Radio Magazine reports that Nielsen Media Research released its statistics for the second quarter of 2017 this week, and more Americans still tune in to AM or FM radio stations than any other form of media. Overall, 93 percent of Americans listen to the radio, either over-the-air or through online webstreams each week. That's 228.5 million adults over the age of 18, compared with 216.5 million for television (either live or digitally recordings), 204 million for apps or the internet on a smartphone, 127.6 million for video on a smartphone, 67.6 million for streaming audio, 35.9 million using satellite radio, and 20.7 million listening to subscribable audio shows.

April Glaser reports at Slate that the Federal Communications Commission published its repeal of net neutrality rules Feb. 22, after voting to remove the internet protections Dec. 14. That means they go into effect 60 days later. So in April internet service providers will be able to block or throttle access to websites or charge websites a fee to reach users at faster speeds. It also means the lawsuits can begin. The National Hispanic Media Coalition, Public Knowledge, and Free Press, among others, have all been waiting for the new rules to be published before they can challenge them in court. More than 20 state attorneys general have also said that they plan to take the FCC to court over its undoing of the internet protections. While we all wait for the impending slowdown, the Government Accountability Office is investigating the FCC's commenting process. During the public comment period leading up to the vote to repeal the net neutrality rules, dead people, and stolen identities left thousands of comments for the FCC.

TechDirt reports that residents of West Virginia have complained for years about the lack of broadband access there. But the Federal Communications Commission's recent broadband availability report says there is plenty of broadband in West Virginia. Well, the chairman of the state’s broadband council disagrees. "Numbers in a federal report about West Virginians who have access to broadband internet services are “not even close to being correct,” Rob Hinton said Feb. 15. The FCC report claims seven West Virginia counties have 100 percent access to a fixed broadband connection. "To me, this goes beyond having inaccuracies,” he said. “It’s just disappointing. That’s all it is. At what point next year are they going to say West Virginia has 100 percent coverage?" "It’s shameful.... It’s just disappointing that moving forward, this is the kind of data that will dictate where we can invest infrastructure dollars."

The Washington Post reports that AT&T argued in court last week that President Donald Trump's hatred of CNN had him use the Justice Department to block their acquisition of Time Warner. AT&T lawyers demanded that the Justice Department turn over evidence to prove Trump did not wield political influence over the agency to quash the $85 billion merger. In a pre-trial court hearing before a federal judge, AT&T demanded "log[s] of any conversations that may have transpired between the White House and Attorney General Jeff Sessions pertaining to AT&T's... merger." The Department of Justice has sued AT&T to block the deal between a major distribution company and a massive content creator. "If there's something there, then it's incumbent on us" to uncover the details, said AT&T's lawyer, Daniel Petrocelli. "We would at least be entitled to have the court view the documents if they exist." Trump has repeatedly criticized CNN, calling it fake news, and giving it a fake news award. But, before he was president, he also was publicly against the AT&T/Time Warner merger. Department of Justice lawyers say that early opposition to the deal is just like what Sen. Elizabeth Warren, a Democrat from Massachusetts, said, and so AT&T has no justification to receive the materials it is asking of the court. UPDATE: U.S. District Judge Richard Leon ruled Feb. 20 against AT&T, denying their request for the Department of Justice to produce logs about conversations with the White House about AT&T's proposed merger with Time Warner. "Defendants have fallen far short of establishing that this enforcement action was selective—that is, that there 'exist persons similarly situated who have not been prosecuted,'" Leon wrote.

The Communications Law blog reports that the Federal Communications Comission is extending the public comment period for a rule that would change the national television ownership cap. Current FCC rules prohibit any entity from owning or controlling television stations that reach more than 39 percent of U.S. television market. The FCC is asking for comments about whether that rule should be retained, modified, or eliminated. The Republican majority on the FCC board have indicated they want to eliminate the rule, perhaps, to help Sinclair Broadcasting purchase Tribune Media, a merger that would allow Sinclair to reach 70 percent of U.S. homes. The New York Times reported last week that the office of Federal Communications Commission's inspector general is investigating FCC Chairman Ajit Pai's handling of deregulation over the past year that seems to favor Sinclair Broadcasting. Comments about the proposed rule are now due by March 19 and reply comments will be due by April 18, and anyone commenting at fcc.gov must cite MB Docket No. 17-318.

The New York Times reports that the office of Federal Communications Commission's inspector general is now investigating FCC Chairman Ajit Pai's handling of deregulation over the past year that seems to favor Sinclair Broadcasting. In April 2017, Pai led efforts for the FCC to change rules about the number of stations television broadcasters may own. A few weeks after that change was made, Sinclair Broadcasting announced a $3.9 billion deal to buy Tribune Media, which would not have been allowed under the old rules. Representative Frank Pallone of New Jersey told the paper the Pai is now under investigation by the nonpartisan FCC inspector general's office. “For months I have been trying to get to the bottom of the allegations about Chairman Pai’s relationship with Sinclair Broadcasting,” Pallone said in the statement to The New York Times. “I am grateful to the FCC’s inspector general that he has decided to take up this important investigation.” The FCC inspector general's office said it would, “not comment on the existence or the nonexistence of an investigation.” Pai’s office and Sinclair Broadcasting officials declined to comment. In the past, though, Sinclair’s chief executive, Chris Ripley, has said that Pai’s relaxation of media ownership rules is a “landmark” development for his company. The Sinclair and Tribune merger would create the nation’s biggest television broadcaster, reaching seven out of 10 American homes. Public interest advocates have said the proposed merger would reduce the number of voices in media and change the coverage of local news. Already, Sinclair Broadcasting, which owns the CBS and CW affiliates in Albany, New York, injects conservative views into its local news programs. The New York Times has previously reported that Pai met and spoke with Sinclair representatives several times before announcing the new media ownership rules. A March 2017 story in The New York Post said President Donald Trump met with Sinclair’s executive chairman, David Smith, and discussed FCC rules. "The FCC and Justice Department are widely expected to approve the merger in the coming weeks," The New York Times story says.

David Oxenford at the Broadcast Law blog reports that as of March 1, all full-power commercial and non-commercial radio stations will have to post online their public files. This means the public will now have access to every full-power radio stations pending applications, ownership reports, and a contour map showing the stations coverage. Stations with five or more full-time employees must upload all of its Annual EEO Public Inspection File Reports. And stations must upload all of their Quarterly Issues Programs, showing that stations met the needs and interests of its community of license, and new political file documents, showing interviews or interactions with political officials. While many radio stations find this extra work a pain, these documents do provide more transparency about station operations.

Jon Brodkin reports at Ars Technica that the infrastructure plan the Trump administration unveiled Feb. 12 does not include any money specifically for broadband internet. The 10-year plan for "rebuilding infrastructure in America" doesn't include much federal money for anything, leaving most spending up to the states. But the plan's $50 billion Rural Infrastructure Program does list broadband as one of five categories where governors can spend their money. Rural broadband facilities would also be eligible for Private Activity Bonds, so private projects could "benefit from the lower financing costs of tax-exempt municipal bonds." The plan would also let carriers install small cells and Wi-Fi attachments without the same environmental and historical preservation reviews required for large towers, according to Ars Technica. A report from the Federal Communications Commission says it would take $40 billion in broadband funding to raise broadband availability from 86 percent to 98 percent of the country.

Ernesto Aguilar, the membership program director of the National Federation of Community Broadcasters, writes in Radio World about how the Federal Communications Commission is considering increasing the power of Class A FM radio stations. Class A stations are currently limited to six kilowatts of effective radiated power and antenna towers of only 100 meters in height. The new proposal could double the wattage to 12 kilowatts. Aguilar worries that these new Class C4 stations could interfere with low-power FM stations, but those could also get a power boost. There is some discussion, Aguilar writes, that the ceiling for low-power FM stations could rise from 100 watts to 250 watts. Hopefully, the FCC will conduct a deliberative, thorough public hearing process before adopting any new power levels on the FM dial.

Jon Brodkin in Ars Technica reports that FCC Commissioners Michael O'Rielly and Jessica Rosenworcel rarely agree on anything. The Republican and Democrat on the commission are about as far apart on most issues as two people could be. But the two wrote an op-ed in The Hill Feb. 9 complaining about states stealing money meant to support emergency calling services, and using it for their general funds. On everyone's phone bills, there is a line item for 911 service, and those funds are meant to keep those emergency services running. But in 2016, New Mexico, Rhode Island, Illinois, New Jersey, and West Virginia "diverted" 911 funds totaling $128.9 million to their own uses. Seven other states wouldn't even tell the FCC what they are doing with the money. New York, for instance, did not submit a report about the matter to the FCC, "but sufficient public record information exists to support a finding that New York diverted funds for non-public safety uses," according to the FCC. Besides lying to consumers, diverting 911 fees "can be tragic," the two commissioners wrote. "It can lead to understaffed calling centers, longer wait times in an emergency, and sluggish dispatch for public safety personnel. It also will slow the ability of 911 call centers to update their systems to support digital age technologies." O'Rielly and Rosenworcel propose threatening states that divert 911 funds with loss of federal public safety programs funding. "We also may need to examine more aggressive actions at the FCC's disposal," they wrote.

Wave Farm Radio is a new, free app, which allows users to listen to live audio from any of the Wave Farm webstreams including WGXC 90.7-FM, Standing Wave Radio (formerly known as Wave Farm Radio), Quintron's "Weather Warlock," Zach Poff's "Pond Station," and other partner streams. Users may also create custom playlists from thousands of archived audio files. Wave Farm transmit partners and WGXC broadcast partners may now stream their own audio feeds. Wave Farm Radio is available in the App Store (https://itunes.apple.com/us/app/wave-farm-radio/id1284966744?ls=1&mt=8). An Android version of the app will be developed as soon as funding allows. In the past week, local citizens have used the app to webcast the Town of Catskill meeting Feb. 6, and Hudson Downtown Revitalization Initiative meeting Feb. 8, and the History of the Black Community in Hudson presentation Feb. 8 at the Hudson Library.

John Anderson reports for DIYMedia.net only about 15 percent of radio stations have gone HD, and many of them switched to HD, and then abandoned the format. Less than half of all new cars in America can receive HD radio, and there are virtually no HD radio receivers out of automobiles. In an ideal world, HD radio could be useful -- stations can broadcast two or three different signals on one channel, and the metadata of song titles and program information is also transmitted. But, long ago, the U.S. choose one bad way to do HD, while the rest of the world picked a better option. What's worse, because so few stations broadcast high definition radio signals, those that do transmit a hybrid digital signal, combining analog and HD signal. The results are not pretty. Many cars that could receive HD radio instead have problems with the hybrid signals, and "the dealer fix is to lock the car HD Radios into ‘analog only’ mode to resolve it, and that’s bad for broadcasters,” according to David Day, president of audio-conditioner Orban Labs. Instead, radio listeners are more likely to soon be able to get a new "European-developed system that allows compatible receivers to switch between a station’s over-the-air signal and its internet-stream depending on the quality of reception."

Ars Technica reports that John Perry Barlow, who co-founded the Electronic Frontier Foundation, died Jan. 7 at age 70. Barlow was also a rancher, and wrote some lyrics for the Grateful Dead, but is best known for his early visionary views about the internet. "He’s the one that came up with the metaphor of the electronic frontier," said Mitch Kapor, who created Lotus 1-2-3, an early spreadsheet application, and co-founded the Electronic Frontier Foundation, in 1990, with Barlow and John Gilmore. The Electronic Frontier Foundation is an international non-profit digital rights group based in San Francisco, California to promote Internet civil liberties. The group, "provides funds for legal defense in court, presents amicus curiae briefs, defends individuals and new technologies from what it considers abusive legal threats, works to expose government malfeasance, provides guidance to the government and courts, organizes political action and mass mailings, supports some new technologies which it believes preserve personal freedoms and online civil liberties, maintains a database and web sites of related news and information, monitors and challenges potential legislation that it believes would infringe on personal liberties and fair use, and solicits a list of what it considers abusive patents with intentions to defeat those that it considers without merit," according to Wikipedia. "It is no exaggeration to say that major parts of the Internet we all know and love today exist and thrive because of Barlow’s vision and leadership," Cindy Cohn, the group’s executive director, wrote in a blog post after his death. "He always saw the Internet as a fundamental place of freedom, where voices long silenced can find an audience and people can connect with others regardless of physical distance.... What he saw in the early Internet was the idea that we could transcend our bodies, regardless of who we were or where we were," she told Ars Technica.

Gizmodo reports that the Federal Communications Commission is refusing to release records related to a video produced last year with FCC Chairman Ajit Pai and a Verizon executive joking about installing a “Verizon puppet” as head of the FCC. It is “reasonably foreseeable,” the FCC's response to a Freedom of Information Act request said, that releasing the records would injure the “quality of agency decisions.” So public records are not available to the public because the FCC did something that, if made public, would hurt the “quality of agency decisions.” The video in question came from Pai speaking Dec. 7 at the Federal Communications Bar Association convention. Pai ended his "monologue" with a video skit about how he got to be FCC chief that works as wonderful radio theatre. It takes place at “Verizon’s DC Office” in 2003, where Pai then worked as an attorney. Kathy Grillo, Verizon senior vice president and deputy general counsel, tells him: “As you know, the FCC is captured by the industry, but we think it’s not captured enough, so we have a plan.” “What plan?” Pai asks. “We want to brainwash and groom a Verizon puppet to install as FCC chairman,” the executive says. “Think ‘Manchurian Candidate.’” “That sounds awesome,” Pai responds. Click here to hear a short excerpt of Ajit Pai Radio Theatre. Adam Marshall, an attorney at the Reporters Committee for Freedom of the Press, can't fathom how the FCC cannot release the public records. “To argue that this video amounts to the same kind of deliberative process that goes on behind the scenes in terms of an agency deciding an official policy on a topic, or what actions it’s going to take, is absurd,” Marshall said. “The deliberative process is frequently used to withhold embarrassing information or inconvenient information. I have no idea how a draft of a skit that was supposed to be funny would impair the FCC’s decision-making process on anything, except on, I guess, maybe future skits.”

Ars Technica reports about Federal Communications Commission chairman Ajit Pai crowing about how successful stopping net neutrality has been. Citing the new Broadband Deployment Report, the FCC chairman says that broadband deployment is going great in the United States, and it is mostly because of the Dec. 14 vote to repeal of net neutrality rules. Trouble is, the new report only covers broadband deployments through December 2016. So, the Obama administration's FCC is actually responsible for any growth in broadband cited in the report. While the commission voted to repeal net neutrality in Dec. 2017, a full year after the period covered by the report, the repeal does not actually go into effect until two months from now. So the rules -- which are not yet affecting anything -- to allow ISPs to block and throttle Internet traffic or prioritize traffic in exchange for payment are helping spread broadband throughout the country, according to Pai. In the future when ISPs won't need to be as transparent with customers about hidden fees, that will mean more customers in the past will have better access to broadband, according to Pai.

The Los Angeles Times reports the Federal Communications issued a record fine last week to a non-profit broadcaster for violating underwriting rules. The Cesar Chavez Foundation, an affiliate of the United Farm Workers union, received a $115,000 fine and a one-year moratorium on new underwriting from for-profit sponsors on its stations KUFW-FM (90.5) in Woodlake, California, and KNAI-FM (88.3) in Phoenix, Arizona. The stations ran underwriting announcements comparing an underwriter's business with competitors' and listing discounts, and urging listeners to contact a business. All that is against the rules for non-profit stations running underwriting spots, which are meant to just be an endorsement of the station by the business, not an advertisement for shopping there. KUFW got fines of $12,500 in 2010 over similar violations, so they should have known the rules by now.

Karl Bode reports at TechDirt that several states are considering legislation to keep net neutrlity in their borders, even though the FCC's order rolling back those rules prohibited states from exactly that. New York and Wyoming have done something different. Governors in those states signed executive orders barring those state governments from doing business with any Internet company not following the old net neutrality rules guaranteeing consumers equal access to the Internet for consumers without excess charges or special fees for faster service. But Rhode Island, Washington state, and California, are just trying to reinstate the old rules within their borders. California, for instance, just passed SB-460 21-12, prohibiting ISPs from paid prioritization and other anti-competitive acts. But states do not regulate the airwaves, Internet airwaves included. Ernesto Falcon at the Electronic Frontier Foundation says California legislators ignored his group's recommendations to avoid endangering the new law in court. So while California is currently suing the FCC over the net neutrality rollback, ISPs will likely soon be suing California if it passes this new law bringing net neutrality back to the state.

Ars Technica reports that the Federal Communications Commission issued a preliminary report Jan. 30 about the false missile alert sent to mobile phones and television and radio broadcast stations in Hawaii in early January. The employee who sent the alert claims he did not hear a recording saying a missile announcement was just a test. The employee, in a written statement because he refused to be interviewed, says he did not hear, "exercise, exercise, exercise,” but heard "this is not a test." Proving what he heard may or may not be difficult, but the fact that one person could send a missile alert to everyone in Hawaii, and no one retracted that warning for 38 minutes, is not in question. The report says a shift change a few minutes before the incident helped to make it possible. "As a result, the day shift supervisor was not in the proper location to supervise the day shift warning officers when the ballistic missile defense drill was initiated," the FCC wrote. The report blames, "a combination of human error and inadequate safeguards contributed to the transmission of this false alert" and that "HI-EMA has taken steps designed to ensure that an incident such as this never happens again." Now, in Hawaii, there is a two-person process to send out missile alerts and a new process to cancel an alert in case of an error. Read the full story at Ars Technica.

For a few hours last weekend, the administration of Donald Trump was touted not for efforts to "Make America Great Again," but for an idea to bring America into the future. Axios reported that the Trump administration was proposing a federal takeover of a portion of the nation’s mobile network, bringing 5G technology to the entire country. 5G is the fifth-generation mobile network that transmits data 10 times faster than the current 4G LTE standard. That means just about anyone with a cell phone gets virtually unlimited data. It means that there is enough bandwidth for self-driving cars, home appliances, the electrical grid, traffic lights, health equipment, air quality monitors, and all sorts of other devices hooked to the internet. FCC chief Ajit Pai quickly put out a statement saying he was very much against the idea of nationalizing 5G. “I oppose any proposal for the federal government to build and operate a nationwide 5G network,” he said in a statement. “The main lesson to draw from the wireless sector’s development over the past three decades — including American leadership in 4G — is that the market, not government, is best positioned to drive innovation and investment.” Of course it was not long before Recode reported that, no, a national effort to give America a state-of-the-art wireless system was not happening. The regime has no plans to build its own ultra-fast 5G wireless network. White House officials said the original story was based on a dated document, floated by a single staff member, and not reflective of their thinking on the issue. What Pai wants -- to give more public spectrum to commercial carriers such as AT&T and Verizon to create private 5G networks -- is what will most likely happen.