Geotargeted radio ads won’t have negative economic consequences for radio stations because the tech would be voluntary under the proposed change to the FCC’s booster rules, said GeoBroadcast Solutions in an ex parte filing posted Monday in docket 20-401. “No broadcaster will do so if it would not be economically advantageous,” said GBS, which owns the geotargeted radio technology. Under the proposal, “some radio broadcasters may continue to offer market-wide ad buys,” said GBS. “Other broadcasters may realize that they can increase revenue, in a race to the top, by segmenting the market.” Opponents of the rule change, which include large radio industry groups such as iHeart, have said geotargeted ads would bring down ad rates for the whole industry. “It is not the FCC’s job to legislate business approaches,” GBS said.

The full FCC rejected an appeal by Deerfield Media and other broadcasters of a $512,228 per station forfeiture order over violation of the good faith negotiation rules, said an order on reconsideration Monday (see 2107280068). The stations involved are affiliated with Sinclair Broadcast through service agreements, but Sinclair isn't a party in the proceeding. The broadcasters argued the forfeiture order violated their right to due process because they lacked fair notice that they were violating the rules and of the magnitude of the penalty. “Dismissal of the Petition is warranted under section 1.106 of the Commission’s rules because Defendants failed to raise their constitutional due process arguments earlier in this proceeding though they could have done so,” the order said. The broadcasters also didn’t make any public interest arguments for why their forfeiture should be reconsidered, the order said. “We are not persuaded that Defendants lacked notice of the potential magnitude of sanctions for violation of the good faith standard and rule.” The order also rejected arguments by individual broadcasters that their forfeiture amount should be reduced for inability to pay.

Compliance with the FCC’s foreign-sponsored content rules is required beginning Tuesday according to a notice for that day’s Federal Register. The U.S. Court of Appeals for the D.C. Circuit denied a stay of the rules requested by broadcast groups (see 2202250061), but oral argument in the broader challenge to the rule change will be April 12. The effective date of the requirements was delayed while waiting for OMB Paperwork Reduction Act approval. The rules require broadcasters to check if entities seeking to lease broadcast time are registered as foreign agents in FCC or Foreign Agents Registration Act databases and then air disclosures if the content is sponsored by a foreign government.

The FCC Media Bureau is seeking comment on channel substitution requests for E.W. Scripps stations in Montana, said multiple NPRMs in Friday’s Daily Digest. Scripps is seeking to change KRTV Great Falls from Channel 7 to 22 in docket 22-117, KBZK Bozeman from 13 to 27 in docket 22-114, KXLF-TV Butte from 5 to 15 in docket 22-115, KPAX-TV Missoula from 7 to 25 in docket 22-116, and KTVH-DT Helena from 12 to 31 in docket 22-118. Comments on the NPRMs will be due 30 days after Federal Register publication, replies 45 days after.

Teton Parent, a subsidiary of Apollo Global Management, is seeking FCC permission to be more than 25% foreign-owned in connection with Standard General’s proposed $8.6 billion buy of Tegna’s TV stations (see 2202220062), said a non-docketed petition Thursday for declaratory ruling. That deal involves stations being transferred to Apollo’s CMG Media, and would leave Apollo with a nonvoting interest in Standard General. The foreign ownership petition is necessary because 50% of the equity of Standard General is controlled through investment funds in the Cayman Islands and the British Virgin Islands. “100% of the voting control of each of these funds ultimately is held” by Standard General Managing Partner Soohyung Kim. Apollo’s nonvoting shares in Tegna will also mean that after the deal Tegna will be 49.16% foreign-owned, the petition said. Teton Parent wants the FCC to permit it to be up to 100% foreign-owned, the petition said. “Grant of this request will serve the public interest by facilitating TPC’s access to capital to complete a transaction that will result in the largest minority-owned and female-operated U.S. broadcast station group in history,” the petition said.

Petitions to deny noncommercial educational window tentative selectees are due 30 days after the order's March 9 publication (see 2203090054).

Final filings in the FCC hearing proceeding on the license of a Pennsylvania broadcaster convicted of attempting to have a woman raped are due Dec. 14, said an order Thursday in docket 21-401 (see 2112020025). Roger Wahl, the licensee of WQZS(FM) Meyersdale, Pennsylvania, is representing himself in the case. Administrative Law Judge Jane Halprin repeated in the order that parties in the case can’t unilaterally communicate with her and must submit documents via the FCC’s electronic comment filing system. “Failure to adhere to the Commission’s hearing regulations and procedures, including filing deadlines, could lead to dismissal of this proceeding with prejudice,” the order said. Also on Thursday, Wahl submitted some testimonials from listeners into the docket. One writer said that Wahl made decisions she doesn't condone, "but to punish both he and the public for a community service radio station ... is the wrong thing to do.” Wahl “has been a huge promoter of local athletics and I know from experience that student/athletes love when the radio crew shows up at the games,” said another letter.

It's “impossible” for the FCC to improve diversity in broadcasting without measuring it through equal employment opportunity data, said United Church of Christ Media Justice Ministry Policy Adviser Cheryl Leanza in an ex parte filing posted Thursday in docket 98-204. “Without data, neither broadcasters nor the FCC nor the public can know whether broadcasters and the Commission have achieved their goal of improving employment diversity.” Comcast and Disney, which own broadcast stations, already voluntarily release EEO data, and common carriers are required to publicly submit EEO data to the FCC, Leanza said. FCC release of employment data “would allow the court of public opinion to render its judgment," Leanza said. That is judgment that NAB "clearly seeks to avoid by suppressing its members’ employment data,” she said.

The FCC Media Bureau seeks comment in docket 22-112 on Gray Television’s request to shift WDTV Weston, West Virginia’s channel from 5 to 33, said a public notice Wednesday. Comments are due 30 days after the PN is published in the Federal Register, replies 45 days.

The FCC Media Bureau identified tentative selectees in 15 groups of mutually exclusive (MX) applications for noncommercial educational FM construction permits from the November NCE window, said a public notice Wednesday. The selectees include Etheree Group’s application to serve Key Colony Beach, Florida; Spokane Public Radio’s application to serve Kettle Falls, Washington; and Gallup Public Radio’s application to serve Zuni Pueblo, New Mexico. The bureau made its choices using an analysis based on which applicant would provide a first or second NCE radio station to at least 10% of the population in the proposed service area if the service area has at least 2,000 people, the PN said. If two applications in an MX group meet those criteria, the bureau analysis favors the applicant serving the most people, with some additional considerations, it said. Petitions to deny the applications of the selectees are due 30 days after the order is published in the Federal Register.