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FCC To Vote To End Sharing Agreements


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B&C states late today, that the NAB went to the U.S. Court of Appeals in DC to attempt to overturn's FCC new strict processing guidelines relating to station applications that include sharing arrangements and contingent financial interests.
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The CommLawBlog has stated that the JSA Attribution Rule will be in effect on June 19. Stations with existing JSAs would have two years after the June 19, 2014 date to unwind. This comes after the 2014 Quadrennial Review is now posted on the Federal Register.

 

But if anyone who wants to file a petition to reconsider its JSA R&O, have to have those filed by June 19. And if anyone wants to challenge its ruling to the courts, you have to file by July 21.

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  • 2 weeks later...

 

B&C states late today, that the NAB went to the U.S. Court of Appeals in DC to attempt to overturn's FCC new strict processing guidelines relating to station applications that include sharing arrangements and contingent financial interests.

 

And now B&C just stated today that the NAB will also file a suit over FCC March 31st ruling on the attribution of JSAs. And it looks like Prometheus is suing too.

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And now B&C just stated today that the NAB will also file a suit over FCC March 31st ruling on the attribution of JSAs. And it looks like Prometheus is suing too.

 

I don't think Prometheus is coming in defense of Sinclair and its ilk, but it appears that they think what constitutes a Joint Sales Agreement by FCC standards is a bit vague. It almost sounds like they think the restrictions don't go far enough. Well, the big broadcasters have already found the loopholes in the new rules.

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B&C state that the U.S. Court of Appeals in the First Circuit in DC will hear both the NAB & Prometheus cases.

 

Last week, the NAB filed suit in the First Circuit, while Prometheus filed their suit in the Third Circuit in Philly. So the U.S. Judicial Panel of Multidistrict Litigation had to form a lottery to see which venue was going to hear those cases. and the First Circuit in DC won.

 

Prometheus was hoping that the case would be in Philly, since many had previous challenges to the FCC's ownership rules before. They could still ask the courts to move the case to Philly. NAB states that the court in Philly may not be as friendly to the broadcasters' cause, as the DC court is.

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It looks like Congress folk is going to state their stance on this issue and other issues including why the FCC didn't complete the 2010 Quadrennial review when they have a House Communication Subcommittee meeting about Media Ownership next Wednesday.

Huh, well look at that. I don't expect it to go much further then this committee hearing. But, it's nice to see someone calling the FCC out on their BS as of late.
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So the B&C state today, the FCC lawyers have asked the courts to drop NAB suit about their March 12 Public Notice stating how they would review station deals with various sharing arrangements. The FCC state that public notice stated back in March 12 isn't a final order. And the FCC stated, even if the courts to review it, the NAB didn't file an application of review afterward.

 

Meanwhile, the NAB, the FCC and others have made their prepared testimonies of that HCS hearing tomorrow.

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I find this a bit of a surprise.

 

TVNewsCheck posted that five democrats wrote a letter to the FCC to voice their concern about Wheeler's latest crackdown on the joint sales agreements. They say that the waiver policy should go forward if that JSA promote more local news or other programming, emergency info, and expand opportunities for women & minorities to own stations.

 

They are also disturbed about Wheeler's new process guidelines involving deals with other sharing arrangements, which causing those applications to stall at the FCC.

 

This comes after yesterday's discussion about Media Ownership, conducted by the House Energy & Commerce Committee.

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There needs to be a compromise between preserving stations and preventing abuse of multiple signals. I can think of one idea:

 

* All JSA's/SSA's/LMA's should be deemed ownership of station.

 

* All rankings should only include full-power, commercial stations. PBS and non-commercial/religious stations cannot be counted for rankings purposes.

 

* Significant loosening of the rules would accompany such though, allowing duopolies in almost all markets:

** Top 50 markets - Top 4 must be separately owned and operated

** All other markets - Top 3 must be separately owned and operated

** The "eight voices" rule for duopolies should be eliminated; any company can purchase a second station ranked outside the top 3 or 4 (based on market size).

 

* For triopolies, they would only be permitted in a few circumstances:

** Top 50 markets - Only permitted if 9 or more commercial full-power stations, and the third station cannot be in the top 8

** All other markets - Only permitted if 7 or more commercial full-power stations, and the third station cannot be in the top 6

 

* Full-power quadropolies would never be permitted.

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There needs to be a compromise between preserving stations and preventing abuse of multiple signals. I can think of one idea:

 

* All JSA's/SSA's/LMA's should be deemed ownership of station.

* All rankings should only include full-power, commercial stations. PBS and non-commercial/religious stations cannot be counted for rankings purposes.

* Significant loosening of the rules would accompany such though, allowing duopolies in almost all markets:

** Top 50 markets - Top 4 must be separately owned and operated

** All other markets - Top 3 must be separately owned and operated

** The "eight voices" rule for duopolies should be eliminated; any company can purchase a second station ranked outside the top 3 or 4 (based on market size).

* For triopolies, they would only be permitted in a few circumstances:

** Top 50 markets - Only permitted if 9 or more commercial full-power stations, and the third station cannot be in the top 8

** All other markets - Only permitted if 7 or more commercial full-power stations, and the third station cannot be in the top 6

* Full-power quadropolies would never be permitted.

 

If you're out to destroy the broadcasting industry this is a great proposal...

 

And about your last point, the full power quadropoly in Little Rock has seen virtually little change since it's sale to Mission. In fact they have more resources and put out a better product now with Nexstar's assistance.

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The CommLawBlog has stated that the JSA Attribution Rule will be in effect on June 19. Stations with existing JSAs would have two years after the June 19, 2014 date to unwind. This comes after the 2014 Quadrennial Review is now posted on the Federal Register.

 

But if anyone who wants to file a petition to reconsider its JSA R&O, have to have those filed by June 19. And if anyone wants to challenge its ruling to the courts, you have to file by July 21.

 

And just to remind the groups with existing JSAs, the FCC Media Bureau has issued a public notice reminding folks that the new JSA attribution rule goes in effect TOMORROW! And the ones with existing JSAs would have until June 19, 2016 to come into compliance with the new rule.

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  • 2 months later...

 

B&C states late today, that the NAB went to the U.S. Court of Appeals in DC to attempt to overturn's FCC new strict processing guidelines relating to station applications that include sharing arrangements and contingent financial interests.

 

This is not good news for some of the broadcasters.

 

B&C stated tonight that the courts have rejected NAB's petition to challenge the FCC about its March 12 notice on scrutinizing deals involving sharing arrangements. The court stated that their public notice was not challengable because it wasn't an order and and it wasn't reviewed by the Commission.

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