Standard General founder Soo Kim said filings from the Communications Workers of America’s NewsGuild sector’s attorneys David Goodfriend and Andrew Schwartzman and CEO Jon Schleuss opposing the Standard/Tegna deal were "sexist and racially charged ad hominem attacks.” A Standard General news release Monday highlighted statements in NewsGuild filings warning of “anonymous foreign investment” in newsrooms and questioning whether the deal increases ownership diversity since Kim “is not barred by his race from becoming a successful entrepreneur” and Standard CEO Deb McDermott “is not barred by her gender to be selected to run a large corporation.” “To be clear, I am ethnically Korean. And I am a proud American citizen,” said Kim in the release. “These three men are attempting to define what constitutes a minority or what is the right kind of diversity -- this is offensive and inappropriate.” It's “beyond the pale for Schleuss, Goodfriend, and Schwartzman to use my ethnicity to postulate theories of my being an agent of foreign ownership,” Kim said, noting he already owns multiple radio and TV stations. “Whatever we have to say will be in what we file with the Commission,” emailed Schwartzman, who's also senior counselor at the Benton Institute for Broadband & Society, when asked for comment. Standard is “confident” the deal complies with all regulations, the release said. “We have submitted 3 million documents and over 12 million pages of records and have nothing but respect for the regulatory process,” the release said. “We are confident that the public statements from these three men will be seen for what they are -- sentiments that have no place in America today.”

The Nielsen Company will begin providing designated market area maps to broadcasters that don’t subscribe to Nielsen’s service “at a reasonable charge” to address broadcaster concerns (see 2208300050) about the ways Nielsen data is required to comply with FCC rules, Nielsen said in an ex parte letter posted Thursday in docket 22-239. “The broadcasters’ assertions are not entirely correct factually,” Nielsen said. “They do, however, raise a valid policy point: if non-clients need our information to comply with FCC rules, they need a way to obtain this information reasonably and quickly.” Nielsen said it has always informed stations of their designated market area assignments -- which are based on Nielsen data -- for free, and it will provide customer service representatives “information to help them distinguish between non-clients solely seeking DMA information and those seeking to become clients.” Nielsen will also continue to offer ratings information to non-clients “at special prices for the limited use of preparing for assignments and transfers of control,” the letter said.

Calls for the FCC to apply Committee on Foreign Investment in the U.S. rules, and repeated requests for more information on the Standard/Tegna deal are a “red herring” and a “fishing expedition” said Crossings TV CEO Frank Washington in a letter to the agency posted in docket 22-162 Thursday. Washington is a former FCC deputy bureau chief who was involved in the minority tax certificate’s creation and the Viacom deal that led to Congress repealing the program. Washington said the information requests are intended to delay the deal. “This matters because transactions are ephemeral,” and have many potential failure points, Washington said. “If timing isn’t everything, it certainly can have outcome determinitive consequences.” Calls to look at the deal through a foreign-ownership lens are “troubling,” Washington said. Standard General founder Soo Kim “and countless other Asian-American business leaders like him, are naturalized citizens who love this country and are just as committed to our laws,” Washington said. “If expanding minority ownership is something the FCC truly values, then Standard General’s acquisition of TEGNA must be had forthwith.”

“Well under 0.1%” of broadcasters air news and public affairs content sponsored by foreign governments, said NAB in a meeting last week with FCC Media Bureau Chief Holly Saurer and Media Bureau staff, according to an ex parte filing posted Wednesday in docket 20-299 (see 2210060068). “Our advocacy is designed to limit the burdens on stations that do not air this content,” NAB said. The trade group said it wants to work with the agency to “develop a commonsense approach to ensuring that all foreign propaganda aired on FCC-licensed stations is properly identified as such.”

Radio broadcasters represented by broadcast attorney Aaron Shainis wrote the FCC to say they were unaware that comments had been filed on their behalf in support of the geotargeted radio proposal backed by GeoBroadcast Solutions, according to filings posted Wednesday in docket 20-401. Shainis has an ownership stake in GBS (see 2209270064). “The undersigned local radio broadcasters were entirely unaware of our participation in this proceeding and did not knowingly consent to having our name included on such filings,” said a letter signed by the presidents of Falls Media and Q-Media Group. Two other radio broadcasters, Pikes Peak State College and Ranchland Broadcasting, asked the FCC to disregard the pro-Zonecasting filings in their name “because they do not accurately reflect our views.” Shainis said in an interview that officials at all four broadcasters had given their permission for the comments filed on their behalf either verbally or in writing, and that he disclosed his ownership interest. Shainis said his firm sent out letters years ago to many of their clients asking for their support, explaining the GBS technology, and disclosing Shainis’ stake. “They probably don’t remember, it was years ago,” Shainis said. In some cases, permission was obtained from predecessors and different company officials from those who wrote the FCC Wednesday, he said. He said several clients contacted him in recent weeks to say they no longer support geotargeted radio. Shainis said the local broadcasters are under “tremendous pressure” from NAB and their state broadcast associations to oppose GBS. The letters Wednesday were filed by the Texas and Colorado state broadcast associations rather than the individual broadcasters. Shainis said Wednesday he doesn’t believe the withdrawals of support will lead to the FCC rejecting geotargeted radio. “The technology should speak for itself,” he said. 'It is shameful how low the NAB, through its Chief Legal Officer and Executive Vice President, Rick Kaplan has sunk," said Shainis in a letter to the FCC filed Wednesday in response to the broadcaster filings: "All comments filed were done with the full authorization of all parties." The FCC should vote on the geotargeted radio rulemaking "and not be distracted by the erroneous assertions of a desperate NAB and the state broadcast associations it is unduly influencing," Shainis wrote. The NAB didn't comment. The FCC didn't comment.

Standard General and Tegna “have not provided information sufficient to establish even a prima facie case that grant of the applications would be in the public interest,” said the Communications Workers of America's NewsGuild and National Association of Broadcast Employees and Technicians sectors, in a call with an aide to FCC Commissioner Brandon Carr, according to an ex parte filing posted Friday in docket 22-162. “The unusually complex arrangements in this docket merit further scrutiny,” the filing said. “Undisclosed or excessive foreign ownership and investment implicates other public interest issues, including localism, diversity and maintaining a robust market for news,” the unions said. The transaction “reaches the Commission in the context of a changing geopolitical environment,” said the filing. House Speaker Nancy Pelosi sought additional scrutiny of the acquisition Thursday (see 2210060033).

Recent music licensing lawsuits against three broadcasters by Global Music Rights indicate the music licensing entity “has lost patience with stations that have not entered into agreements to play their music,” wrote Wilkinson Barker broadcast attorney David Oxenford posted Oct. 7. According to legal filings in U.S. District Court, GMR sued Red Wolf in Connecticut, Southern Stone Communications and Black Crowe Media Group in the Middle District of Florida, and One Putt Broadcasting in the Eastern District of California. The courts could potentially lower the damages requested, but “even the threat of such damages has been enough to put many of the original file-sharing music sites out of business,” Oxenford said. Radio stations avoiding playing GMR-licensed music “is a difficult if not impossible task given the songwriters that GMR has signed who have full or partial copyrights in a wide variety of popular music," the blog post said. Commercial radio stations that haven’t reached a licensing agreement with GMR “or otherwise taken action to avoid the need for that license should discuss this issue with their attorneys now to see what actions they can take to avoid potential liability later,” Oxenford said.

The FCC unanimously approved an NPRM seeking comment on proposed updates to the foreign-sponsored content rules, as expected (see 2209260063). The item is intended to update the rules to account for the July U.S. Court of Appeals for the D.C. Circuit decision against some of the original requirements. “This proposal will help strengthen the process for identifying foreign governments broadcasting in the United States and fill in the gaps left in the wake of the D.C. Circuit’s recent ruling,” said FCC Chairwoman Jessica Rosenworcel in a release. “The bottom line is that this is about supporting transparency and democratic values -- full stop.” The NPRM proposes standardized certifications from broadcasters and program lessees on whether a lessee is a foreign governmental entity, and seeks comment on an earlier petition from broadcasters seeking clarification on how the foreign-sponsored content rules apply to advertising and whether content less than two minutes in length should be exempt from the rules. It also seeks comment on an alternative first suggested by a D.C. Circuit judge that would require lessees to submit screenshots of federal databases showing their companies aren’t listed. “We look forward to working with the FCC to clarify some of its rules to ensure that broadcasters are airing the correct identifications,” said an NAB spokesperson. “We share the Commission’s goal of ensuring that the public understands when it is watching or listening to foreign propaganda.”

A proposal to modify FM booster rules to allow geotargeted radio broadcasts “could have negative implications” for rural communities, said a letter to FCC Chairwoman Jessica Rosenworcel from Rep. Jeff Duncan, R-S.C., and 12 other members of the House Commerce Committee posted in docket 20-401 Wednesday. The tech could allow broadcasters to exclude rural areas, the letter said. “We urge the FCC to consider the implications the ZoneCasting proposal could have on rural communities and the risks it especially poses for people in areas with little access to broadband,” said Duncan in a release about the letter shared by NAB, a vocal opponent of the booster proposal, which is backed by geotargeted radio company GeoBroadcast Solutions. “As we have seen from Hurricane Ian, broadcast radio is essential for many rural communities that rely heavily on local radio, and the FCC’s proposal to selectively target certain geographic areas could inhibit these communities from receiving essential information and having access to broadcast radio.” GBS said the proposal is designed to make targeted ads more affordable, and adoption of geotargeted radio would be entirely voluntary.

Broadcasters need flexibility in hosting arrangements for their ATSC 1.0 multicast channels to preserve service during the ATSC 3.0 transition, said NAB, Fox, NBCUniversal and Paramount in a call with FCC Media Bureau staff Thursday, according to an ex parte filing posted in docket 16-142 Tuesday. The broadcasters and content companies emphasized the need for the agency to allow “lateral hosting,” where a station broadcasting in 1.0 hosts some multicast channels on another 1.0 station in the market during a transition to 3.0. An FCC proposal to clarify 3.0 multicasting rules didn’t include provisions for lateral hosting, but such arrangements would be vital for launching the new standard in the New York market, the filing said. “While such arrangements are unlikely to be any broadcaster’s first choice, broadcasters engaged in channel mapping and planning for market launches have emphasized that lateral hosting will likely be essential in some markets,” the filing said. Permitting lateral hosting won’t make things more difficult for viewers, and broadcasters would use the arrangement sparingly because of its complexity, the filing said. “Absent a specific and concrete reason to believe there is an urgent countervailing public interest consideration, the Commission’s approach with respect to the ATSC 3.0 transition should be to provide broadcasters with as much flexibility as possible,” the filing said.