Programs/Content

Advocates press FCC to open more channels for LPFMs

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NPR, the National Association of Broadcasters and advocates for low-power radio expressed opposing views to the FCC in a proceeding that will shape the future of the commission’s expanding class of low-power FM broadcasters. For the second time since it created the LPFM service in 2000, the FCC has been preparing to accept another round of applications from would-be LPFM operators. In March the commission asked broadcasters and other stakeholders to comment on changes that it may implement before granting the next wave of low-power licenses. The licenses go strictly to noncommercial operators, and so far have permitted stations of only up to 100 watts. This time the stakes are particularly high for LPFM hopefuls, as the commission expects all available LPFM frequencies may be exhausted in the next application window.

Development

Court would let public stations sell candidate and issues ads

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No, there won’t be any windfall of Obama and Romney Super PAC gazillions for public stations this year. By a 2–1 vote, a three-judge panel of the U.S. Court of Appeals in San Francisco did indeed rule April 12 that public broadcasters can carry political and public-issue commercials, but the decision is unlikely to take effect any time soon, even in the Ninth Circuit states of the West. Neither side in Minority Television Project v. FCC got everything it wanted in the decision, so one or the other could ask the appeals court for a review by a larger panel of its judges even before the District Court implements the appeals court’s order. For Minority Television Project, licensee of San Francisco pubTV station KMTP, the court decision left standing the main legislation that bars untrammeled advertising on public stations. The low-profile non-PBS station, which fills much of its four DTV multicast channels with German, Chinese, South Korean and other imported or foreign-language programs, went to court after the FCC fined it $10,000 for violating that law 1,900 times between 1999 and 2002.

Development

With FCC’s eye on Daystar, WMFE-TV sale nixed

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The FCC has delayed decisions on two transactions involving sales of public TV stations to Daystar Television Network to examine whether the religious broadcaster meets its criteria for localism and educational programming by noncommercial broadcasters. The scrutiny scuttled a deal involving WMFE in Orlando, pending for nearly a year, and held up a decision on KWBU in Waco, Texas. Daystar, a Texas-based religious network, has been in the market for public TV stations since at least 2003, when it paid $20 million for KERA’s second TV channel in Dallas. It most recently bid on KCSM in San Mateo, Calif. The WMFE sale fell apart after the FCC sent queries to the local entities that had been set up to operate the Orlando and Waco stations.

FCC

FCC authorized to auction off TV spectrum

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Legislation enacted last week to authorize FCC auctions of TV spectrum contains some protections for pubcasters, but broadcasters will face technical challenges that will exceed the difficulties of their transition to DTV just four years ago. The new law sketches out an extraordinarily complex process of auctioning off TV broadcast spectrum to mobile digital carriers and repacking reduced TV channels in the remaining spectrum, though many questions remain unanswered. The law now assures broadcasters that any spectrum giveback will be voluntary, for noncommercial and commercial operators alike. The FCC will not force any relocations from UHF to VHF or from high to low VHF channels. It will hold just one round of auctions, mandated for completion within 10 years, and one repacking to arrange the spectrum more efficiently.

Programs/Content

As NBC partners, pubmedia may expand reporting, visibility

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NBC will share stories, resources and content distribution with two public broadcasters, ProPublica and two local nonprofit newsrooms under the FCC agreement clearing Comcast’s 2011 takeover of NBC Universal. If the preexisting, five-year collaboration between NBC-owned KNSD in San Diego and the nonprofit Voice of San Diego news site is anything to go by, news consumers may see real benefits. Boosting NBC Universal stations’ local content through partnerships with nonprofit news organizations was one of the conditions placed on the network to complete its deal with Comcast. ProPublica, the Pulitzer-winning investigative enterprise that frequently partners with other top news outlets, will work with WNBC-TV in New York, as well as with all 10 NBC-owned stations in the country. In other metro areas, WCAU in Philadelphia will work with pubcaster WHYY, and KNBC in Los Angeles with team up with public radio station KPCC, operated by a sister organization to American Public Media.

People

CPI hires four, Abumrad gets $500K MacArthur fellowship, three join FCC panel, and more…

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Ellen Weiss, the NPR News chief who took the network’s blame for the Juan Williams affair, has joined the Center for Public Integrity as its executive editor as of Oct. 3, the watchdog newsroom announced. The center is headed by one of her predecessors at NPR, Bill Buzenberg. “Ellen Weiss is one of the best and most creative news executives in the business,” he said in a news release. CPI hired three other top editors, including Christine Montgomery, the center’s new chief digital officer, who was managing editor of PBS.org for two years while it expanded and then sharply reduced its online-news plans.

Quick Takes

Ohio’s WYSO to boost signal power, move to better facility

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WYSO-FM in Yellow Springs, Ohio, will move to renovated studios and increase its signal strength from 37,000 watts to 50,000 watts before year’s end, thanks to a $1 million grant from its licensee, Antioch University, approved by the school’s board Sept. 23. The upgrade will extend the station’s reach in southwest Ohio and improve signal quality. The FCC has approved the changes, university officials said in a statement. “Fifty thousand watts is a big deal,” WYSO General Manager Neenah Ellis said in the release.

Quick Takes

As clock ticks, Native groups ask FCC for more time

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Native Public Media and the National Congress of American Indians are warning the FCC that many tribal licensees may be unable to meet deadlines for station construction permits granted since 2007. For one week that October, the FCC accepted applications for new full-power noncommercial educational stations — the first time the agency had done so in seven years. Native American groups spread the word about the rare opportunity to claim a share of FM spectrum. Tribal organizations filed 58 applications and won 38 construction permits (CPs). If built, the stations will more than double the 33 currently broadcasting to tribal lands nationwide (Current, Nov.

System/Policy

Fed role: help ‘nonprofit news operations … gain traction”

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The new report to the FCC about the state of the media and the future of American journalism estimates that filling gaps in local reporting would cost from $265 million to $1.6 billion a year. It also suggests various ways in which the government could help nonprofit media afford to bridge that chasm. “The main focus of government policy should not be providing the funds to sustain reporting but helping to create conditions under which nonprofit news operations can gain traction,” the report advises. But observers point out that the FCC has no power to make many of those changes, which include adjusting tax laws for pubmedia organizations, getting foundations to fund more journalism, and rethinking CPB’s legislated spending proportions to allot more money to nonbroadcast and multimedia innovators. “Information Needs of Communities: The Changing Media Landscape in a Broadband Age” was released June 9.

History of public media

Adrift, mute and helpless

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Why everyone but public broadcasters is making federal policy for public media

The FCC’s recent National Broadband Plan and its Future of the Media initiative have highlighted a chronic problem in U.S public broadcasting: The system has no long-term policy planning capacity, and therefore it always has had great difficulty dealing with the periodic efforts by outsiders to critique and “reform” it. Public broadcasting ignores most media policy research, whether it originates in academia, think tanks or federal agencies, and it often seems out of touch with major national policy deliberations until too late. That disengagement is highly dangerous because it allows others to set the national legal and regulatory agenda for communications without assuring adequate policy attention to public-service, noncommercial and educational goals. Such policy initiatives also can negatively affect the funding and operating conditions of every public licensee. This article, the first of two, examines the history and recent serious consequences of that disengagement.

System/Policy

It’s a plan

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Comic recreation of a gripping behind-the-scenes drama playing itself out at the Federal Communications Commission, animated using Xtranormal technology.

Programs/Content

Indecency’s winding road, 1978-2006

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July 3, 1978
FCC v. Pacifica Foundation: The Supreme Court upheld the FCC’s right to ban indecent speech when children could be expected to be in the audience. Pacifica’s WBAI in New York had aired George Carlin’s “Filthy Words” monologue in the afternoon of Oct. 30, 1973. Upshot: Confirmed both the FCC’s right to regulate indecent language and its definition of such speech as that which depicts “sexual or excretory activities or organs in terms patently offensive as measured by contemporary community standards for the broadcast medium.” Indecent material falls short of obscenities, which are banned at all hours. Aug.

Why public media?

Hundt: System needs openness of 4 kinds

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Attorney and former FCC chairman Reed Hundt , a co-chair of the PBS-appointed Digital Future Initiative, previewed his thinking in a Current commentary seven months before the panel issued its recommendations at the end of 2005. See also Co-chair James Barksdale’s commentary. Jim Barksdale said at the very first meeting of the Digital Future Initiative that one thing that he learned in his different business successes is that the main thing is to make the main thing always be the main thing. I’m going to try to do that today by telling you the main thing on my mind after working for months with our distinguished panel and bringing in lots of other people to talk to us. I’ll tell you straight from the shoulder: I think public broadcasting is in one of those slowly developing, hard-to-spot situations that is, in fact, a real crisis.

System/Policy

Required filing: a chance to show your stuff!

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Quick — what’s your reaction when someone asks to see your station’s public file? A smile or a wince? And why does it matter? Read on.In November the New York Times published a series on nonprofit accountability, once again parading before the public the missteps of the American Red Cross post-9/11 and the malfeasance of various United Way agency executives. You could imagine nonprofit leaders across the country in a collective cringe.

System/Policy

Dereg struggle seen assisting public TV

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There’s hope for public broadcasting in the upwelling of citizen opposition to FCC deregulation of commercial TV, broadcast historian Robert McChesney said in a keynote address at the PBS Annual Meeting June 7. “It’s this movement of an aroused and engaged citizenry that really is the future that will genuinely expand and enhance public-service media in the United States,” McChesney asserted. Dereg became a matter of public debate as the FCC adopted new rules June 2, loosening limits on station ownership. A single company can now own stations reaching up to 45 percent of the country’s population, up from 35 percent (and the real reach permitted is greater, since the FCC by policy counts only half of UHF viewers). The changes are expected to excite a frenzy of station purchases by media giants.

System/Policy

Will Senate loosen definition of ‘educational’ channels?

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Public broadcasters are ramping up efforts to secure support of their position in the Senate after the House of Representatives overwhelmingly approved legislation that could force the FCC to permit religious broadcasters to use reserved noncommercial educational channels without determining whether they carry educational programs or not. The Noncommercial Broadcasting Freedom of Expression Act, H.R. 4201, passed the House 264-159 on June 20, with six Republicans and 153 Democrats opposed. The legislation, sponsored by Rep. Charles W. “Chip” Pickering (R-Miss.) but largely rewritten by House telecom subcommittee Chair Billy Tauzin (R-La.), gives nonprofit organizations the right to hold noncommercial educational (NCE) radio or television licenses if the station broadcasts material the organization itself deems to serve an “educational, instructional, cultural or religious purpose.” The bill notes that religious programming “contributes to serving the educational and cultural needs of the public,” and dictates that the FCC treat it the same way it treats educational programming. Before the legislation’s passage, the House rejected an alternative offered by Rep. Edward Markey (D-Mass.) that would have mandated the reserved channels be primarily educational.

System/Policy

In fights for noncommercial channels, FCC gives an edge to the locals

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Until recently, it seemed that Simon Frech’s squabble with two religious broadcasters over an FM frequency would never end. In 1995, the FCC stopped considering competing applications from noncommercial broadcasters for radio and television frequencies, leaving Frech and many others in bureaucratic limbo. Adding it up
The FCC’s new point system for choosing among noncommercial broadcasters vying for the same frequency will reward several characteristics:

3 points if the applicant is locally based, which the FCC defines as being physically headquartered, having a campus, or having three-fourths of its board members within 25 miles of the community;

2 points if the applicant owns no other local broadcast stations. An applicant that can’t claim this credit but is part of a statewide network providing service to accredited schools can also claim 2 points;

1-2 points to an applicant whose frequency covers significantly more area and population than the next best proposal. “It’s frustrating,” says Frech, g.m. of KMUD in Garberville, Calif., who was about to launch a campaign to persuade the religious broadcasters to back off.

System/Policy

NPR asks FCC to delay, rethink low-power FM

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NPR took a different tack March 16 in the ongoing assault on the FCC’s controversial plan to license low-power FM (LPFM) stations. Lawmakers and the National Association of Broadcasters have opposed the measure outright, but in a petition for reconsideration and a motion for stay, NPR asked the agency to take another look at some aspects of LPFM and delay implementing the proposal until July 15. Specifically, NPR requested greater protections for translators, radio reading services, full-power stations on third adjacent channels from LPFM stations, and potential digital radio technology. The network says the motion for stay would allow more time for NPR and FCC lab and field tests of interference expected to be caused by LPFM stations. On Feb.