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Broadcast Actions
In the Matter of Online Political Files of Freeland Broadcasting Co., Inc
In the Matter of Online Political Files of Townsquare Media Tuscaloosa License, LLC
Actions
NAB: ACAC Seeking “Handouts” With C-Band Lump Sum Demands
The National Association of Broadcasters sees the efforts of cable and internet company association ACA Connects in asking for a stay and reconsideration the FCC’s C-Band lump sum payments plans as strictly a ploy to garner more money for its members. It is urging the FCC to reject all requests for review of the final cost catalog levied by ACAC.
The FCC is preparing to conduct the C-Band auction, which will open up the lower 280 MHz of the C-Band spectrum for wireless and 5G development, while moving the current occupants of that spectrum to the upper 200 MHz of the band. Those being relocated have different options for reimbursement, including a lump sum payment determined on average cost of all estimates.
[Read: Takeaways From the NAB’s C-Band Webinar]
ACAC, whose members include cable operators that would be impacted by the C-Band auction, has been fighting the FCC’s final cost catalog and lump sum payment amount because it did not include IRDs (integrated receivers/decoders) into the calculation, which it says would help with a transition to the more efficient fiber delivery. ACAC has been petitioning the FCC to review the cost catalog calculations again and recently made a court filing to stay the current lump sum deadline of Sept. 14.
NAB opposes these actions by ACAC, claiming the group is “seeking handouts” and that the association’s primary focus is to increase its memberships’ wealth at the expense of other parties and the overall goal of repurposing the spectrum.
According to NAB, the public notice determining the lump sum payment does include IRDs, but for satellite operators not the individual MVPDs that ACAC is petitioning for; NAB says this is the right determination. NAB also denies the ACAC accusation that the process of calculating the lump sum was flawed. NAB does not believe any of ACAC’s arguments hold water.
Rather, NAB views these actions by ACAC as “the latest step in ACA’s ongoing quest to transform a spectrum reallocation process into a cash cow that will funnel funds from winning flexible use license bidders to ACA’s members.”
“Broadcasters, programmers, satellite operators and other stakeholders are about to undertake a complex transition that must be concluded in an ambitious timeframe,” the NAB wrote. “The commission’s focus should remain on ensuring that this process unfolds in an orderly and efficient manner that preserves content distribution and protects American viewers and listeners — not on maximizing payments to ACA’s members. We urge the commission to reject the Application for Review.”
The FCC is currently planning to conduct the C-Band auction on Dec. 8.
The post NAB: ACAC Seeking “Handouts” With C-Band Lump Sum Demands appeared first on Radio World.
FCC Cuts Deal With Broadcasters Over Political Files
The FCC is openly giving radio broadcasters a chance to reboot their online political file efforts and address timeliness issues for candidate and issue advertising rate uploads. The commission for now appears to be ending investigations into those online public files and holding off fining broadcasters that need to catch up.
The most recent developments stem from an investigation the commission launched in early 2019 following a complaint against Entercom and its Buffalo, N.Y., cluster from a political candidate and whether she was charged the lowest unit rate possible during the 2018 election cycle.
[Read: Yet More Settlements in Political File “Derelictions”]
During that investigation several other major radio groups self-reported political file issues to the FCC with hopes of reaching an agreement on compliance. The National Association of Broadcasters helped broker an agreement earlier this summer that resulted in signed consent decrees with a half-dozen major radio groups that close FCC investigations and ensures compliance, but do not levy fines, said Robert Baker, an FCC attorney who appeared on a recent webcast hosted by the New York State Broadcasters Association.
“These consent decrees will require the broadcasters to submit compliance plans for the remainder of this year and through the end of 2021,” Baker said. Along with Entercom the group of six includes Alpha Media, Beasley Media, Cumulus Media, iHeartMedia and Salem Media Group. The broadcasters admit they were tardy in updating their online political files with relevant materials, according to the FCC. In all, the six groups own nearly 1,900 radio stations.
“It is crucial that stations maintain political files that are complete and up to date because the information in them directly affects, among other things, the statutory rights of opposing candidates to request equal opportunities,” according the consent decrees.
The FCC has recently been more focused in online political file compliance, observers say, most likely because of the current election cycle and the resulting political advertising being placed.
[Read: Big Radio Companies Settle With FCC on Online Political Files]
The FCC’s consent decree with Entercom is blunt in its wording: “Entercom has now formally agreed to enter into the attached consent decree, pursuant to which Entercom admits that it repeatedly violated its political file obligations by not uploading required records in a timely manner. Entercom further agrees to implement a comprehensive compliance plan to ensure future compliance with its political file obligations and to submit periodic compliance reports to the bureau.”
“The goal of our efforts is to gain compliance. Simple as that,” Baker said during the webinar.
Similarly, the FCC has resolved online political files compliance issues with another 107 smaller radio licensees, again through consent decrees, that are meant to ensure future compliance. None of the smaller radio broadcasters will face monetary fines.
For instance, the FCC recently released a consent decree with radio licensee Carter Broadcasting, which owns WSBZ(FM) in Miramar, Fla. The FCC found the licensee failed to comply with political file requirements and suspended processing its license renewal application as a result. The consent decree stated: “Carter Broadcasting, Inc. agrees, among other things, to implement a comprehensive compliance plan to ensure future compliance with its political file obligations and to submit periodic compliance reports to the Media Bureau.”
Baker, the FCC attorney, encourages radio licensees that have been derelict in maintaining their online political file to reach out to the FCC for assistance if it is needed.
The commission says it first adopted rules requiring broadcast stations to maintain public files documenting requests for political advertising time more than 80 years ago. The FCC transitioned the public file from in-station to online for all radio licensees in 2018.
See more stories on Political Files here.
The post FCC Cuts Deal With Broadcasters Over Political Files appeared first on Radio World.