WASHINGTON, D.C.—NAB President and CEO Curtis LeGeyt will be highlighting a number of issues needing Congressional and FCC action when he testifies today, Sept. 13, at a House Communications and Technology Subcommittee hearing titled “Lights, Camera, Subscriptions: State of the Video Marketplace.” 

In his oral and written testimony, the NAB said that LeGeyt will urge congressional action that would enable broadcasters to fairly compete and expand viewer and listener access to their services by passing the AM Radio For Every Vehicle Act and legislation reinstating the Diversity Tax Certificate program. 

LeGeyt will also discuss why the FCC urgently needs to modernize broadcast ownership rules, create a more transparent, fair and predictable process for broadcaster transactions, refresh the record in its vMVPD proceeding and encourage the rollout of NextGen TV/ATSC 3.0.

The hearing follows a recent blog post by LeGeyt detailing important areas where FCC action is necessary to keep broadcasting strong and enable vital local news. The blog was published after the confirmation of Anna Gomez to the FCC, with LeGeyt writing that an "FCC fully seated with all five commissioners can be the catalyst to keep broadcasting strong for the millions who depend on our free, locally-focused service."

In written testimony to the Subcommittee released by the NAB prior to the hearing, LeGeyt noted that as “we celebrate broadcasting’s centennial anniversary,...[b]roadcasters’ critical role as first informers, emergency lifelines and entertainment media has never been more important as misinformation runs rampant online. Yet significant shifts in the media and advertising marketplace pose challenges to this uniquely free and local model, absent needed congressional and Federal Communications Commission (FCC) attention.”

“In today’s hyper-competitive media landscape, broadcasting remains the most popular source of news, entertainment programming, sports and investigative journalism in communities across America,” LeGeyt said. “More than 181 million adults watch broadcast TV on a monthly basis, and more than 227 million listeners tune into broadcast radio each week. For the 2022-23 TV season, 79 of the top 100 series in primetime were aired by broadcasters.”

Unfortunately, broadcasters are currently forced to compete for audiences and ad dollars in a media landscape where they are forced to “operate under a set of outdated rules and restrictions....while other media and big tech platforms operate without restraint,” he said. 

“These challenges are exacerbated by Big Tech’s market power and largely unregulated practices in both the marketplace for digital advertising and as gatekeepers to digital content, including the local broadcast news that is accessed online (or in the automobile).” he said. “These collective pressures divert local advertising revenue away from broadcasters, making our uniquely free and local service that much more difficult to support. It also devalues our product when it is accessed online.”

To address those challenges LeGeyt urged congress to pass the AM Radio For Every Vehicle Act (H.R. 3414) and to pass legislation to reinstate the Diversity Tax Certificate program, which would help diversify ownership of broadcast companies. 

LeGeyt also urged Congress to encourage the FCC to make several reforms that will enable broadcasters to compete on a level playing field. 

These include: 

• “Modernize its local and national broadcast ownership rules to account for the rise, and increasing dominance, of digital media,” he said. “Modernizing these decades-old rules would allow broadcasters to continue to serve local viewers in a way no other platform can. It would allow broadcasters to compete for audiences, advertising and investment against digital platforms operated by tech giants with market caps in the hundreds of billions of dollars. Such reform would safeguard the viability of local broadcast journalism, as broadcasters could leverage local economies of scale and spread the significant cost of news production across more outlets. A recent survey confirms that larger market broadcast stations, and those stations with the resources to hire more staff, produce more hours of local news than small market stations and those with smaller news staffs.24 Modernizing ownership regulations also makes broadcasting more desirable for potential investors and new entrants, ensuring continued investment and encouraging greater diversity in local broadcasting and content.
• “Create a more transparent, fair and predictable process for broadcaster transactions. Mergers and acquisitions enable stations to achieve the economies of scale and scope that are necessary for broadcasters to thrive and serve their local audiences. If the FCC’s procedure governing transactions is fair and provides more business certainty, companies may be encouraged to pursue mergers that could help them better compete and invest in the critical local journalism they provide. A more transparent, just and predictable process allows broadcasters a legitimate chance to compete in the marketplace and continue serving the public.”
• “Refresh the record in its vMVPD proceeding. In 2014, the FCC initiated a proceeding to consider modernizing the definition of multichannel video programming distributors (MVPDs) to include virtual streaming services that offer linear programming. Nearly a decade later, the media landscape has completely transformed, yet the FCC’s languishing record does not reflect that drastic change and its impact on consumer access to local broadcast stations. There is simply no reason the FCC should not at least refresh its record in this proceeding to better reflect current marketplace realities.”
• “Continue to support the rollout of NextGen TV. Television broadcasters are transitioning our over-the-air broadcasts to a Next Generation Television standard, also known as ATSC 3.0. NextGen TV will enable local television broadcast stations to deliver a higher quality picture, immersive audio, more diverse programming, interactive content, and advanced emergency services. We appreciate the Commission’s support of the Future of Television Initiative, a partnership helping to bring the reality of NextGen TV to viewers across the country and unlock cutting-edge services that benefit public safety, close the digital divide and revolutionize broadcast TV. Ongoing oversight is critical to ensure a successful nationwide rollout.”

WASHINGTON—A Congressional committee this week approved the expansion of the FCC’s general auction authority in order to allow the commission to auction off spectrum for a Next Generation 9-1-1 initiative. 

The 52-0 vote by the House Energy and Commerce Committee moves the “Spectrum Innovation Act of 2022 (H.R. 7624) to a Congressional vote and is expected to pass. The bipartisan legislation, sponsored by Rep. Mike Doyle (D-Pa.), would make available additional frequencies in the 3.1–3.45 gigahertz band for non-federal use, shared federal and non-federal use, or a combination thereof. 

The legislation also funds the Secure and Trusted Reimbursement Program and a newly authorized Next Generation 9-1-1 grant program from the proceeds of the auction required under the legislation. A bipartisan amendment incorporating H.R. 7783, the "Extending American’s Spectrum Action Leadership Act of 2022,” extends the FCC’s general auction authority for an additional 18 months, to March 31, 2024.

The committee vote comes nearly a month after the House Subcommittee on Communications and Technology  recommended funding the Next Generation 9-1-1 program to the tune of $10 billion. The funds (among other things) would go towards upgrading 9-1-1 call centers nationwide and authorize the FCC and the National Telecommunications and Information Administration to identify at least 200 MHz in the spectrum band to be auctioned off and alloted for Next Generation 9-1-1 within two years after the legislation’s expected passage.

Energy and Commerce Committee Chairman Frank Pallone, Jr. (D-NJ) commented on the bill, which was one of five pieces of legislation passed by the committee, which also included bills covering health care.  

“Today, the Energy and Commerce Committee passed five bipartisan bills that taken together will strengthen our nation’s communication networks and improve access to health care,” said “The four telecommunication bills leverage our networks to help keep people safe, bolster service affordability programs, and improve the federal use and auction of our nation’s airwaves. “The health bill will ensure access to medically necessary care for Medicare patients with Lymphedema.  I thank members for their hard work on these bills and look forward to continuing to work together to bring them to the House floor.”

WASHINGTON—Broadcast and cable networks are being put under the microscope by the House Energy & Commerce subcommittee on Communications and Technology for their potential role in promoting extremism and disinformation to viewers with a hearing set to take place on Feb. 24.

“Fanning the Flames: Disinformation and Extremism in the Media” will be a remote hearing conducted by Energy and Commerce Committee Chair Frank Pallone Jr. (D-N.J.) and Communications and Technology Subcommittee Chair Mike Doyle (D-Pa.).

“The prolonged severity of the COVID-19 pandemic and the attack on our Capitol on Jan. 6 have driven home a frightening reality: the spread of disinformation and extremism by traditional news media presents a tangible and destabilizing threat,” said Pallone and Doyle in announcing the hearing. “Some broadcasters’ and cable networks’ increasing reliance on conspiracy theories and misleading or patently false information raises questions about their devotion to journalistic integrity. We look forward to hearing from media experts about what is being done and what more can be done to address this growing problem moving forward.”

No specific broadcaster or network was referenced, and no information on who will be giving testimony was shared at the time of the announcement. However, media critics have recently called out Fox News Media for its coverage of recent events.

The “Fanning the Flames” hearing will take place on Feb. 24 at 12:30 p.m. ET. Members of the public will be able to watch a live webcast on the House Energy and Commerce Committee’s website. 

WASHINGTON—A hearing on C-band spectrum, titled “Repurposing the C-Band to Benefit All Americans,” has been scheduled by the House’s Energy & Committee and its Communications & Technology Subcommittee for Tuesday, Oct. 29, at 10 a.m.

The use of the C-band spectrum in the 3.7-4.2 GHz band is currently used by broadcasters and satellite operators, but is being considered for possible use by 5G.

“The FCC must repurpose the C-band in a manner that promotes competition, spurs the 5G revolution and yields revenue for important priorities here at home,” said Rep. Frank Pallone Jr. (D-N.J), Energy & Commerce Committee chairman, and Rep. Mike Doyle (D-Pa.), chairman of the Communications & Technology Subcommittee, in a joint statement. “There may be a need for legislation to reduce uncertainty and benefit Americans.

“What we don’t want is the Federal Communications Commission to become mired in litigation that slows 5G deployment. We must ensure the American people benefit from this process, and we look forward to discussing these important issues at the hearing next week.”

Information regarding the hearing, including a livestream, will be available on the Energy & Commerce Committee website.

WASHINGTON—A hearing on C-band spectrum, titled “Repurposing the C-Band to Benefit All Americans,” has been scheduled by the House’s Energy & Committee and its Communications & Technology Subcommittee for Tuesday, Oct. 29, at 10 a.m.

The use of the C-band spectrum in the 3.7-4.2 GHz band is currently used by broadcasters and satellite operators, but is being considered for possible use by 5G.

“The FCC must repurpose the C-band in a manner that promotes competition, spurs the 5G revolution and yields revenue for important priorities here at home,” said Rep. Frank Pallone Jr. (D-N.J), Energy & Commerce Committee chairman, and Rep. Mike Doyle (D-Pa.), chairman of the Communications & Technology Subcommittee, in a joint statement. “There may be a need for legislation to reduce uncertainty and benefit Americans.

“What we don’t want is the Federal Communications Commission to become mired in litigation that slows 5G deployment. We must ensure the American people benefit from this process, and we look forward to discussing these important issues at the hearing next week.”

Information regarding the hearing, including a livestream, will be available on the Energy & Commerce Committee website.

WASHINGTON—The House Energy & Commerce Committee's Communications Subcommittee will get a chance to grill the FCC commissioners this month.

The Committee has scheduled a Feb. 16 budget hearing in the subcommittee where it says all five of the commissioners will testify.

While the hearing will be on the FCC budget in the Administration's federal budget request, there a number of hot-button issues that could come up, including net neutrality, media ownership, the post-auction TV station repack, broadband infrastructure, broadband subsidies, and more.

“I am pleased that so many members of the Trump Administration have worked closely with the Energy and Commerce Committee to schedule these important hearings," said House Energy & Commerce Committee chairman Greg Walden (R-Ore.). "It is essential that Congress exercise our oversight responsibilities and we are eager to hear from the Administration on the President’s budget request and other key issues facing our nation."

The FCC last May asked for about $322 million for 2018, 5.2 percent less than the previous year, even though the FCC's budget has been flat since 2009. The FCC pays for its operations out of fees paid by licensees.

FCC chairman Ajit Pai has said the commission can do more with less—102 fewer full-time employees, for example— while working toward its core mission to protect the public interest and close the digital divide.

This story first appeared in TVT's sister publication B&C.