Monty Tayloe

NAB CEO Curtis LeGeyt denounced threats of government action against broadcast licenses after Republican presidential nominee Donald Trump sent CBS legal threats and a court affidavit indicated the Florida Governor's Office was behind that state’s efforts to prosecute TV stations that carried an abortion rights ad (see 2410180050). Although Trump has publicly called for federal action against broadcast licenses nearly every other week since his September debate with the Democratic nominee, Vice President Kamala Harris, NAB was silent on the issue until now.

The FCC’s order on collecting broadcaster workforce diversity data is outside its authority and violates the Constitution, said a reply brief from the National Religious Broadcasters, the American Family Association and the Texas Association of Broadcasters filed Friday in the 5th U.S. Circuit Court of Appeals (see 2410070023). “The FCC fails to identify any statutory provision or delegated function furthered by the Order,” said the filing. “Noticeably absent is any quote from statutory text. That’s because none exists,” it added. The equal employment opportunity order is “unlawful because the government requires race- and sex-based classifications, and seeks to pressure broadcasters to treat applicants differently based on race and sex,” said the groups.

A U.S. District Court judge issued an emergency temporary restraining order Thursday that blocks Florida Surgeon General John Ladapo from acting against local TV stations that run an ad supporting abortion rights. “To keep it simple for the State of Florida: it’s the First Amendment, stupid,” said the order from Mark Walker, chief judge for the North District of Florida. The order said the state's Department of Health may take no further action to “coerce, threaten, or intimate repercussions directly or indirectly to television stations, broadcasters, or other parties” for running a campaign ad that advocates protecting abortion rights.

The FCC violated the Communications Act by not rolling back broadcast ownership rules in the 2018 quadrennial review (QR) order, ignoring the increased competition broadcasters face, said petitioners Zimmer Radio, Nexstar, NAB, Beasley Media and Tri-State Communications in a reply brief filed in docket 24-1480. It was filed in the 8th U.S. Circuit Court of Appeals Tuesday. In addition, all four network affiliate groups and a host of radio companies filed intervenor briefs against the FCC. The Communications Act's provision requiring QRs -- Section 202(h) -- isn't a “check-the-box exercise,” said the petitioner’s brief. “Congress intended it to operate as a mechanism of continuing deregulation,” and the plain text instructs that the FCC “demonstrate affirmatively that its rules remain necessary in light of competition” or “modify or repeal them entirely.”

A news distortion complaint filed Wednesday against CBS by the Center for American Rights (CAR) over the network's recent interview with Vice President/Democratic presidential nominee Kamala Harris is unlikely to result in FCC penalties. However, a wild card is the proposed Skydance/Paramount deal, which could spark FCC action on the news distortion complaint, attorneys told us. Paramount Global is CBS' parent.

Broadcasters, MVPDs and network programmers want the FCC to shelve plans that require disclosures about the use of AI in political ads because they’re unworkably burdensome, exceed agency authority and won’t affect digital platforms, said reply filings in docket 24-211.

With Hurricane Milton recovery efforts continuing, the FCC extended the Lifeline program to storm victims, telecom companies expanded efforts to restore service, and NAB pointed to AM radio as an antidote to online misinformation about relief efforts.

NEW YORK -- 2025 isn't a “cliff” for the broadcast TV industry despite falling retransmission consent revenue, ad sales declines and growing streaming competition, said executives at the NAB Show New York Wednesday. “We're not at the cliff,” said Nexstar President-Broadcast Andy Alford. “I think 2025 is going to have its challenges,” but “there is lots of opportunity for 2025 to be a good year." Said CBS News and Stations President Jennifer Mitchell during a TV NewsCheck-hosted panel, “Despite year-over-year declines heading into 2025 there is a lot of optimism.”

FCC Commissioner Brendan Carr and former Federal Election Commission Chairman Bradley Smith disagreed with Public Knowledge CEO Chris Lewis Monday about the FCC’s authority to require disclosures on political ads created with generative AI. During a Federalist Society virtual discussion, Carr and Smith said the FCC was stepping onto the FEC’s turf and going beyond the intent of statutes giving the agency regulatory power on political ads. However, Lewis said the FCC effort would be complementary to FEC rules. “If we don't have these rules, it is critically important that those who are critical of them come up with solutions to solve this threat,” Lewis said.

FCC Chairwoman Jessica Rosenworcel visited Asheville, North Carolina, on Friday and met communications providers and emergency response officials in the wake of Hurricane Helene. Relief efforts at the FCC and communications companies continue, even as Florida is preparing for a second storm. “I saw firsthand how the public sector and private sector are working together to help with recovery,” said Rosenworcel in a news release Monday. “We must use [Hurricane Helene] to understand ways we can make this infrastructure more resilient and more accessible in the future.”