The FCC is combining processing of applications for Nexstar buying Tribune with planned divestitures (see 1903200058) to Circle City Broadcasting, Scripps and Tegna. "Because this proceeding involves multiple transactions in multiple markets, and requires coordinated timing to effectuate divestitures of certain stations that are necessary for approval of the overall transaction, we find that consolidated processing of the Divestiture Applications, and their incorporation into this docket, will result in administrative efficiency and ensure a comprehensive record," said a Media Bureau public notice Friday on docket 19-30. The commission accepted the original deal applications for filing Jan. 28, and now does so for the divestitures, the PN said. Applicants contend Nexstar will have “an attributable interest in television stations reaching 38.2965% of the national audience," it noted. The national viewership cap is 39 percent. Without the divestitures, the Nexstar/Tribune deal would have exceeded it by 8.1 percent. Petitions to deny are due May 27, oppositions to those petitions June 11, and replies June 18, per the PN. "Petitioners and commenters should raise all issues in their initial filings. Replies may only address matters raised in oppositions. A party or interested person seeking to raise a new issue after the pleading cycle has closed must show good cause why it was not possible for it to have raised the issue previously." The divestitures are worth more than $1 billion and the overall deal some several billion. Nexstar didn't comment Friday evening.
The FCC should clarify how the proposed 45 dBu interference contour in the draft FM translator order interacts with grandfathered “super-maximum” Class B FM stations, which have far more range than comparable stations, said low-power FM group REC Networks in a letter to Media Bureau Audio Division Chief Al Shuldiner posted Thursday in docket 18-119 (see 1904180063). “While these super-powered Class B stations comprise of less than two percent of licensed FM stations, they are much more prevalent in California.” Their “super-powered" 45 dBu contour can cover tens of thousands more square miles than other stations in their class, REC said. Clarify whether the draft order would limit FM translator interference complaints at such stations’ class maximum 45 dBu contour or the “super-powered” contour, REC asked. KBIG(FM) Los Angeles’ class maximum contour covers more than 99 percent of Los Angeles, but its super-powered 45 dBu contour “extends to cover the entire Ventura/Oxnard and San Bernardino-Riverside markets as well as portions of the Bakersfield, Victor Valley and San Diego metro markets,” REC said. “REC supports the class maximum 45 dBu contour as the outer limit in this case as it would be consistent with other policies on super-powered stations.”
The FCC Media Bureau approved transfer applications connected with iHeartMedia’s bankruptcy reorganization, said an order in Wednesday’s Daily Digest. The transfers move iHeart’s stations to the reorganized company owned by its new shareholders. “Upon iHeart’s emergence from bankruptcy, all of the existing capital stock of iHeart will be cancelled, and all of the new stock will be distributed to holders of debt and other creditors of iHeart and/or their designees,” the order said. “Following the consummation of the transactions involved here, no single person or entity, or group of commonly-controlled persons or entities, will hold a controlling interest in Reorganized iHeart.” Due to grandfathered ownership combinations, iHeart exceeded ownership limits in two markets in Georgia and Minnesota, and the transfer order requires a radio station in each of those markets to be divested. KSNR Fisher, Minnesota, and WHFX Darien, Georgia, will be transferred to a divestiture trust and are required to be sold to an unaffiliated buyer within two years. The transfer of control means iHeart’s pending FM translator applications will be dismissed. “The Commission has received no petitions to deny or informal objections to the Applications,” the order said of the reorganization. The broadcaster didn’t comment.
Formerly confidential incentive auction broadcaster bidding information released by the FCC Monday (see 1904220054) reveals the “highs and lows” some stations experienced during the auction, Wiley Rein broadcast attorney Ari Meltzer blogged. The final station in the auction, Mid-State Television’s WMFD-TV Mansfield, Ohio, was initially frozen in first round of the reverse auction at $71 million, only to have its offered price drop to $17 million in Round 43 of Stage 4, Meltzer said Monday in a post emailed the following day. WMFD's price later dropped to $7 million and then nothing, which Mid State declined. Of the 175 stations with winning bids in the auction, the overwhelming majority -- 160 -- didn't have their final price frozen in the auction until the final stage, Meltzer said.
The FCC Media Bureau seeks comment on a joint petition for rulemaking to swap channels in Buffalo, said an NPRM in Tuesday’s Daily Digest. Nexstar and WUTV Licensee want to swap the slots of Nexstar’s WNLO, now on channel 32, and WUTV, on channel 36. WUTV Licensee owns WUTV. The broadcasters want waiver of the bureau’s freeze on filing and processing of petitions for digital channel substitutions, the NPRM said. “Petitioners claim that the channel substitution serves the public interest because it would allow for a more efficient allocation of UHF television channels and resolve significant over-the air reception problem.”
The 3rd U.S. Circuit Court of Appeals should deny a motion from anti-media consolidation petitioners in the 2014 quadrennial review case against the FCC's seeking permission to enter supplemental evidence on standing, filed (in Pacer) industry intervenors including NAB, Fox and Sinclair, calling it an "eleventh-hour motion.” Petitioners, which include Prometheus Radio Project and Free Press, “provide no reason (aside from a cursory and erroneous assertion that their standing is self-evident) why they could not have included these facts with their opening briefs, filed almost four months ago,” broadcasters said Monday. A challenge to restoring the UHF discount in the D.C. Circuit brought by many of the same petitioner groups was dismissed for lack of standing after the groups sought late to supplement their standing, broadcasters noted. Though petitioners argued the D.C. Circuit has a local rule allowing supplemental appendices, the QR case is in the 3rd Circuit, and the D.C. rule refers to supplements filed with the opening brief, broadcasters said. Anti-consolidation filers argued they have standing by being the petitioners in previous challenges to QR orders in the 3rd Circuit. “This Court’s prior decisions do not address Petitioners’ standing,” the broadcasters said. “Petitioners could not reasonably have believed that their standing was self-evident, for the simple reason that they are not regulated by the media ownership rules.”
The FCC Media Bureau order authorizing Connecticut Public Broadcasting’s move of WEDW Bridgeport to Stamford (see 1904080017) took effect Friday, said that day's Federal Register.
The FCC’s streamlined reauthorization rules for transferred broadcast satellite stations will take effect May 15, the Media Bureau said in a public notice released Tuesday in docket 18-63.
Recent FCC radio station license renewal public notices indicate the agency will closely watch for noncompliance with online public file obligations during the upcoming renewal process, said Wilkinson Barker radio attorney David Oxenford in a blog post Tuesday. As expected, the PNs announced the renewal process’ move to the license management system (see 1904090063) and urged radio licensees to keep their online public files up to date. “Radio station operators should carefully review these new forms and their revised instructions and familiarize themselves with the workings of LMS if they have not already used that system,” Oxenford said.
Streamlining reauthorization for satellite TV stations takes effect May 15, says a notice for Monday's Federal Register. Commissioners 5-0 last month approved the order (see 1903120048). It lets applicants transferring a satellite TV station do so without extensive showings it should keep that status, if there aren't other material changes.