The FCC should move forward with authorizing power increases for most digital FM stations even though concerns remain about outlets on 107.9 MHz interfering with aircraft navigation, NAB and Xperi said in an ex parte letter (see 2309220071) posted in docket 22-405 Monday. “The FCC should move forward with regard to those digital FM stations operating on 99 of the 100 designated FM broadcast channels and table the matter only for digital radio stations that operate on 107.9 MHz,” said the filing. NAB and Xperi said testing of possible interference with aviation equipment could continue after the rule change allowing increased power. “This testing could take several months. It would not serve the public interest to delay the benefits of the Commission’s proposal for the vast majority of broadcasters,” the filing said. Digital FM stations operating on 107.9 MHz could be required to request experimental authorization from the FCC when seeking to increase power, the filing said. This “well-established process” would provide a mechanism for aviation stakeholders to get advance notice of a specific station’s proposed power increase and to address any concerns, the filing said.

A draft 2018 quadrennial review order was circulated to the 10th floor, according to the FCC’s circulation web page (see 2309290056). The FCC is expected to announce its December open meeting agenda later this week, and the item’s circulation ahead of that suggests it will not be part of the session. The FCC typically doesn’t release draft versions of non-meeting items before they are voted, and the contents of the draft QR order aren’t yet clear. The U.S. Court of Appeals for the D.C. Circuit has given the agency until Dec. 27 to act on the 2018 QR, but attorneys told us the court is likely to view the item’s circulation as sufficient to meet the deadline. FCC officials have told us the item may not be voted by Dec. 27 (see 2311070072). FCC and industry officials have told us they expect a 2022 QR order to soon follow the 2018 version.

FCC licensing rules for ATSC 3.0 multicast streams are now in effect, the FCC Media Bureau said in a public notice Thursday. The Media Bureau “is ready to accept Next Gen TV license applications that involve simulcast multicast streams and/or non-simulcast 1.0 multicast streams,” according to the PN. The multicast rules for broadcasters hosting each other’s content as part of the 3.0 transition were approved in June as part of the agency’s order on ATSC 3.0 sunsets (see 2306230067). With the rule changes effective, the bureau will no longer process or extend grants of special temporary authority connected with 3.0 multicasts. Before the June order, the bureau used the STA process to permit broadcasters to host the programming of other broadcasters. Broadcasters airing multicast streams under STAs have a “grace period” until Dec. 18 to file a multicast license application, the PN said.

NAB and low-power FM entity REC Networks want the FCC to extend by 90 days, until March 11, the deadline for a change to broadcaster emergency alerting operations. “Simply put, it is already too late" for many emergency alert system participants to meet the current deadline, said NAB and REC in an ex parte filing posted Wednesday in docket 15-94. Broadcasters currently have until Dec. 12 to update their EAS systems to comply with an FCC requirement from September 2022 that they prioritize alerts delivered by the Internet-based common alerting protocol over analog alerts delivered via the broadcast-based daisy-chain (see 2209290017). Alerts delivered via CAP have fuller text and multiple language options, making them more accessible. Sage Alerting, a major EAS equipment manufacturer, announced earlier this month that it won’t be prepared to push out the needed update until shortly before the deadline. “We have made the FCC aware that the update has taken us longer to produce than we had anticipated, and that there will be insufficient time for many of our users to install the update by the December 12, 2023 deadline,” said the Sage website. Smaller broadcasters use contract engineers to implement this sort of update, and the limited supply of such engineers, Sage’s delay, and the impending holidays will prevent many broadcasters from meeting the deadline, NAB and REC said. “Granting this extension request will not reduce EAS functionality because EAS Participants will continue to be able to process EAS messages as they do today, without any disruption or impairment,” according to the filing.

The FCC shouldn’t take any action on ATSC 3.0 patents and should at least wait until a proceeding involving more patent-focused federal agencies is resolved, said NAB in a call with Media Bureau staff Thursday, according to an ex parte filing posted Monday in docket 16-142. The International Trade Association, the National Institute of Standards and Technology, and the United States Patent and Trademark Office jointly sought comments in September on U.S. engagement with patents and standards new tech. “The Agencies are seeking stakeholder input on the current state of U.S. firm participation in standard setting, and the ability of U.S. industry to readily adopt standards to grow and compete, especially as that relates to the standardization of critical and emerging technologies,” said the Federal Register. The FCC shouldn’t act before that proceeding is complete to “ensure that it does not adopt rules or policies inconsistent with those of expert agencies in the field,” NAB said. Any effort by the FCC to “back into a patent oversight role” would be “virulently hostile to innovation,” said NAB. The FCC “lacks statutory authority to regulate any aspect of the patent marketplace or patent royalties.”

FCC Chairwoman Jessica Rosenworcel circulated to the 10th floor a draft NPRM on prioritizing the processing of broadcast TV and radio applications from stations that provide locally originated programming, according to a news release Tuesday. The prioritization would apply to renewal applications and transfers of control, the release said. “There’s something special about when you hear a local voice on the airwaves or see a familiar face on your television set in the evening,” said Rosenworcel in the release. “We want to recognize that dedication when it comes time for license renewals and transactions and this proposal does just that.” No draft text for the item was released. Asked about the origin of the proposal, an FCC spokesperson said Rosenworcel was "inspired by her longstanding recognition of the importance of local journalism and news," and that she "continues to look for ways for consumers to receive news from trusted sources closest to them.” The FCC "is right to acknowledge the vital role local broadcast stations play in connecting and informing their communities," an NAB spokesperson said. "Especially at a time when misinformation runs rampant online and newspapers are shuttering, local broadcasting remains one of the most trusted sources of news and information. We look forward to learning more about this proposal.” United Church of Christ Media Justice Ministry attorney Cheryl Leanza said FCC policies to incentivize local programming would be a positive step.

NAB President Curtis LeGeyt called for the FCC to reopen the record on reclassifying virtual MVPDs and relax ownership rules in a Nov. 8 meeting with Commissioner Anna Gomez, according to an ex parte filing posted in docket 22-459 Tuesday. “The video world has continued to evolve and impact the ability of viewers to have broad access to locally-focused content,” the filings said. NAB also discussed diversity initiatives and its “eagerness to engage with the Commissioner and her staff to help foster a broadcasting industry that reflects the communities we serve,” the filing said.

The FCC has “clear authority" to act and a “necessary role” in preventing patent licensing abuses in the ATSC 3.0 market, said ACT | the App Association in a meeting with staff from the Media Bureau and Office of General Counsel Monday. The record in docket 16-142 and experiences with other technical standards show that FCC action “is necessary to avoid the exploitation of fair, reasonable, and non-discriminatory (FRAND) licensing commitments voluntarily made by SEP [standard essential patent] holders." Without the FCC's reinforcement and assurances on how the agency views patent license requirements, “innovators seeking to enter the ATSC market will face lockout from competing, to the detriment of American consumers,” ACT said.

Tightening the FCC’s local TV ownership rules would have “negative impacts” on small and rural television markets across the country, said Gray TV representatives in separate meetings Tuesday with aides to Chairwoman Jessica Rosenworcel, Commissioner Nathan Simington and Commissioner Geoffrey Starks, according to three terse and similarly worded ex parte filings posted in docket 18-349 Thursday. One of Gray’s representatives in those meetings was former FCC Commissioner Robert McDowell, now an attorney with Cooley.

The FCC should retain local ownership limits on FM radio, said multiple music licensing groups and low-power FM entity REC Networks in an ex parte meeting with Chairwoman Jessica Rosenworcel Monday, per an ex parte filing posted Wednesday in docket 19-310. The meeting included representatives of the musicFIRST Coalition, the Future of Music Coalition, SoundExchange and the American Association of Independent Music. “The current numeric limits on local commercial FM radio station ownership remain necessary in the public interest to preserve and promote ownership diversity, viewpoint diversity including through music and lyrics as well as news and information,” the filing said.