Leveling the playing field with Big Tech is a big policy prerogative for broadcasters according to the National Association of Broadcasters’ most recent policy agenda.

NAB said the dominance of edge provider platforms threatens a free press and broadcasters’ local journalism efforts.

NAB‘s principal beef with Big Tech is that they are the gatekeepers to platforms that broadcasters' content must be available on if they are to remain relevant, but that those same platforms have drained ad dollars from broadcasters while simultaneously undervaluing broadcast content with “take it or leave it” compensation offers.

“Local journalism is now at risk due to this unchecked competitive power held by a handful of dominant digital players,” NAB said. “[B]roadcasters continue to be subject to outdated rules restricting their scale and scope, making it even more difficult to compete with digital behemoths, which are allowed unregulated and unfettered growth.”

NAB said the help it needs from Washington is broadcast ownership deregulation and a break on the regulatory fees the FCC assesses on them but not on its Big Tech competition. ■

The National Association of Broadcasters is looking to get the FCC to classify over-the-top video services as multichannel video programming distributors (MVPDs) subject to carriage and program-negotiation obligations.

Under then-chairman Tom Wheeler, the Federal Communications Commission opened a proceeding in 2014 on whether video services should have to be facilities-based -- wires, satellites -- to be subject to the agency’s rules applying to MVPDs, or whether over-the-top services delivered by broadband providers but without their own physical facilities should qualify as well. That proceeding remains open, but dormant.

Wheeler was looking to promote over-the-top (OTT) video as a competitor to traditional cable and to anticipate traditional cable's move to internet protocol-based delivery of its multichannel services.

NCTA-The Internet & Television Association has long argued that a transmission path is necessary to be an MVPD.

In an interview with Politico Pro, NAB president and CEO Curtis LeGeyt said the NAB’s board has decided to ask the FCC to collect new feedback on the Wheeler proposal given “changes in the marketplace.” LeGeyt told Politico Pro that the association wanted to "re-engage with the FCC” on the issue.

Broadcasters, facing major competition for eyeballs from over-the-top video, have also been pushing the FCC to make streamers and other edge providers pay FCC user fees. The commission supports its ongoing operations on those fees, currently levied on broadcasters, cable operators and satellite operators, but not edge providers.

Broadcasters have argued that the FCC should not continue to burden broadcasters with helping subsidize their online competitors for eyeballs and ads by charging broadcasters a fee and not big tech. The FCC recently declined to add Big Tech to its fee schedule.

The FCC’s effort to bring over-the-top video under its program carriage and access rules dates back almost a decade.

In 2014, Wheeler proposed to reverse a tentative, bureau-level conclusion in the Sky Angel program-access complaint that having a facilities-based transmission path was necessary to be an MVPD. The FCC tentatively concluded that an MVPD has to have control of both the content and the transmission path — copper, fiber and satellite signals delivering a channel — and that an OTT distributor lacks that path since it does not control a facilities-based channel to deliver it.

The FCC signaled in the 2011 Comcast-NBCUniversal merger approval that it expected over-the-top video to become a competitor to traditional MVPDs going forward and, therefore, included conditions requiring the company to make its programming available to OTT providers on nondiscriminatory terms and conditions.

The American Television Alliance, whose members include cable and satellite operators, was not pleased with the signals out of NAB.

“The broadcast industry wants to take the current framework, which is already responsible for thousands of consumer blackouts and massive annual price increases, and expand it to streaming,” ATVA spokesperson Jessica Kendust said. “The FCC should focus on modernizing and fixing the broken system, not imposing new costs on streaming customers.”

An NAB spokesperson was not available for comment at press time. ■

Pilot, the new tech arm of the National Association of Broadcasters is teaming up with Google News to help TV and radio stations navigate the online advertising world, given the phase-out of third party cookies.

Broadcasters elsewhere have taken issue with Google over use of "white spaces" between TV channels and what broadcasters say have been edge giants' failure to sufficiently compensate them for aggregating and selling against their valuable content, but they are clearly looking for some expertise in online advertising wherever they can get it and Google has a ton.

NAB said 10 member companies are participating in the first phase of the six-month program, which launched with a meeting last month.

Broadcasters are looking for some online ad education, as well as how to implement first-party data and direct-to-consumer business models.

Broadcasters can use that expertise now, with their station websites, and in the future when the ATSC 3.0 transmission standard allows for interactivity and targeted advertising.

Broadcasters said they want to protect both user privacy and the ongoing and growing business of digital publishing.

"Implementing new strategies to enhance first party data and audience engagement, especially those to better serve local audiences, are vital across all broadcaster platforms," said Beth Grossman, head of revenue strategy, local broadcast news at Google.

One of the fruits of the program will be a report commissioned from Borrell Associates, that will put together strategies in use by broadcasters or available to them, said NAB. ■

Given a "once in a century" pandemic, no additional spectrum and "unparalleled" regulatory requirements, broadcasters say their transition to ATSC 3.0 next generation transmission technology has made "remarkable progress."

The National Association of Broadcasters made that case to the Federal Communications Commission in comments on the state of that transition, saying the lack of additional spectrum meant that they were trying to make the move "with one hand tied behind their backs."

NAB told the FCC there were some things it could do to help speed the transition, including proceeding with a 2023 sunset of the requirements that TV stations transmitting in ATSC 3.0 also continue broadcasting a channel with substantially similar content in ATSC 1.0.

Also: Noncoms to FCC: ATSC 3.0 Transition Is Challenging

That requirement is so that viewers who don't have a new TV or tuner -- the ATSC 3.0 standard is not backward compatible -- can still receive the station's primary programming. "The Commission should allow this requirement to expire and give broadcasters permission to develop new programming options," NAB said.

The FCC, in seeking comment, had suggested that without the requirement, broadcasters could provide their more desirable content only on the ATSC 3.0 signal, creating two tiers of free over-the-air service.

NAB said it was "unrealistic to expect broadcasters to fatally undermine their business in a ham-fisted scheme to compel consumers to buy new equipment." Given that most viewers are still reliant on ATSC 1.0, NAB said, its members can't afford to shift their most popular programming to ATSC 3.0.

Also: NCTA: FCC Must Maintain TV Simulcast Mandate

NAB said that what will actually happen if the FCC allows the 2023 sunset of the "substantially similar" requirement is that broadcasters will try new and different programming or features in ATSC 3.0 to try and get viewers to upgrade to ATSC 3.0 equipment. "Broadcasters are unlikely to invest the time and resources developing or acquiring different programming for ATSC 3.0 until they know they can do so
without potentially running afoul of FCC rules," NAB said.

Among the other things the FCC could do, broadcasters said, is come up with rules for the treatment of multicast streams and resolve the rules governing broadcasters' use of distributed transmission systems. ■

The Senate Judiciary Committee has scheduled a markup of the Journalism Competition and Preservation Act for Thursday (August 4), but the National Association of Broadcasters expects that to be held over until after the August recess.

At press time, it was still on the committee agenda.

The bill would give "news content creators" -- print, broadcast, or digital -- an antitrust safe harbor to negotiate collectively with digital platforms like Facebook and Google for carriage of their original content.

NAB was still giving the Senate props for signaling it would move on the legislation.

“The Journalism Competition and Preservation Act levels the playing field between local media outlets and the big tech gate keepers that today leverage their market power to devalue our trusted news and community-focused content," said NAB President Curtis LeGeyt. "NAB applauds the Senate Judiciary Committee for scheduling a markup of this important, bipartisan legislation and we thank Senators Klobuchar and Kennedy, Chairman Durbin and the bill’s sponsors for their leadership. Broadcasters will continue to work with policymakers to advance this critical legislation.”

Specifically, the bill grants publishers immunity from federal and state antitrust laws for a 48-month period while they bargain collectively with digital platforms.

News content creators are defined as ones with 1) a dedicated professional editorial staff that creates and distributes original news and related content concerning local, national, or international matters of public interest on at least a weekly basis; 2) are marketed via subscriptions, advertising, or sponsorship.

Also: News Outlets Promote Value of Local Content

They include operations that provide original news and related content at least 25% of which is current news and related content, or broadcast original news and related content per an FCC license.

The online content distributors publishers get to collectively negotiate with must have one billion active users per month on all their websites worldwide, so it is clearly aimed at the biggest platforms.

Publishers under the News Media Alliance banner have for years been trying to get Congress to give news publishers a limited safe antitrust harbor so they can get tech platforms, Facebook and Google most notably, to pay for use of their content given that they "take most of the advertising revenue sold against that content," adding that "advertising revenue that previously went to the news publishers and allowed them to reinvest in quality journalism is now going to the platforms."

Also: News Media Alliance Slams Google Copyright Campaign

The bill said the joint negotiation is only allowed so long as negotiations are 1) not limited to price (no price fixing); 2) are nondiscriminatory as to similarly situated news content creators; 3) are directly related to the "quality, accuracy, 13 attribution or branding, and interoperability of news;" and 4) involve terms available to all news content creators.

The coordination among bidders has to be "directly related to and reasonably necessary for negotiations with an online content distributor" and [cannot] involve any person that is not a news content creator or online content distributor. ■

Broadcasters told a federal appeals court that the FCC's decision to make broadcasters affirmatively investigate whether programming -- including ads and infomercials -- was being paid for by foreign entities was an arbitrary and capricious, unconstitutional response to a "phantom" problem.

That came in a reply brief in broadcasters' challenge to the FCC's unanimous vote last April to boost disclosures for programming on airtime leased by a foreign entity, a decision that came amid heightened focus in D.C. on disinformation campaigns and despite pushback from broadcasters, who argue the FCC is adding regulations to an already overregulated service, including charging broadcasters with the responsibility to investigate for that foreign ownership.

The FCC two weeks ago filed their brief in defense of the decision.

In defense of the suit, the National Association of Broadcasters told the court in its brief this week that broadcasters' duty to find out who pays for programming is confined to doing due diligence to find out from those it deals with directly the source. That is because a court has already ruled that statutory language imposes no burden of "independent investigation" by licensees.

And even if that were not the case, NAB said, the rule change violates the First Amendment because it compels speech, which is a content-based regulation that has to be "narrowly tailored" to further a "sufficiently important" governmental interest.

NAB said far from being sufficiently important, the requirement is "pointless" because it addresses a phantom harm, not real ones, since it is a harm "never known to occur," said NAB.

On the other side, the affirmative obligation on broadcasters means that since, it says, there is a minuscule" chance of any lessor being on the government's foreign entities list, lessors will say, truthfully, that they are not, triggering the broadcasters' obligation to investigate that claim and confirm it. ■

The Curtis LeGeyt era at the National Association of Broadcasters has begun, and it will include two new top aide positions.

Technically, it began Saturday, January 1, but the official announcement came Monday.

LeGeyt has been chief operating officer since 2020 and before that head of government relations.

LeGeyt follows the dozen-year run of former Oregon Senator Gordon Smith, who will remain an advisor to the association.

Also: LeGeyt Preps NAB's Post-Pandemic Agenda

Michelle Lehman, executive VP of public affairs for NAB, will assume the newly created post of chief of staff under LeGeyt. Lesley Peña, who has been executive assistant to LeGeyt in his role as chief operating officer, will be deputy chief of staff, also a new position at NAB. Karen Wright, who has been LeGeyt's executive assistant, will continue in that role.

"The broadcasting community is extremely grateful to Gordon for his many years of service as an influential advocate for our industry,” said NAB Joint Board of Directors chairman David Santrella, CEO of Salem Media Group. “We are excited to now have Curtis at the helm to guide the organization into its next chapter. He is a proven leader and skilled fighter on behalf of broadcasters, and we are thrilled to have him serve as our voice in Washington and around the world.”

LeGeyt has been with NAB since 2011. Before that he had been senior counsel to then Senate Judiciary Committee chairman Patrick Leahy (D-Vt.).

The leadership team under LeGeyt is as follows, according to NAB:

Chris Brown, executive VP and managing director, Global Connections and Events

April Carty-Sipp, executive VP, Industry Affairs

Shawn Donilon, executive VP, Government Relations

Michelle Duke, chief diversity officer and president, NAB Leadership Foundation

Téa Gennaro, chief financial officer and executive VP, Finance and Administration

Rick Kaplan, chief legal officer and executive VP, Legal and Regulatory Affairs

Sue Keenom, senior VP, State, International and Board Relations

Michelle Lehman, executive VP, Public Affairs

Sam Matheny, chief technology officer and executive VP, Technology. ■

Broadcasters have asked a federal court to stay the FCC's implementation of the decision to boost disclosure requirements for foreign government-sponsored programming until that court can hear their appeal of the decision.

The FCC voted unanimously in April to boost disclosures for programming on airtime leased by a foreign entity. The move came amid heightened focus in D.C. on disinformation campaigns and despite pushback from broadcasters, who argue the FCC is adding regulations to an already overregulated service, including charging broadcasters with the responsibility to investigate for foreign ownership.

The National Association of Broadcasters, Multicultural Media, Telecom and Internet
Council, Inc., and the National Association of Black Owned Broadcasters petitioned the FCC to stay the decision, but it declined to do so earlier this month.

On Wednesday (Dec. 22), they asked the U.S. Court of Appeals for the D.C. Circuit, which is hearing the challenge, to stay implementation pending judicial review, saying they are likely to win their appeal--one of the four prongs for a judicial stay--because the new rules unduly burdened speech and because broadcasters will suffer "irreparable harm"--another prong--without the stay. It says that harm is the unrecoverable costs to "hire and train employees to conduct the required investigations, engage counsel to review their leases, and negotiate with lessees to bring existing leases into compliance."

They also say the rules both compel and chill speech, which is another irreparable harm.

They also argue that the balance of hardships and the public interest favor a stay--prong number three.

"[T]he likely harm from requiring broadcasters to undertake fruitless investigations for thousands of lease agreements—the vast majority of which have no possible connection to foreign governmental entities—outweighs the benefit of the rule," the broadcasters told the court.

The fourth prong is whether a stay is likely to hurt the other side. That would be a "no" in their book. They say the FCC rule is "perversely designed" and targets a "phantom evil," which is that a foreign government would not identify themselves to broadcasters under their criminally enforceable statutory obligation to do so.

NAB and company two weeks ago filed their opening brief in the underlying appeal.

Broadcasters argued in their brief that the FCC doesn't have the authority to impose the obligations on broadcasters to investigate "every existing or new leased programming agreement" to ensure it does not run afoul of FCC rules. They also complained that the FCC order didn't say anything about undisclosed foreign government programming on cable or over-the-top, where they argue the problem--foreign governments manipulating media--really lies. ■

Anna Chauvet has joined the National Association of Broadcasters in the newly created post of VP of public policy.

She reports to Shawn Donilon, executive VP of government relations.

Chauvet was most recently associate general counsel for the Copyright Office, where among other things she implemented the Music Modernization Act.

She has also represented entertainment and tech companies on copyright issues as an attorney in private practice at WilmerHale.

National Association of Broadcasters executive VP Chris Brown said Wednesday (Aug. 18) that given the spread of the COVID-19 delta variant, all attendees at the upcoming in person NAB Show in Las Vegas in October will have to be vaccinated.

That comes as the COVID-19 delta variant has driven a new spike in cases and hospitalizations.

In a letter to attendees and others involved with the NAB Show, Brown, who heads up events, said: "[W]e will require all attendees and participants to provide proof of COVID-19 vaccination. We think this is a positive step in reducing the spread of COVID-19 and will provide further details on implementation as well as other safety measures under consideration."

He said that came after gathering feedback from exhibitors and attendees, and Nevada Governor Steve Sisolak's announcement this week that large indoor gatherings in the city could opt out of state mask requirements if they could verify the people there had been vaccinated.

Also Read: Next Gen TV Backers Seek Answers at Conferences

NAB certainly qualifies as a large gathering given the tens of thousands that have gathered for the annual convention.

Brown said NAB has been refining safety protocols for the in-person show over the past few weeks but did not indicate whether the requirement of vaccine proof means it will not be requiring masks for indoor events or whether the requirement is for full vaccination.

An NAB spokesperson said: "We’re working out those details and will have more information to share soon." But she did point to the current advice on its web site that “at this time it is recommended that all NAB Show participants wear a mask onsite.”

Also Read: Conventions Lean Toward In-Person Events

"NAB Show is a momentous opportunity for the industry to reengage. We are ready to provide an unparalleled forum for inspiration and innovation while safeguarding those in attendance with sound health and safety protocols," Brown said in the letter.

The NAB Show is scheduled for Oct. 9-13.

Broadcasters are working hard to try to get the FCC to reverse course on its plans to increase their user fees, in part to pay for the better broadband maps Congress has demanded of the commission.

The FCC pays for its operations through user fees--as well as auction proceeds when it comes to covering the expenses of conducting those.

National Association of Broadcasters president Gordon Smith last week was on a phone conference with acting FCC chair Jessica Rosenworcel to talk about the special appropriation of $33 million for the FCC to implement the Broadband Data Act, legislation that Smith and other NAB executives on the call said provided "no benefit whatsoever to broadcasters."

They said that despite that, broadcasters would wind up fronting about 16% of what were costs unrelated to their operations. The FCC fees are based on how many full-time employees are used to regulate a particular service.

Also Read: Broadcasters Tell FCC Not to Charge Them for Broadband Maps

NAB has told the FCC that not only is making them pay some of the broadband mapping freight unfair, but that it violates statute, a point they reiterated last week, saying that passing along costs attributable to broadband does not square with the requirement that the FCC take into account factors related to which entities benefit from broadband mapping. "Had it done so," they said, "the Commission would have no doubt concluded that broadcasters – and more specifically the Media Bureau – are not involved in implementing the act."

They invoked the pandemic, including the rise of the Delta variant, as reason that the increase would be hard to absorb, increases they can't pass along to their audience--as say, could ISPs via their monthly bills.

The National Association of Broadcasters says it is concerned about a spate of incidents involving broadcast journalists just trying to do their jobs.

Local TV news is one of broadcasters' go-to public service offerings, not to mention one of its financial mainstays.

In a statement, NAB cited 1) a man in San Antonio who shot at two journalists from KSAT-TV before being killed in a shootout by police; 2) a man who stole a vehicle from a WRAL-TV Raleigh, N.C. news crew before crashing it into a police car; and 3) two men who tried to steal equipment from a KTNV-TV San Jose news crew during an interview.

Also Read: CPJ Spotlights Journalist Threats in Capitol Siege

An April study from the Radio Television Digital News Association found that one in five broadcast TV news directors report attacks on their employees while on the job.

“NAB is gravely concerned by recent incidents of violence directed against broadcast journalists who are covering local news," the association said in a statement. "A cornerstone of American democracy is the right of the free press to document the stories and events shaping our communities and our nation. Journalists should be afforded the respect to safely provide this valuable service to the community without fear of violence, intimidation or harassment.”

NAB pointed out that it has a digital toolkit with resources to help broadcasters protect themselves in the field, which was created following numerous incidents surrounding coverage of the racial injustice protests.

The National Association of Broadcasters said a recent appeals court decision has established the precedent for commission authority to levy regulatory fees on Big Tech.

NAB has been pushing the FCC to start charging Big Tech and other unlicensed spectrum users such a fee, as it does broadcasters and other FCC licensees and said it is now clear the FCC has the authority to make it happen.

In initial comments to the FCC, NAB said that the base of payors should be expanded to include unlicensed spectrum users that also take up a "substantial" amount of FCC resources but don't have to pay for the privilege.

Also Read: NAB Says No Free Regulatory Ride for Microsoft, Google, Others

The FCC charges fees based on how many full-time employees are engaged in work related to a particular service--broadcasting, cable and satellite, for example.

In reply comments on the FCC's Notice of Proposed Rulemaking on Fiscal Year 2021 regulatory fees, NAB pointed to a June 4 decision by the U.S. Court of Appeals for the D.C. Circuit dismissing a challenge by Telesat Canada to the FCC's decision to charge it a fee even though it is not an FCC licensee. The court found, said NAB, that it was reasonable for the commission to charge Telesat Canada a regulatory fee because it benefitted from FCC activities.

"Congress made clear that the Commission’s regulatory fee schedule should take account of 'the benefits provided to the payor of the fee by the Commission’s activities,'" the court concluded in denying a challenge to the FCC's decision. "This suggests benefits—not licenses—should be the touchstone for whether it is reasonable for the FCC to collect regulatory fees."

NAB said that directly supports its argument to expand the base of fee payors to include Big Tech, which is one of the big drivers of policy work by the FCC's Office of Engineering and Technology, said NAB.

Given that court decision, NAB said the FCC needs to at least put out a Further Notice of Proposed Rulemaking.

NAB has been arguing that the FCC has boosted their fees to "unsustainable levels," in part thanks to its decision to require broadcasters to pay for some of the added funding Congress has said the FCC needs to use to create better broadband maps. Yet Big Tech companies that will benefit from those maps pay nothing.

FCC Commissioner Brendan Carr last month called for the FCC to start making Big Tech contribute some money to the universal broadband effort the government is subsidizing with billions of dollars in tax money. 

"NAB agrees with Commissioner Carr’s recent call for the Commission to finally stop allowing Big Tech companies, many of which generated over $1 trillion in revenue in 2020 alone, to free ride on the Commission’s activities," the association said.

The National Association of Broadcasters is urging its members to help promote the National Month of Action on COVID-19 vaccines beginning June 4.

NAB is a founding member of the COVID-19 Community Corps public education campaign.

The White House and HHS organized the Month of Action to try and meet the President's pledge of 70% of adults 18-plus (approximately 160 million) vaccinated by July 4. Vaccination rates have slowed in recent days.

Among the campaign's goals are is "easier and more equitable access to vaccinations" as well as encouraging incentive programs by businesses and employers.

Also Read: Dems Press Big Tech on COVID-19 Disinformation

While NAB says stations have already been on the front lines of vaccine education, it wants them to mobilize on June 4 to spotlight the importance of vaccines in returning to normal. Stations can direct viewers or listners to vaccine.gov.

Byron Allen, founder, chairman and CEO of Allen Media Group/Entertainment Studios, was elected to the National Association of Broadcasters' television board Wednesday.

Allen will start his two-year term in June 2021.

The NAB also said that the following TV board members had been re-elected: David Bradley, chairman and CEO, News-Press & Gazette Co.; Chris Cornelius, VP, business development, Morgan Murphy Broadcasting; David Hanna, president, Lockwood Broadcasting; Robert Hubbard, president/CEO, Hubbard Television Group and VP, Hubbard Broadcasting, Inc. (HBI); and Chris Ripley, president and CEO, Sinclair Broadcast Group.

Also Read: Byron Allen: We Must Have Economic Inclusion for Black-Owned Media

The NAB's TV board includes 12 elected members, and six are up for election any given year. The TV board chair is Emily Barr of Graham Media. The NAB Board of Directors also includes a radio board, and both the TV and radio boards held elections. 

The National Association of Broadcasters Wednesday gave a shout out to talk radio host Rush Limbaugh, who has died of lung cancer.

“Rush Limbaugh was a trailblazer on broadcast radio who brought a vast listenership to radio in general and to the AM band in particular," said NAB president Gordon Smith. "NAB extends condolences to his family, friends and the millions of listeners who will miss his unique presence on radio.”

That unique view included constant attacks on liberals, who were incensed by his rhetoric and worldview.

Limbaugh was arguably the central figure in the rise of conservative talk radio following the elimination of the FCC's fairness doctrine requirement that broadcasters seek out opposing viewpoints on issues of public importance.

That rise culminated in his receiving the Presidential Medal of Freedom from President Donald Trump after Limbaugh's diagnosis with stage 4 cancer.

Limbaugh attempted the transition to TV, but his medium was ultimately the personal reach of radio.

The National Association of Broadcasters has circulated its agenda among policymakers as the new Administration settles in with a flurry of activity and stemming what it calls the undermining of local news by Big Tech is high on the agenda.

NAB argues that as the ad market has become dominated by online platforms--like Google and Facebook--that diversion of ad revenue from local broadcast has turned Big Tech into a gatekeeper, and one that does not serve the public, as broadcasters are licensed to do.

Also Read: Pew Survey Says Regulate Social Media

"Local journalism is now at risk due to this unchecked competitive position held by a handful of dominant digital players," it told policymakers. 

Given that threat, it said, lawmakers must consider the antitrust concerns raised by those digital platforms and "support laws and policies that recognize and uphold broadcasters' unique and essential role in democracy and a free press," citing NAB President Gordon Smith's testimony before House Judiciary during its investigation into online platform market power.

On the broadcast ownership front--NAB just this week argued in the Supreme Court for the restoration of the FCC's deregulation of local ownership rules--the association said the policymakers need to support the FCC's "modernization of radio and TV ownership rules," though the Democratic FCC under President Joe Biden is unlikely to continue that deregulatory trajectory.

Another big priority is to head off efforts by pay TV providers for changes to the retransmission consent regime, which cable operators say favor broadcasters. Not surprisingly, NAB sees it differently.

"[S]ome pay-TV companies are aggressively lobbying the government to upend this free-market process to pad their profit margins," it said. "Eliminating stations’ ability to negotiate for the value of their signals would mean less choice for viewers and fewer resources for stations to dedicate to local news, public affairs programming, coverage of emergency weather events and community activities."

Other priorities include that no broadcaster is harmed in the repack of earth stations after the C-Band auction, that the government "reject unlicensed spectrum giveaways" to tech companies--Microsoft in particular has sought more TV white spaces for broadband--and that Congress reinstate the diversity tax certificate, which NAB said will help increase station ownership diversity.

The National Association of Broadcasters joined in a letter from a coalition of news organizations to federal law enforcement agencies Thursday (Jan. 14) saying they wanted more information about the Jan. 6 attack on the Capitol as well as the potential for further violence around the inauguration of Joe Biden and Kamala Harris.

The groups said federal law enforcement was slow to hold in-person briefings about the attack or the possibility of others, which kept people in the dark and was both inexplicable and inexcusable, they said.

NAB President Gordon Smith earlier in the week called for briefings on potential threats to journalists from inauguration-related violence.

Also Read: NAB's Gordon Smith Urges Journalist Briefings on Potential Inauguration-Related Violence

"Going forward, we urge federal law enforcement agencies and officials to commit to holding regularly scheduled in-person press briefings about the investigations into the January 6 riot and continuing threats to our national and state governments," they wrote. "The media outlets and journalists we represent feel privileged to uphold the First Amendment by informing the public with vital information every day. But to perform their jobs most effectively, law enforcement officials must be more transparent. Given the clear challenges facing our democracy today, greater transparency and openness is a necessary prerequisite for restoring public faith in our political institutions and their operations, including security and law enforcement operations."

The letters went to Acting Attorney General Jeffrey Rosen; FBI Director Christopher Wray; Department of Homeland Security Acting Secretary Pete Gaynor; U.S. Capitol Police Acting Chief Yogananda Pittman; U.S. House of Representatives Acting Sergeant at Arms Timothy P. Blodgett; U.S. Senate Acting Sergeant at Arms Jennifer Hemingway.

Also Read: Protestors Force Suspension of Congress' Certification of Biden Victory

There are a lot "actings" on that list because following the attack, for which law enforcement appeared ill prepared, a number of security officials resigned.

Signing on to the letter, in addition to NAB, were the Asian American Journalists Association, National Association of Black-Owned Broadcasters, National Association of Hispanic Journalists, National Newspaper Association, Native American Journalists Association, News Media Alliance, News Media for Open Government, News Leaders Association, Online News Association, Radio Television Digital News Association, Reporters Committee for Freedom of the Press and Society of Professional Journalists.

The National Association of Broadcasters has joined the COVID Collaborative, which comprises groups and experts working on a unified approach to the COVID-19 pandemic.

NAB president Gordon Smith will serve as a member of the collaborative's advisory council.

"Radio and TV broadcasters have devoted tremendous resources to keeping their audiences safe and informed throughout the pandemic,” said Smith in a statement. “Now, as vaccines roll out and the nation’s recovery begins, local broadcasters will play an important role in educating and engaging viewers and listeners. NAB looks forward to working with the Collaborative in leveraging broadcasters’ connections to local communities across America to inform the public and defeat the virus."

Also Read: Local Media Considered Best Source for Vaccine Reporting

NAB describes the group as "a non-partisan group of the nation’s leading experts in public health, education and the economy working together with associations representing state and local leaders and vulnerable communities to take unified action to defeat the pandemic and sustainably and safely reopen the country."

Other members of the eclectic collaborative include The Ad Council, the CPB, Johns Hopkins, the NAACP, the National Urban League, and Walmart.

The bipartisan collaborative is co-chaired by former Governors Dirk Kempthorne (R-Idaho) and Deval Patrick (D-Mass.).

Also Read: NAB Seeks Early COVID-19 Vaccine for Journalists

The Trump Administration has taken a decentralized, state-by-state approach to the virus, one that has been criticized for failure to establish a coordinated approach to pandemic response and transmission prevention.

The National Association of Broadcasters said there is still essentially no practical way to provide audio descriptions of "dynamic" visual emergency information, like weather radar maps, for the blind and visually impaired.

Currently broadcasters do not have to do that under a five-year waiver of the requirement that "emergency information provided visually during non-newscast video programming be made audibly accessible to individuals who are blind or visually impaired."

Related: FCC Expands Audio Descriptions

Actually, the requirement was supposed to kick in in 2015, but broadcasters are on their second waiver.

In a congressionally mandated report to the FCC this month and midway through that waiver--which expires in 2023--the National Association of Broadcasters said that the American Council of the Blind (ACB) and the American Foundation for the Blind (AFB), which support the waiver, agree with their take on the current status of technology.

NAB said it has continued to engage with software developers, TV station groups and the disability community, but that a technical solution for audio descriptions of dynamic images is still not available.

Without the waiver, NAB said, "stations may be compelled to forego adding a graphic image to a crawl, if there is a risk that the image contains some critical details that must be converted to speech and are not also contained in the crawl."

NAB said it does not think the audible crawl rule would be used very much since broadcasters usually provide the graphic to illustrate information already in the crawl.

It is hopeful that the transition to the ATSC 3.0 broadcast transmission standard may provide an avenue to deploying applications that can automatically describe graphic video content, that may not be in the near term. And while it is hopeful that NAB continues to anticipate that ATSC 3.0 may facilitate the deployment of applications capable of automatically describing graphic video content, although not necessarily in the near term.

And while it is hopeful that at some point neither the waiver, nor the rule, will be necessary, that day has not yet come.

As they transition to ATSC 3.0, the Next Gen TV transmission standard, broadcasters want the FCC to clarify/modify the TV station license framework for simulcasting to extend to multicast streams.

The FCC is allowing stations to partner on distribution arrangements so that broadcasters can continue to deliver a primary stream in ATSC 1.0 given that ATSC 3.0 is not backward compatible with current sets.

Related: ATVA Says FCC Should Mandate HD Before Allowing Broadcast Internet

The National Association of Broadcasters, in a petition for declaratory rulemaking, wants the FCC to declare that various multi-station arrangements for hosting and originating multicast streams in ATSC 1.0 and 3.0 are OK.

It said that extending the TV station license to cover multicast streams would help establish that the originating content provider, whether primary stream or multicast stream, is responsible for compliance with FCC rules, or liable for potential violations.

Related: Everything You Need to Know About ATSC 3.0

"The Commission would simply be making clear that the originator of a particular multicast stream, not the host, would be the sole party responsible for ensuring compliance with statutory and regulatory requirements regarding hosted multicast streams," NAB told the commission. "This would include, but not be limited to, the Commission’s rules regarding political broadcasting, children’s programming, equal employment opportunities, the public inspection file, indecency, sponsorship identification, station identification, contests, the CALM Act, and the Emergency Alert System."

The idea is that if an originating station wants to start broadcasting in ATSC 3.0 and strike a deal with another station in the market to host a 1.0 simulcast of its multicast channels as well as primary channel, it is clear that it is the originating station that must assure the above compliance.

Related: FCC Seeks Comment on ATSC 3.0 Signal Extension

NAB said this would also make it easier for noncommercial stations to strike deals in which they could be paid for carrying the signals of commercial stations.  

NAB also wanted the FCC to rule that a station moving to ATSC 3.0 can strike a deal with a hosting station to air its multicast streams in 1.0 regardless of whether the originating station delivers those multicast channels in 3.0.

NAB said it is not asking the FCC to extend carriage rights to multicast streams, which are not subject to mandatory cable must-carry, but it does say the FCC should not subject the new arrangements to broadcast ownership rules.

"Grant of these requests will help preserve existing programming viewers enjoy today and will also help speed the rollout of Next Gen TV and its improved features and services to American viewers," NAB said.

As it prepares to lobby in a potentially re-regulatory Democratic administration, and still facing the ongoing impact of the pandemic, the National Association of Broadcasters is going to have to hit up its members, themselves hard hit by the economic impact of COVID-19, for more money.

NAB has been pushing Congress for COVID-19 aid for more broadcasters, among other battles.

According to the association, the NAB board has voted unanimously to approve a one-time extra charge equivalent to a year's dues and payable over the next three years.

Related: Heroes Act Passes House With Broadcast COVID-19 Aid

NAB said the charge is necessary to help compensate for the cancellation of the NAB Show, which represented 70% of NAB's operating budget, as well as "the expected decline in future convention revenues as the result of COVID-19."

In a letter to members letting them know about the extra charge, Hearst President and Joint Board Chair Jordan Wertlieb, joined by the TV and radio chairs, said the decision came only after much belt-tightening, including "cuts to executive compensation, significant budget reductions and instituting a hiring freeze."

But even with those, he said, member dues alone can't fund its efforts to defend the industry "As our nation prepares for possible changes in the government and we continue our ongoing battle against the pandemic."

The National Association of Broadcasters has launched a campaign to celebrate the 231st anniversary (Sept. 25) of the passage of the constitutional amendments that became the Bill of Rights, particularly the First Amendment that guaranteed free speech and a free press.

The campaign focuses on the key role broadcasters play in upholding those freedoms, coming at a time when broadcasters are taking an economic hit.

That campaign includes clip-and-use social media posts like "Thank you to those working to hold local officials and citizens accountable, to find the answers and to seek justice. This has never been more important. #Celebrate1A #FirstAmendment" and "Thank you to our trusted journalists who bring us the truth without fear or favor. #Celebrate1A #FirstAmendment."

That wording is often used by NAB President Gordon Smith in extolling the virtues of a free and independent broadcast press, which he did in unveiling the campaign.

“America’s founders, in their infinite wisdom, understood that our country could not long survive without a free press that could report the facts and deliver their opinions without fear or favor,” said Smith. “NAB celebrates this enduring principle that has kept our communities informed and engaged since our nation’s early days, and we honor the ongoing work of the press in preserving our democracy.”

The effort also includes a PSA as well as talking points for on-air editorials, including this one: "Especially during the pivotal events of the past six months, our most-trusted sources of news – our local radio and TV stations and broadcast network partners – have shown how essential a free press is to keeping people informed. Journalists have done remarkable work to keep their audiences informed during the COVID-19 pandemic, even as stations have had to drastically revamp their operations to create safe workplaces."

There is a definite competition problem with digital platforms vis a vis broadcasters that Congress needs to address and one that threatens a healthy local news ecosystem during the pandemic, and beyond.

That was the message from National Association of Broadcasters president Gordon Smith in response to a request for comment from the House Antitrust Subcommittee in its ongoing investigation into Big Tech market power and how that affects "a free and diverse press."

NAB said that power has real world impacts that are detrimental to that free and diverse press. Specifically, it is the move of ad dollars to digital platforms, which despite the Justice Department's "woefully outdated view of the marketplace," NAB said definitely compete directly with broadcasters for those ad dollars, revenues that are even more critical in a pandemic-wracked economy. But it is also receiving pennies on the dollar for their news content from online providers who have the bargaining power.

Smith suggested that competitive problem is an existential threat: "[T]he dominance of the leading digital platforms significantly and increasingly impairs broadcasters’ ability to earn the ad revenues needed to support production of local news and information."

He said it was no answer to say that if broadcasters don't like the policies of Google and YouTube or Facebook they can choose not to publish content on those platforms, and thus not be available on various apps and devices. "Beyond offering OTA [over-the-air] services, broadcasters must be available on all major platforms and types of devices to remain relevant to audiences and advertisers in the digital age," he told the subcommittee.

The bottom line, he suggested: "Local journalism is now at risk due to the overwhelming competitive position of a handful of technology companies in today’s digital marketplace... The value of broadcasting and local journalism in an increasingly digital world has never been more obvious; so too, the threat that the digital platforms’ power poses to news publishing and the continued viability of local media outlets has never been greater."

National Association of Broadcasters president and CEO Gordon Smith was hospitalized Tuesday night following a blood clot that Smith said was caught before it became a full-blown stroke.

"He is responding well to treatment, is stable and alert, and is resting comfortably," said NAB. "His prognosis is good, and he is expected to make a full recovery."

Following his hospitalization, Smith provided an update on his condition:

"To my friends,

I am so grateful for the outpouring of support from all of you. Your prayers and kind words have meant the world to me and my family. I am delighted to tell you that after a very extensive MRI last night it was discovered that I did have a blood clot, but thanks to the quick medical intervention I received, an actual stroke was averted. As a result, my prognosis is extremely positive and there is no permanent damage. I am so grateful to Sharon for immediately jumping into action and getting me the medical attention needed in order to have this outcome, for Sue Keenom and Karen Wright for all of their help getting information to my medical team, and to the doctors and nurses who took such great care of me.

I am indeed a man blessed for all the prayers that were said on my behalf and for the love that I have felt. Even though I am not often on social media I have been forwarded the many Tweets and postings that have sent well wishes my way and to say I am humbled is an understatement. I look forward to seeing you all soon – if only on Zoom.

Gratefully,

Gordon 

Smith, a former two-term U.S. Senator from Oregon, joined the NAB in November 2009. In 2017, he extended his contract with the NAB through March 31, 2023.

He was inducted into the B&C Hall of Fame in 2017.

A bipartisan congressional duo has called on Congress to take care of broadcasters in the next COVID-19 aid package by allowing individual stations that are part of larger groups to qualify as local businesses eligible for the money.

Reps. Brendan Boyle (D-Pa.) and Tom Emmer (R-Minn.), co-chairs of the Congressional Broadcasters Caucus, sent a letter to House leaders asking that broadcasters get expanded eligibility to the Payroll Protection Program (PPP) COVID-19 small business aid. 

They want some portion of the aid to be dedicated to broadcasters given that they are providing critical, potentially life-saving, info at a time of high stress and when they are suffering financial hardship. 

"The local radio and TV stations that give us the stories we need to know deserve our support and I am urging my colleagues show them that they are essential by ensuring they have what they need to weather this storm," they wrote.  

The bill would provide "temporary essential relief" to broadcasters. 

“Ensuring that small broadcasters, including those that may be owned by station groups, have access to the Paycheck Protection Program will help them continue to serve their communities and provide lifeline information," said National Association of Broadcasters President Gordon Smith. "NAB and America’s local radio and TV stations thank Reps. Emmer and Boyle for fighting to help broadcasters remain on the air and free to their local audiences."

Broadcasters are pushing back on cable arguments that leased-access rules represent an infringement on cable's First Amendment rights, and for good reason. If broadcasters want to preserve their cable carriage mandate, which they definitely do in a world where most broadcast viewing is over cable and satellite retransmissions — the cord-cutting trend notwithstanding — they want to nip the First Amendment challenge to that other carriage mandate in the bud.

For one thing, and a big thing, if that leased-access channel mandate were considered a First Amendment violation, it would raise issues about the constitutionality of the must-carry regime, which mandates that cable operators carry any TV station if the broadcaster requests it. 

In June 2019, the FCC voted unanimously (with a couple of partial dissents) to tweak and review its rules requiring cable operators to provide channel capacity to independent programmers. The commissioners voted to approve a Report and Order (R&O) and Second Further Notice of Proposed Rulemaking (FNPRM) that would vacate the FCC's 2008 leased-access rules, adopt new ones that "reflect changes in the video programming market" as well as — and this is the sticking point for broadcasters — seek comment on whether the rules should still be in place at all.

In GOP Crosshairs 

The majority of FCC commissioners — specifically Republicans Ajit Pai, the chairman, Brendan Carr and Michael O’Rielly — clearly signaled that they thought there were First Amendment implications given the FNPRM language they supported (see box).

The Democrats’ partial dissents were tied to that language and the suggestion that the leased-access rules could be an unconstitutional abridgment of speech, the issue the National Association of Broadcasters is concerned about.

Under the leased-access rules, cable operators with more than 100 channels have to set aside 15% of those channels for leased access, with smaller operators having to provide a smaller percentage. 

Cable operators have said the rules are unconstitutional and should be eliminated, though they acknowledge the FCC can't simply scrap them because Congress imposed the mandate. 

In meetings with FCC officials, National Association of Broadcasters executives expressed no opinion on the agency’s changes to the leased-access rules, but they had plenty to say about how the government should look at their constitutionality, and that of "similar content-neutral rules." 

First, the broadcasters said, the FCC didn't need to get into constitutional issues at all in revising the rules. But if it did, the rules should not be looked at through the lens of strict scrutiny, which is the toughest First Amendment speech protection, but the lesser intermediate scrutiny applied to "content neutral" regulations and similar carriage requirements — that unspoken "must carry” regime, as well as program access and other carriage regulations.

Broadcasters also took aim at cable's argument that changes in the marketplace, including the proliferation of platforms for access and carriage — notably the internet — have reduced the need for forced cable carriage of independent content. For example, NCTA: The Internet & Television Association argued that YouTube alone provides plenty of unleased access to independent videos and voices.

The NAB executives said that given the "exponential" increase in cable channel capacity, any First Amendment burdens that may have been placed on multichannel video programming distributors (MVPDs) by leased access or must-carry have "significantly declined."

The NAB told the FCC that it is not saying marketplace and technology changes are irrelevant in determining if a regulation impacts speech. Given that MSOs with millions of video subscribers are the same ones that millions have to go through to get online video content, the NAB said, it might be premature to declare the death of the MVPD bottleneck. 

Broadcasters might be fighting an uphill battle, given that the rulemaking notice signaled the FCC might indeed wade into that First Amendment thicket. Pai has said he questions the constitutionality of the rules, so there is support from the top.

2008 Precedent in Peril

The FCC upheld the constitutionality of the leased-access rules back in 2008, finding that, as the court held in upholding the 1992 Cable Act, the government had a substantial interest in regulating cable speech and the regulation did not burden “substantially more speech than necessary to achieve the aim,” that aim being “promoting diversity and competition in the video programming marketplace.”

The Pai FCC said last year that times and the marketplace had changed, and suggested the substantial interest of the government in mandating carriage may no longer be justifiable.

If the FCC does conclude the leased-access rules violate the First Amendment, NAB said it wants the commission to make clear that would not mean open season on other carriage-related regimes, like must-carry. 

That is just the open season that cable operators are gunning for.

The National Association of Broadcasters said it is moving NAB Show New York online. It had been scheduled for Oct. 21-22 at the Jacob Javits Convention Center.

That follows the decision to replace the canceled NAB Show in Las Vegas with the virtual NAB Show Express.

NAB executive VP Chris Brown broke the news in a letter Tuesday (June 9), saying the decision came after consultation with state and local officials in New York, as well as with the convention center.

No date for the online version, but it will still be sometime in the fall and be produced in association with Future Media Conferences. 

"We are developing a robust platform for exhibitors to share product information, provide demonstrations and make announcements," said Brown, "Additionally, the online event will provide premium educational content and unique opportunities for the community to network virtually. We will share additional details on the digital event in the coming weeks and months."

Dennis Wharton is exiting his post as chief spokesman and communications strategist for the National Association of Broadcasters at the end of June after 24 years, the longest such tenure in the group’s history. Wharton and NAB, under president and CEO Gordon Smith, have not been shy about fighting for the preservation of a must-carry/retransmission consent system that cable operators have been just as vigorous in attacking as anachronistic, but Wharton said those fights stay in the policy ring. In a previous life, Wharton covered Washington as the D.C. bureau chief for Variety. He spoke with Multichannel News senior content producer, Washington, John Eggerton.

You are leaving after 24 years; 25 would seem a more likely number. Why are you leaving now and what will you be doing? This has been planned for over a year. I signed a one-year contract last year — I’d always had three-year contracts before. But I only wanted
a one-year deal because I’m getting worn out by the day-to-day grind, and I need to spend more time with my parents in Ohio. They’re in not-so-great health and living independently.

When this damn virus is over, [wife] Lisa and I also plan to travel — we’ve had 14 foreign exchange students through the years — and we want to see some of the world.

Gordon asked me to stay on as a consultant to make sure there’s a smooth transition to Ann Marie Cumming as the new NAB spokesperson. So I’ll still be part of NAB, but not full-time.

What have you been doing to cope with the new shelter-in-place normal? You mean between NAB Zoom meetings? For fun, a lot of euchre with my kids, who are back home because of the virus. It’s a card game played mostly in the Midwest. Virtual trivia nights are fun, too.

ACA Connects president and CEO Matt Polka said of your departure: ‘NAB is saying farewell to a leader with too many friends to count. Washington is losing one of the good guys.’ Anything you want to say to the loyal opposition? That was really classy of Matt. I sent him an email and said: ‘Hey guy. You blew my cover. We’re not supposed to like each other!’

I’m glad Matt and I can fight like heck on retrans and still be friends. Something really bad has happened in D.C. since I got here in the early ’80s. Ronald Reagan and Tip O’Neill had knock-down drag-out fights back in the day. But they could share Irish whiskey after hours, and they actually got good stuff done.

What have been the most and least rewarding parts of your job? Most rewarding is probably just surviving this long. That’s been really gratifying. I tried to bring my A-game every day. I’m not going to lie, there have been some really tough days. But to survive for almost a quarter of a century — from [NAB presidents] Eddie Fritts to David Rehr to Gordon Smith — it’s been a wild ride.

This will sound sappy, but I also take pride in defending broadcasters as a force for good. …. If we were invented today, I bet policymakers would do handstands down Pennsylvania Avenue.

Least rewarding was missing some of the family stuff through the years. … Also least rewarding was some of the NAB Board politics over the years. Gordon Smith has done a great job managing that.

Anything you would like to say to the broadcasters whose standard you have carried for almost a quarter century? I just want to thank everyone who helped me along the way. Especially Eddie for persuading me to join NAB, when I really had no interest in leaving journalism. And Gordon for being the most decent boss you could imagine. And for all the people I worked with, especially in my communications department.

I’d also like to thank the reporters who covered NAB — people like you, John — who were really fair to me. Journalism is a really hard job, and it really bothers me to see attacks on the press from both the left and the right. It needs to stop. 

BONUS FIVE

What is on your DVR? Lots of Ohio State wins against the Wolverines in football. Those never get old. Also PBS Masterpiece’s World on Fire.

Bucket list destination? Lisa and I were planning a two-week trip to Norway with a former foreign exchange student’s family in July, right after my retirement. That’s on hold.

Books on your nightstand? Rick Atkinson’s The British Are Coming. Just re-read Hemingway’s For Whom the Bell Tolls.

Favorite musical group? The Beatles

Most memorable recent meal? Pamplemousse in Las Vegas. I hosted more than 20 reporter dinners there at NAB Show. I recommend the pistachio-crusted rack of lamb.

The National Association of Broadcasters has called for a "swift investigation" into a police officer who fired pepper balls at a local TV reporter covering a protest in Louisville, Kentucky, Friday night (May 29).  SAG-AFTRA also condemned the police action.

WAVE TV reported that Kaitlin Rust appeared to have been hit by the pepper balls--originally they were thought to be rubber bullets--as she was doing a live report.  

In addition, a WAVE news vehicle was vandalized during the unrest.

The officer appeared to be aiming directly at Rust, who said on-air she was was fine and that her crew had been behind the police line when the officer appeared to aim directly at them. 

“NAB condemns the actions of the Louisville police officer who fired pepper balls at a local TV crew legally covering downtown protests on Friday night," said NAB President Gordon Smith. "No police officer has the right to fire any type of ammunition at journalists who are simply doing their jobs and appropriately positioned to cover the news. NAB calls for a swift investigation of this incident to ensure that journalists have the necessary protections to report the news.” 

"SAG-AFTRA condemns the reprehensible actions of this police officer who, without provocation or justification, fired upon journalists who were doing their jobs," added the union, which represents broadcasters among others. "The assault also had a traumatizing effect on viewers at home who watched the officer aim and fire repeatedly during the live broadcast.

 "This was a brazen attack on two unarmed citizens. It is also an attack on our democracy and the people’s right to know how those on whom we confer power are using that power.

 "Whether perpetrated by the public or by the state, acts of violence on journalists bringing news to the communities they serve are a betrayal of our nation’s founding principle that a free press is necessary for the maintenance of a free government."

Broadcasters have advised the FCC not to finalize its cost catalog for reimbursable C-Band moving expenses until broadcasters have vetted satellite operator transition plans and to be prepared for COVID-19-related boosts in those expenses. 

The FCC is freeing up 280 MHz of C-Band spectrum for auction to wireless broadband operators for 5G and moving incumbent users, including broadcast and cable operators, in the process. It is paying those moving expenses out of proceeds from the auction of that 280 MHz. 

The FCC asked for comment on its initial catalog of covered moving costs and the National Association of Broadcasters had plenty to say, including asking the FCC to seek further comment once it revises the catalog to reflect input it is getting now. 

That input includes NAB's argument that the range of costs for integrated receiver/decoders (IRDS)--$5,000-$35,000--should actually be in the millions of dollars, though it said that might be a mistake. 

Then there is the cost range for uplink costs ($275,000-$1.21 million per transponder). NAB said it could be a little north of that upper limit.  

NAB offered up several more examples involving filters and antennas. 

It also said the FCC should allow for costs above those ranges on a case-by-case basis for "'worst case' scenarios for highly unusual situations where higher costs may be justified." 

NAB warned of supply chain disruptions and price increases, plus any changes in trade policy--the President has levied tariffs and threatened future ones. "We understand from members that COVID-19 is already affecting some supply chains, and it is not yet clear whether those challenges will grow," NAB told the FCC, another reason not to set the catalog in stone at the present time. 

NAB also said the FCC needs to clarify that satellite operators won't be the sole arbitrators of what tech upgrades will be needed to relocate existing services. 

FCC Chairman Ajit Pai has not made a decision yet on his planned appearance next month at the National Association of Broadcasters's NAB Show, according to a source.

Pai is still slated for a Q&A with NAB President Gordon Smith at the show, which was still on as of press time according to NAB's coronavirus update page.

The FCC announced this week that it had suspended staffer travel and appearances at large gatherings. Since NAB hosts close to 100,000 people and is in Las Vegas, that would appear to fit the bill if the suspension remains in place, given the very specific wording, with the FCC "suspending until further notice any FCC involvement in non-critical large gatherings that involve participants from across the country and/or around the world." That is, unless the chairman considers his appearance there "critical."

A source familiar with the chairman's plans said it is too soon to make a determination about the NAB appearance.

Closer to home and closer in time, ACA Connects has postponed its annual summit March 17-19 in Washington, citing its concerns, and those of attendees, about the virus. 

RELATED:FilmOn Adds Buzz60 Channels

The National Association of Broadcasters has told the U.S. Court of Appeals for the Ninth Circuit just what it thinks of a district court decision favoring FilmOn, and it doesn't think much of it.

California district judge George Wu ruled last summer that online video distributor FilmOn was entitled to a compulsory license. Fox, joined by other broadcasters, challenged that ruling in the Ninth Circuit Court of Appeals and NAB has weighed in with an amicus brief in support of that challenge.

A compulsory license would allow FilmOn to deliver TV station programming from the major networks at a below-market rate and without having to negotiate for it individually through retrans deals. That's because it is not defined as a cable operator by the FCC, and so is not subject to retransmission consent requirements.

"FilmOn currently faces no regulations requiring it to respect the local program exclusivity arrangements between stations and their program suppliers," said NAB. "While it claims to have adopted its own voluntary measures designed to protect local exclusivity, there is no assurance that FilmOn will maintain them absent FCC mandate. And the record shows that FilmOn’s self-imposed restrictions will be ineffective. Granting an entity like FilmOn a compulsory license to broadcast content could therefore have a devastating impact on local broadcasting. The district court should be reversed."

The courts are hardly in agreement on FilmOn and the license. In November, another U.S. District judge, Rosemary Collyer, ruled that FilmOn, which streamed on demand and day-and-date video online, was liable for infringing the plaintiff's (Fox and other broadcast networks) performance right under the Copyright Act and was not eligible for the compulsory license.