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Short Term License Renewal Following Silence

Issued a Notice of Apparent Liability for Forfeiture to Bet-Nahrain, Inc., in the amount of $9,000 for violations of Commission rules.

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Forfeiture for false certification that FM translator was constructed with authorized antenna

Olivier Cordier from Kiss FM West Coast shared these fantastic photos of the Monaco Média Diffusion transmission site on Mont Agel. This same site was originally built for Télé-Monte-Carlo, but it now hosts the MMD DAB+ multiplex the station operates on.

Kiss FM West Coast, along with a dozen other stations, uses the multiplex to broadcast to the French Riviera. The transmitter actually sits in French territory, but it operates on a frequency allocated to the Principality of Monaco.

The self-supporting metal structure for the antenna is original from the 1950s, even though the DAB multiplex, the second established by MMD, launched in 2016. The site is a complex RF environment with FM and digital television broadcasts, along with DAB+.

For the multiplex, MMD installed two Kathrein Broadcast panels in front of an existing tower, along with a Selecom multiplexer. Since then, two additional multiplexers were added to expand the DAB offerings.

An oddity of the old tower is that it has an adjustable mechanical tilt once uses to direct the TMC television signals. The mechanism is no longer usable, but the pylon remains tilted a few degrees downward. MMD had to install suitable antenna supports to compensate for the orientation.

“Monaco Média Diffusion’s equipment allows good DAB+ reception from the Italian border to Esterel thanks to an effective radiated power of 10 kW,” wrote Cordier. “We use four two-dipole panels towards Nice and two two-dipole panels oriented towards Monaco and Menton.”

The other stations on the multiplex are Fréquence Mistral, Hope Radio, Melody in Paris, Metropolys Riviera, MyZen Radio, NetRadio, Radio J, Radio Orient, RCF Nice Côte d’Azur,Sud Radio, Tech Radio, and Yellow Radio.

Cordier noted that while the station broadcasts across the French Riviera, one advantage of using a Monegasque frequency is that the stations need not follow French quotes for francophone music. “The law does not apply, which leaves each radio station great freedom regarding musical programming,” he wrote.

Looking up at the Mont Agel tower

 

A look inside at the multiplexer and transmitter

The post MMD’s DAB+ Multiplex With a View appeared first on Radio World.

Facing deadlines this year to pay back some of its $2 billion in debt, Audacy appears poised to file for bankruptcy protection, according to a report in the Wall Street Journal.

The WSJ says all that debt is about to trigger a Chapter 11 bankruptcy, possible within weeks, with senior lenders assuming ownership of the radio company following the reorganization. (Chapter 11 is the type of bankruptcy that allows a company to maintain operations while creating a plan to repay creditors, rather than Chapter 7, which involves liquidation of assets.)

Audacy has been slow rolling payback of its massive debt, which was mostly accumulated back in 2017 when the former Entercom Communications merged with CBS Radio. The broadcast company rebranded as Audacy in 2021.

The publicly-owned radio company has been skipping loan interest payments since late last year in efforts to facilitate talks with its lenders, according to reports to the U.S. Securities and Exchanges Commission. The broadcaster has blamed a softness in the ad markets for its inability to pay back the loans.   

The WSJ says Audacy — which has $632 million in first lien debt due in Nov. 2024 — has reached agreement with its lenders for a “pre-packaged bankruptcy plan.” The business and economy-focused newspaper reports lenders will help finance the reorganization. It’s unclear if Audacy CEO David Field will remain with the company following the reorganization. 

[Related: “NYSE Will Delist Audacy Stock as Planned“]

Audacy, which is one of the biggest U.S. radio owners with 230 radio stations in 46 markets, has gone through recent format reorganizations that have resulted in significant job losses through consolidation of on-air positions.

Equity research analyst Craig Huber with Huber Research Partners, LLC, who covers Audacy, told Radio World in an email that the radio company’s pending bankruptcy has been in the making for a long time.

“This has been evident to us for many years given long-term secular pressures on radio advertising and listenership and lack of focus on debt paydown and aggressive cost-cutting early enough,” Huber said. “The ill-advised merger with CBS Radio in late 2017, which added around $1.5 billion in debt, became the undoing of the company.”

In addition, Huber says digital revenue for the company “remains too small a part of the overall revenues for Audacy and peers to offset pressures in traditional radio.”

The Philadelphia-based company continues to lose money, according its most recent quarterly report, including a $281.7 million loss in the third quarter of 2023.

Audacy has been working with restructuring advisors from PJT Partners and attorneys from Latham & Watkins LLP, according to the WSJ report.

A Radio World email to Audacy seeking comment on the WSJ report was not immediately returned.

[Related: “Audacy Posts Big Operating Loss in Q3“]

The post WSJ Report: Audacy Close to Filing for Bankruptcy appeared first on Radio World.

A noncommercial FM radio station licensed to serve the tourist haven of Santa Catalina Island and Avalon, Calif., has been granted a truncated license renewal by the FCC.

Instead of eight years, it is getting a one-year renewal OK. Why? Periods of silence are to blame.

 

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A “comprehensive, multi-year deal” is now in place that keeps NBC network affiliation agreements for TEGNA stations in some 20 markets including Phoenix; Buffalo-Niagara Falls; and Portland, Ore.

The 20 TEGNA markets cover more than 21 million households, and nearly 17 percent of U.S. TV households.

As TEGNA is the largest independent owner of NBC affiliates, the new agreement was not a surprise.

“As the largest NBC affiliate group among independent station groups, we are proud of our longstanding partnership that enables us to serve local communities,” said TEGNA President/CEO Dave Lougee. “This new multi-year agreement allows our stations to continue providing consumers and advertisers with premium network content such as TODAY, Sunday Night Football and this summer’s Paris Olympic Games alongside our award-winning local news, weather and sports.”

Philip Martzolf, President of NBC Affiliate Relations, added, “TEGNA continues to be an important partner to NBC, bringing our loved, must-see programming to top markets across the United States. This renewal comes at the perfect time as NBC returns to primetime with midseason programming this week, as well as prepares for two of TV’s biggest moments in the election and Summer Olympics later this year.”

The agreement includes renewals for WXIA in Atlanta, Ga.; KPNX/KNAZ in Phoenix, Ariz.; KING in Seattle, Wash.; KARE in Minneapolis, Minn.; KUSA in Denver, Colo.; WKYC in Cleveland, Ohio; KGW in Portland, Ore.; WCNC in Charlotte, N.C.; KSDK in St. Louis, Mo.; WTHR in Indianapolis, Ind.; WTLV in Jacksonville, Fla.; WGRZ in Buffalo, N.Y.; WBIR in Knoxville, Tenn.; WCSH in Portland, Maine; KCEN/KAGS in Waco, Texas; KTVB in Boise, Idaho, along with KTFT in Twin Falls, Idaho; KWES in Odessa-Midland, Texas; KBMT in Beaumont, Texas; and WLBZ in Bangor, Maine.

The Chief of the FCC Media Bureau’s Audio Division has moved forward with sizable fine handed in August 2023 to the licensee of a Louisiana FM translator which was found to have constructed and operated from an unauthorized antenna for approximately two months.

This licensee was also found to have falsely certified to construction of the LPFM as authorized, “but without an intent to deceive.”

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It’s hardly a secret that the broadcast television industry’s reliance on retransmission consent revenue growth is an essential part of pleasing investors by bringing a stronger path to profits. Without this growth, over-the-air television could be strongly impacted by higher costs associated with the NEXTGEN TV rollout and newsroom upgrades and the continued weak core advertising climate.

MoffettNathanson examined closely the last six years, with respect to affiliate fee and retrans growth. The trends are concerning for the cable TV industry.

 

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Hearst Communications has asked a Federal District Court judge in Boston to grant a motion for summary judgment that would conclude a legal fight against the owner of broadcast television stations being waged by an individual who, until February 2022, was associated with its WCVB-5 in Boston.

Why? Although the plaintiff charges he suffered religious discrimination for being dismissed for not adhering to Hearst’s COVID-19 vaccination requirement for all employees, Hearst charges that other medication he takes nullifies his entire case.

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Broadcast equipment manufacturers continue to build back inventories after the extensive period of supply chain disruptions that began during the pandemic.

Orban says it is now shipping its Optimod 5950 and 5750 processors and has them in its inventory.

The 5950 earned a Radio World “Best of Show” Award at last spring’s NAB convention. Intended for FM and DAB+/HD Radio broadcasts, it uses a new hardware processing platform that the company says can be configured a variety of ways to meet a product’s requirements as well as incorporating desired options for customers. 

Features include six processing structures; intelligent two-band window-gated AGC controls; RDS/RBDS generator; AES67/SMPTE ST-2110 network interfaces, including Dante and Livewire+ compatibility; and support for SNMP V2. It also includes diversity delay, a “true peak” limiter and silence detection. Factory presets include Orban’s “Less-More” controls. Its controls may be accessed via a high-resolution touch display, IP streaming, or HTML5 web browser.

The new hardware platform also has been used in the Optimod 5750, also now shipping. It provides processing for FM analog as well as DAB+, HD Radio and streaming. 

[Related: “Inovonics Starts Shipping EAS Triple Tuner”]

The post Orban Ships Its New 5950 and 5750 Processors appeared first on Radio World.

Nearly three years ago, former HC2 Holdings executive Phillip Falcone returned to low-power TV ownership through the acquisition of two stations on the West Coast. Greg Guy, today with Tideline Partners, brokered that deal. A third property, in Seattle, was acquired in a separate deal.

Now, he’s the broker conducting the sale of the three stations from Sovryn Holdings.

 

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A Houston-based Christian Talk and Teaching station has in recent years expanded its reach to Lufkin and Nacogdoches, Tex. Other properties include FMs in San Angelo, Tex., and an AM in the Shreveport, La., market.

Now, the parent of KHCB-FM is agreeing to purchase a Class C3 FM serving a small Louisiana city to the north of Lake Charles.

 

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The paperwork was drafted nearly a month ago, and signed on December 19, 2023. On Wednesday, a filing was made with the FCC seeking its approval of the proposal.

Once the OK is given, Educational Media Foundation — parent of the donation-based KLOVE and Air1 Christian-music networks — and iHeartMedia will have traded two FM translators between one another.

 

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It’s helpful to review FCC enforcement actions for a glimpse of the types of regulatory issues and compliance problems the commission focuses on. Yet there is always nuance to what might attract its attention.

Broadcast attorneys and Alternative Broadcast Inspection Program inspectors talked to Radio World about common missteps they see radio broadcasters make.

Unsurprisingly given their resources, smaller broadcasters seem more prone to slipups than large group owners. But much also depends on a given company’s awareness of the requirements and the importance it puts on compliance.

Certain areas tend to draw the attention of the Enforcement and Media Bureaus. For instance, now that every station’s public file is accessible online, the FCC can monitor compliance far more easily. 

“The FCC has been paying close attention to quarterly file uploads to the Online Public Inspection File and looking closer at EEO reports,” one regulatory insider said.

Station logs that list EAS activations, tower light checks and RF transmission parameters require weekly review by a radio station’s chief operator, said Blake Thompson, president of BET Broadcast Engineering, who performs most of the ABIP inspections in the states of Ohio, Michigan and West Virginia.

He recommends logging transmitter power daily, or at least weekly with a newer unit, to demonstrate proper operation. 

Blake Thompson.

Station logs may be kept manually or electronically, but having electronic records doesn’t absolve the chief engineer of reviewing and signing a log, according to FCC rules. 

Stations also must keep an FCC application page on their website and a link to their public file. While these are not part of the ABIP checklist, they’re a common omission. 

Stations also must provide specific contact information on their websites for a station representative who can assist any person with disabilities with issues related to the content of the public files, Thompson said. 

And make sure the current copy of the EAS handbook, published by the FCC’s Public Safety and Homeland Security Bureau, is filled out at the station’s control point. 

Politics, TBAs and fees

Frank Montero, co-managing partner at the law firm Fletcher, Heald & Hildreth, said, “There have been a large number of consent decrees focused on the same issues, like public file and political file violations. EEO violations have been a focus as well.”

Because we are entering a major political year in 2024, Montero said stations should be focused on political broadcasting rule compliance, including lowest unit rate, equal time and political file compliance. 

“I recommend to my clients that they designate an employee to monitor their station’s local public file to ensure compliance,” he said. (Read a relevant Radio World article by attorney Gregg Skall.)

The year 2023 was a biennial ownership report year, Montero continued. 

“We always find corporate licensees — especially nonprofits with large boards — that have had an incremental transfer of control over the past few years without ever filing a transfer application.”

Biennial ownership reports were due Dec. 1 but if you are late, file the report anyway, Montero said.

Another potential pothole for broadcasters is improper use of FM translators and understanding the “dos and don’ts,” he said. 

Further, if your station is in a time brokerage agreement, make sure you have a properly drafted agreement and are aware of what the FCC allows in such cases. Keep the finances and station control separate from the broker, according to another person familiar with the relevant regs and enforcement. 

Also, commercial stations need to make sure they are current with their annual regulatory fees. “Being in arrears is certainly a red flag, which can block the processing of applications,” that person said, noting that there have been several recent revocations of broadcast licenses over regulatory fees that went unpaid over several years.

Alerting updates

Larry Wilkins, director of engineering services at the Alabama Broadcasters Association, says some stations fail to keep their EAS infrastructure up to date. 

“This includes ensuring they are operating with the correct software and security certificate, monitoring the correct sources and verifying the quality and levels of these sources,” he said.

As part of that compliance, stations are required weekly to review the station log, including all required EAS activations and correcting any observed issues, he said.

Wilkins, the ABIP inspector for Alabama, reminds stations to pay attention to maintenance at the transmitter site — “things like improper fencing around an AM tower, operating at the licensed transmitter power output, tower light monitoring, and maintaining an operational remote-control system.”

Frank Maynard, president of technical services firm Maynard and Associates, says missing EEO reports are a common problem, particularly at license renewal time. “The political file portion of the online public inspection file needs to be kept current, with new information uploaded the same day if possible,” he said.

Because the FCC no longer requires routine logging of transmitter readings, stations may be under the impression that a station log is not required, but that’s not the case.

“I advise stations to keep an accurate station log in one place,” Maynard said.

“Just a single sheet of paper weekly can be sufficient, noting EAS tests sent and received, daily and quarterly tower lighting checks, remote meter calibrations and power output readings. And it needs to be checked and signed by the chief operator weekly,” he said. 

Frank Maynard, left, talks with Bill Keith, station manager of WSDP(FM), Plymouth, Mich. (Credit: Rick Grzebik)

Maynard, who performs inspections for the ABIP program administered by the Michigan Association of Broadcasters, said remote meter calibrations and power output checks are sometimes forgotten. He recommends establishing a regular schedule.

“‘As often as necessary’ does not mean you don’t have to do it. And a basic piece of information, the indirect method efficiency factor, is often unknown or hard to find. It should be readily available. I suggest posting it on the transmitter and at the control point,” he said.

On occasion, the geographical coordinates listed on the license don’t agree with the actual coordinates, which can be checked using the satellite view on Google Maps. 

“Many deficiencies are simply a matter of good engineering practice, such as keeping documentation and logs at the transmitter site and establishing regular cleaning and maintenance procedures,” Maynard said.

Radio operators continue to receive warnings (and draw fines) for failing to “timely” file various required documents. This is often the case for the Issues and Programs list, due each quarter by the 10th day of the following month, according to one expert. 

A station might also encounter a complaint filed by another broadcaster. When one is received, the commission may send an inspector to the station, although our observers say this is less common now given the closure of many FCC field offices.

If you do run afoul of the FCC, the commission can initiate the investigative process by issuing a letter of inquiry — a series of questions regarding the alleged infraction — or it might jump directly to a notice of apparent liability or a notice of violation, which will cite the problem and give the license-holder 30 days to pay a fine or explain its side of the case. A broadcaster can then request a reduction or elimination of the proposed fine, which the FCC calls a forfeiture.

Our experts recommend being active with your state broadcast association, which can provide resources and notices of filing deadlines. They urge stations to take advantage of the ABIP programs, which are administered by the state associations.

Stations that participate in the alternative program receive a three-year exemption from routine FCC technical inspections. That exemption does not apply to inspection of the online public file, online political file or filings necessary to comply with EEO requirements. 

The ABA Engineering Academy’s YouTube page has several videos that walk viewers through an ABIP inspection.

What other issues might trip the FCC’s wire? Send a letter to the editor to radioworld@futurenet.com.

Enforcement Sampler

Pirate radio enforcement has received ample news coverage in recent years, but there are numerous other examples of recent actions that give a sense of what the commission has been looking for, involving administration, technical operation and programming. You can check out the following Radio World stories here.

• In November an AM station in Texas lost its license for failure to pay about $36,000 in regulatory fees that accumulated over a decade.
• In August the Media Bureau said a Louisiana licensee could be liable for a forfeiture of $12,500 after concerns were raised about the truthfulness of statements made during licensing and construction; the station allegedly swapped antenna type and mounted the antenna at the wrong height without authorization.
• In March the FCC yanked three FM translator licenses in Arizona and Nevada after the licensee was unable to prove operational status of the facilities.
• A Washington state broadcaster was apparently liable for $20,000 for unauthorized operations of an FM translator and making false certifications in an application with the intent to deceive the commission.
• An AM owner in Iowa faced an $11,000 fine in a case involving its online public inspection file and its transmission power levels.
• The Enforcement Bureau proposed a $25,000 fine saying the licensees failed to upload annual EEO reports to their online public files, failed to upload their EEO reports to the web and failed to “broadly recruit” for certain vacancies, analyze their EEO programs or maintain recruitment records.
• Last spring a Colorado low-power FM was assessed a $15,000 fine for airing commercials.
• In late 2022 the Media Bureau issued a $20,000 forfeiture to a California licensee for operating its AM station at the wrong power at night.

[See Our Business and Law Page]

The post Stay on the Good Side of the FCC appeared first on Radio World.

For nearly 13 years, he advocated for broadcast television and radio as a member of the NAB‘s Media Relations and Communications corps. On December 15 came word that he would be relinquishing his VP of Communications post for “a telecom industry job.”

Little did anyone know that Zamir Ahmed would be joining a lobbying group squarely opposed to much of what the NAB has advocated for on behalf of its television industry members.

As of today, Ahmed is now associated with ACA Connects, formerly the American Cable Association. Ahmed will serve as Vice President of External Affairs and lead “external affairs strategies to advance ACA Connects’ policies and perspectives to diverse audiences, including legislators, federal officials, policymakers, industry partners and other stakeholders.”

Olivia Shields

The appointment of Ahmed comes as Olivia Shields, the Communications Director for the Energy and Commerce Committee, joins ACA Connects as Vice President of Public Affairs and Communications. Shields will develop and execute comprehensive communications strategies to advance ACA Connects’ mission and advocacy goals. In her most recent role, Shields led the communications and messaging strategies for Chair Cathy McMorris Rodgers (R-Wash.) and her policy priorities, including in telecommunications and technology.

This suggests Shields will take a most conservative approach to policy lobbying when it comes to such subjects as retransmission consent and broadcast ownership rules for television, and how it would impact ACA Connects’ small-market and independent MVPD constituency.

Meanwhile, ACA Connects is appointing Max Staloff as Vice President of Regulatory Affairs. He will work with Brian Hurley, the Chief Regulatory Counsel, to advocate for legal and regulatory policies that benefit the interests of ACA Connects Members.

Max Staloff

Staloff began his career as a FCC attorney, including in the Office of General Counsel. Most recently, he worked in private practice, advising wireless carriers, satellite operators, cable operators, major technology companies, and trade associations on issues and policies related to spectrum, license transfer allocations, merger review, infrastructure, and satellite and experimental licensing.

 

With the rise of over-the-top streaming services such as Netflix and Prime Video, in addition to Hulu, Disney+, Paramount+, ViX and Peacock, viewing has seen a tremendous shift from cable and broadcast television to these platforms.

As 2024 begins, discussions ranging from the high cumulative cost of subscriptions to OTT services, to the churn factor and “subscribe, binge and cancel” nature of the platform when a hot show arrives, have gained much attention. Now, MoffettNathanson, the respected Wall Street financial house focused on media and technology, is examining the concept of “re-bundling” – specifically, the possibility of breaking the biggest video-on-demand services out of their silos.

 

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