based company that considers itself as one of the pioneers of video-on-demand, has filed a dismissal of its patent infringement lawsuit against DISH Network LLC relating to video-on-demand, set-top box and related technologies.

In a brief statement, BBiTV CEO Clifton Kagawa said, “We are pleased to have the litigation completed and are proud of BBiTV’s patented technologies. BBiTV developed and owns a portfolio of more than 70 issued U.S. patents, comprised entirely of technologies developed by BBiTV inventor and Chief Technology Officer Milton Diaz Perez (pictured, top left), based on his work over several decades. BBiTV developed the underlying technology that all of its patents were derived from, and BBiTV has not acquired any of its patents from third parties,” explained Kagawa.

BBiTV is represented by lead counsel Robert Kramer and his team at the law firm Feinberg Day Kramer Alberti Lim Tonkovich & Belloli LLP.

FROM THE RBR+TVBR ARCHIVES:

Pioneering VOD Firm Wins ‘Patent Constructions’ Lawsuit Adam Jacobson A company that considers itself to be one of the pioneers of video-on-demand technology has claimed a small victory in its fight against AT&T, DirecTV, Dish Network and Amazon for copyright infringement of four patents covering streaming media innovations specifically tied to VOD services using the set top box and mobile app technology. A VOD Pioneer Files Another Patent Infringement Suit RBR-TVBR A company that considers itself to be a VOD pioneer in December 2019 filed a patent infringement actions against AT&T, DirecTV and Dish Network — actions that involves four patents covering streaming media innovations specifically tied to VOD services using the set top box and mobile app technology. Now, this same company has sued Amazon. A VOD Pioneer Slaps AT&T With A Patent Infringement Suit Adam Jacobson A company that considers itself to be one of the pioneers of video-on-demand technology has filed a patent infringement action against AT&T — an action that involves four patents covering streaming media innovations specifically tied to VOD services using the set top box and mobile app technology.

He’s the head of Forever Communications and once was known for his role leading Keymarket Communications.

Now, he’s giving a sizable sum to a Pennsylvania private university for the creation of a state-of-the-art media center for students aspiring to achieve success in the fields of radio, video, podcasts, live streaming, and other forms of broadcasting.

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In a deal that’s just been consummated and filed for approval with the Commission, Salem Media Group is adding to its properties in Tampa-St. Petersburg by agreeing to acquire a Class B AM radio station in the market.

The facility, licensed to Brandon, Fla., will help Salem bring a third radio brand to the second-largest market in the Sunshine State. It comes with an FM translator.

And, if these call letters sound familiar, it is because Salem spun the AM and FM translator to this party just two years ago.

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A Class A digital TV station serving the Nation’s Capital, owned by Sinclair Broadcast Group, has deployed NEXTGEN broadcast transmissions, making it the first facility in the market that’s home to the FCC.

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WASHINGTON, D.C. — As previously reported, the filing window for applications for new noncommercial educational FM new station construction permits closed on November 9.

Some 1,282 applications were received; all were reviewed to identify singletons — applications that are not mutually exclusive with any other application filed in the window and can be accepted for filing. Some had defects, the Media Bureau says. And, those defective singleton applications have been dismissed.

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“The reality is: It’s hard out there for broadcasters.”

So said FCC Commissioner Nathan Simington, speaking to a meeting of the Ohio Association of Broadcasters.

For the second time in a month, the Republican commissioner made public remarks that were notably sympathetic to radio and TV companies and their struggles when competing with big tech.

“Consider, you know, the smaller broadcasters. The folks who have one, two, or half a dozen stations. Consider how difficult it is for them to achieve efficiencies of scale — consider what their margins look like because they’re smaller operators. Now, is there a single online video platform that is a mom-and-pop operation? Of course not! Every single one is either backed by a massive tech platform, deep-pocketed venture capitalists, or a major network. If not, it’s out of business in a year. …

“Those platforms are competing with mom and pop broadcasters — or, shoot, even established station groups — with operating efficiencies, margins and capital markets backing of which broadcasters dare not dream,” Simington continued.

“Can we seriously think, at this moment, with the arrows pointing in the directions that they are, that we should be making it harder for these small, regulated entities to operate? You are all already burdened by a raft of regulations designed for a bygone era while your insurgent online competitors have functionally none of the same constraints. Should we now turn the screw?”

[See more of our coverage of the FCC.]

Simington noted that the FCC will soon again consider media regulation in a quadrennial proceeding. Echoing frequent arguments made by the NAB about how the commission defines broadcasters’ marketplace, Simingon said that the commission needs to recognize that online media platforms are growing rapidly “and threaten dominance over traditional media platforms,” and that “broadcast advertising revenue has flatlined, having been siphoned off from higher margin online platforms.”

The commissioner said he is “not necessarily” arguing for more regulation of big tech — “Not everything is a regulatory problem. Maybe this one is. I don’t know” — but he said regulators need to be “clear-eyed about where the power has shifted. It is away from broadcasters. Away from networks. Even away from traditional MVPDs. And toward online platforms. And if we are going to talk about serving as a check against uncontrolled concentration of media power that is presumably antithetical to consumer welfare — well. The conversation need not end at online platforms, but it must at least start with them.”

His full text is posted.

Comment on this or any article. Email radioworld@futurenet.com.

The post Simington: Don’t Turn the Screw on Broadcasters appeared first on Radio World.

In August, the NAB; Multicultural Media, Telecom and Internet Council (MMTC); and the National Association of Black Owned Broadcasters (NABOB) filed a petition for review with the U.S. Court of Appeals for the District of Columbia Circuit challenging a FCC order mandating disclosures for foreign government-sponsored programming.

On Wednesday (12/8) the FCC’s Media Bureau, led by Michelle Carey, issued an Order denying a stay petition filed by the three groups — a move that only furthers growing tension between the nation’s largest broadcast media advocacy group and the agency now officially led by Jessica Rosenworcel.

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Read about all the products nominated for our awards program, including the Radio World winners announced in the fall of 2021.

This is the award program that normally is held at the spring NAB Show, which was postponed to this fall and later cancelled.

The guide is a great way to catch up on the new products of 2022 across radio and related industries.

 

The post Best in Market 2021 Program Guide appeared first on Radio World.

In what some may call a direct admonition of Elliot Evers‘ “CXR Radio Station Trust” and its lobbying efforts to the FCC conducted by respected communications attorney David Oxenford, the Chief of the Media Bureau has ordered the divestment of two FM radio stations in Florida to transpire no more than 60 days past the current deadline date of December 17.

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Colleagues are remembering Texas-based radio engineer Gary Wachter, who died in November. He was 65.

According to his friend and fellow engineer Melissa Hussel, Wachter had carcinoma cancer and died at home. He is survived by his son, Matt, of South Carolina.

Wachter was chief engineer of Service Broadcasting in the Dallas/Fort Worth area and a familiar face at SBE Chapter 67 meetings.

Hussel said Wachter, whose mother was a German citizen, was born in Waco but spent part of his childhood in Germany. He remembered hanging around the projector booth of the movie theater on a military base, fascinated by the carbon arc projectors; late in life he would find enough parts to make his own at home.

Back in the United States Wachter entered the radio business in high school and was on the air in Corpus Christi using the name Wires Wachter; he worked at KEYS(AM) and KRYS(AM) as well as the local PBS station.

Discovering he enjoyed technical work more, he took an engineering job at KTSA(AM) in San Antonio around 1976, working there until 1984 as chief engineer, a stint that included a full studio buildout and installation of a Kahn AM stereo system. Subsequently he worked as chief at KFYI(AM) and KKFR(FM) in Phoenix, where he built out studios in a former TV station.

Around 2000 he came to Dallas and started as chief at Service Broadcasting, which owns KKDA(AM/FM) and KRNB(FM) nearby. Wachter led a facility move from Grand Prairie to Arlington, Texas, that involved another studio buildout, and handled an FM antenna upgrade for KRNB.

“He was very driven,” she said. “A fellow engineer once said that his transmitter suite was ‘so clean, you could eat off the floor,’ and he wasn’t wrong. Gary had a high work ethic, and always went above and beyond.”

Colleague and longtime friend Mike Chittenden said Wachter also wrote a software program for a Gentner VRC transmitter remote control and a screener program for Telos phone systems.

Messages to his family can be posted at the website of Rolling Oaks Funeral Home.

The post Gary Wachter Dies, Engineer in Southwest U.S. appeared first on Radio World.