Shelby Broadcast must pay a $16,500 forfeiture for operating a translator station outside the parameters of its FCC authorization and not disclosing it, according to an order in Wednesday's Daily Digest. The forfeiture concerns translator W252BE Tarrant, Alabama, which for years after a cable was severed in 2015 Shelby allegedly operated at a different height and power level than authorized, according to the original notice of apparent liability (see 2401170066). Though the penalty represents a significant percentage of the station’s gross income, the Media Bureau declined to reduce the forfeiture amount because the station is slated to be sold for $184,000. “Further, due to Licensee’s history of noncompliance, including unauthorized operations, and the extended duration of the violations, we find no basis to reduce or cancel the proposed forfeiture,” the order said.

The FCC Enforcement Bureau warned property owners in Beacon, New York, and San Francisco of possible forfeitures over pirate radio stations allegedly emanating from their buildings, according to letters in Wednesday’s Daily Digest. Property owners The Cesar Ascarrunz Living Trust in San Francisco and Donald and Theresa Bell in Beacon could see forfeitures of up to $2.3 million, the letters said. The property owners have 10 business days to respond and must submit proof that broadcasts have ceased, the letters said.

The FCC should enforce public interest requirements on broadcasters if it wants to encourage local programming, said Common Frequency and Pacifica Network in a joint reply to comments filed in docket 24-14 on an agency NPRM on prioritizing application processing for broadcast stations that offer local content (see 2403120071). The FCC’s proposal is likely insufficient to encourage local programming on its own and the agency hasn’t denied a license renewal on public interest grounds in 30 years, the joint filing said. “Is there even a definition regarding a station ‘not operating in the public interest’ nowadays?” said Common Frequency and Pacifica. “Respondents believe this question needs to be answered as a precursor to even approaching the subject matter of the NPRM.” NAB and NPR reiterated that the FCC’s proposal would be ineffective. “As to public radio, the incentive offered in the NPRM is weak,” NPR said. The “lack of connection” between the goal of promoting local journalism and prioritizing review of “a very small subset” of applications shows “the expanding disconnect” between the FCC’s actions and the forces motivating broadcasters, NAB said. The three hours per week of local programming requirement proposed in the NPRM is a “very low bar,” but incentivizing any local content is positive, said MusicFirst Coalition and the Future of Music Coalition in a joint filing. The groups “would be thrilled to see a local DJ spinning records for a few hours per week at any station that would otherwise fail to air” local programming, the filing said.

The 8th U.S. Circuit Court of Appeals granted the unopposed motion of the American Television Alliance of low-power stations to intervene as of right in defense of the FCC’s Dec. 26 quadrennial review order against the four consolidated petitions challenging the order for allegedly violating Section 202(h) of the Telecommunications Act (see 2404080002), said a signed clerk’s order Wednesday. The consolidated petitions pending in the 8th Circuit are from Zimmer Radio (docket 24-1380), Beasley Media Group (docket 24-1480), NAB (docket 24-1493) and Nexstar Media Group (docket 24-1516).

The American Television Alliance (ATVA) of low-power stations seeks leave to intervene as of right in defense of the FCC’s Dec. 26 quadrennial review order against the four consolidated petitions challenging the order for allegedly violating Section 202(h) of the Telecommunications Act, said the alliance’s unopposed motion Friday in the 8th U.S. Circuit Court of Appeals. The 8th Circuit, in an April 2 order, granted NCTA’s motion to intervene on the FCC’s behalf (see 2404020045). In the order under review, the FCC found that its existing media ownership rules, with some minor modifications, remain necessary in the public interest, said ATVA’s motion. Most important to the group, the FCC retained the local television ownership rule with modest adjustments to reflect changes that have occurred in the television marketplace, it said. That rule limits the number of full-power television stations an entity may own within the same local market to at most two, subject to some limits, it said. The “top-four prohibition” generally bars broadcasters from owning two stations ranked among the top four in a local market, it said. The order “rejected broadcaster efforts” to weaken the top-four prohibition for strong public interest reasons, and the commission also took action to prevent parties from exploiting unintended ambiguities or gaps in the top-four prohibition, it said. ATVA and its members will be “substantially affected” by the 8th Circuit’s review of the order, said the motion. FCC rules require ATVA members to engage in retransmission consent negotiations with television broadcasters throughout the country, and the association argued throughout the agency proceeding that the challenged rules will protect consumers from rising costs due to pass-through of retransmission consent fee increases that result when broadcasters are able to negotiate retransmission consent fees for two top-four stations jointly in a market, it said. ATVA “likewise explained to the FCC the need to close the loophole that was increasingly being exploited” by network affiliation arrangements and acquisitions to circumvent the top-four prohibition, it said. An 8th Circuit decision calling the FCC’s decisions into question in these areas “would increase broadcasters’ already-powerful ability to extract supracompetitive retransmission consent fees from ATVA members and, ultimately, from consumers,” said the motion. The consolidated petitions pending in the 8th Circuit are from Zimmer Radio (docket 24-1380), Beasley Media Group (docket 24-1480), NAB (docket 24-1493) and Nexstar Media Group (docket 24-1516). The 8th Circuit previously granted the unopposed motions of four network affiliates associations (see 2403220041) and six radio group owners (see 2403260001) to intervene in support of the four consolidated petitions.

The 8th U.S. Circuit Court of Appeals adopted the briefing schedule that the parties proposed in the four consolidated petitions for review challenging the FCC’s Dec. 26 quadrennial review order for allegedly violating Section 202(h) of the Telecommunications Act (see 2404030004), said the court’s tentative schedule Friday. The opening briefs of the four petitioners and their intervenor supporters are due July 15, it said. Sept. 13 is the deadline for the FCC’s response brief and that of NCTA, which is intervening on the FCC’s behalf to defend the order against the petitioners’ Section 202(h) challenges, said the schedule. Reply briefs are due Oct. 15 and final briefs Nov. 18, it said. The parties said they framed the schedule to allow for the briefing to be complete and the cases ready for submission on the merits before the end of calendar 2024. The dates “may be advanced or extended by court order or a party's early or late filing of a brief,” said the schedule. All briefs and appendices should be filed with the 8th Circuit’s St. Louis office, it said. The consolidated petitions pending in the 8th Circuit are from Zimmer Radio (docket 24-1380), Beasley Media Group (docket 24-1480), NAB (docket 24-1493) and Nexstar Media Group (docket 24-1516).

FCC Administrative Law Judge Jane Halprin won’t broaden the scope of a hearing involving Antonio Cesar Guel's apparently fake sale of broadcast stations to include other questionable transactions because she doesn’t want to interfere with possible FCC Media Bureau investigations, said an order in Friday’s Daily Digest (see2402060049). Granting the Enforcement Bureau’s request to enlarge the hearing proceeding against Guel would also not be “efficient,” she said. The initial proceeding concerned Guel's sale of low-power radio and TV stations to his niece Jennifer Juarez, and false statements Guel made to the FCC, including hiding his lack of U.S. citizenship. The EB wanted the proceeding to include other companies -- Mekaddesh Group, Hispanic Family Christian Network and JPX Global -- whose ownership was the focus of contradictory filings at the FCC and SEC from Guel, his daughter and their associates. “It seems that with each filing in this proceeding, the control and operation of the Guel family’s broadcast licenses becomes less clear,” Halprin wrote. She said that keeping the case narrow is consistent with the Media Bureau’s approach when it originally designated the Guel matter for hearing, though it was aware of other possible violations. “These ambiguities, when considered with the numerous FCC violations to which Mr. Guel has already admitted . . . suggest a pattern of obfuscation and noncompliance” that “warrants further exploration,” the order said.

The full FCC unanimously upheld the Enforcement Bureau’s revocation of Pennsylvania radio broadcaster Roger Wahl’s FCC license for WQZS(FM) Meyersdale (see 2304120067) in an order on review in Thursday’s Daily Digest. Wahl’s license was designated for hearing after he pleaded guilty to a felony and several misdemeanors involving attempting to arrange a woman’s sexual assault. Wahl took nude pictures of the victim using a camera he concealed in her bathroom, impersonated her on a dating website, and later tried to destroy evidence of his crimes. Administrative Law Judge Jane Halprin terminated Wahl’s hearing after he missed numerous filing deadlines, and Wahl also later missed the deadline to appeal the ALJ’s decision, Thursday’s order said. In his appeal, Wahl argued that the crimes didn’t intersect with his radio station, didn’t involve fraud and bodily injury, and represented a single “crime of passion” rather than a pattern of behavior. The FCC disagreed. “We find that an extended course of premeditated conduct cannot fairly be characterized as ‘an isolated crime of passion,'” the FCC said. Wahl’s “lack of candor in tampering with evidence is a form of fraudulent representation,” Thursday’s order said. “While his victim did not suffer bodily injury, his criminal conduct foreseeably placed his victim at risk of sexual assault," the FCC said. “We find Mr. Wahl’s offenses to be egregious and render him unqualified to be a Commission licensee."

Opening briefs of the four petitioners and their intervenor supporters challenging the FCC’s Dec. 26 quadrennial review order for allegedly violating Section 202(h) of the Telecommunications Act (see 2403220041) would be due July 15 under a proposed briefing schedule that has the backing of all parties, NAB told the 8th U.S. Circuit Court of Appeals in a filing Tuesday. Sept. 13 is the proposed deadline for the FCC’s response brief and that of NCTA, which is intervening to defend the order against the petitioners’ Section 202(h) challenges, said the filing. Reply briefs would be due Oct. 15 and final briefs on Nov. 18, it said. The proposed schedule “would allow for the briefing to be complete and the cases ready for submission on the merits” before the end of calendar 2024, it said. The petitioners currently anticipate filing joint opening and reply briefs, it said. The intervenors supporting the Section 202(h) challenge anticipate filing two sets of opening and reply briefs, one from the four network affiliates associations, the other from six radio ownership groups, it said. “The number of briefs, the issues the parties intend to raise, and the number of words needed for full and efficient presentation of the issues could change if additional petitions for review or intervention motions are filed,” it said. April 15 is the deadline to file additional petitions for review of the quadrennial order; further intervention motions would be due 30 days later, said the filing. The parties request leave to file a supplemental joint proposed briefing schedule by April 22, seven days after the deadline to file a petition for review, it said. They further request leave to file a second supplemental joint proposal by May 22, if necessary, seven days after the deadline to intervene, “to ensure all parties are accounted for,” it said. The consolidated petitions pending in the 8th Circuit are from Zimmer Radio (docket 24-1380), Beasley Media Group (docket 24-1480), NAB (docket 24-1493) and Nexstar Media Group (docket 24-1516).

The 8th U.S. Circuit Appeals Court granted the unopposed motions of four network affiliates associations (see 2403220041) and six radio group owners (see 2403260001) to intervene in support of the four consolidated petitions for review that challenge the FCC’s Dec. 26 quadrennial review order for allegedly violating Section 202(h) of the Telecommunications Act, said a clerk’s order Tuesday. The 8th Circuit also granted NCTA’s motion to intervene to defend the FCC’s order against those Section 202(h) challenges (see 2403250064). The court denied without prejudice the network affiliates associations’ request to be deemed intervenors in any petitions that may be consolidated with the existing four in the future. The consolidated petitions pending in the 8th Circuit are from Zimmer Radio (docket 24-1380), Beasley Media Group (docket 24-1480), NAB (docket 24-1493) and Nexstar Media Group (docket 24-1516).