A New Plan is Formulated
1 December 2021: I had a 30 minute conversation with Arizona State Legislature Representative Neal Carter. We discussed the STELA issue and the ongoing failure of Congress to fix the flaws in the legislation that puts southern Pinal County lives at risk and harms businesses in both Pinal and Pima counties. He offered his support and made some excellent suggestions on new approaches that could be taken. As a follow-up to our conversation, I provided him a copy of the STELA Reform interviews that Pinal County Supervisor Kevin Cavanaugh did with Oracle Fire District Chief Jennings and myself in February 2021.
3 December 2021: I met with a community leader in Oracle to discuss the suggestions made by Mr. Carter. We agreed that immediately after the holidays are over, we would set up a community meeting to promote STELA reform. Mr. Carter wants to attend the meeting in January, so we will try to coordinate the meeting around his schedule.
13 December 2021: I sent the following communication to Congressman Tom O'Halleran, with a copy to the President of the Arizona Broadcasters Association.
After Congressman O'Halleran declared last year that STELA reform is DOA, you may have thought I've gone away, but I have continued to work on this issue. I and many others in southern Pinal County still see the need for urgent Congressional action to reform the "Satellite Television Extension and Localism Act" (STELA) legislation. Congressman O'Halleran may believe that letting Congress continue to put lives at risk and harm local businesses is acceptable, but his constituents know it is not. We also know that the Internet is not the best solution for immediately bringing Tucson TV stations to affected citizens in his District.
We are working to expand awareness of this critical issue. We hope that Congressman O'Halleran will work with us to have Congress immediately address the unfair and dangerous flaws in the STELA legislation.
Mike Weasner
STELA Advocate
Oracle, Arizona
In response to my 13 December 2021 communication to Congressman Tom O'Halleran, I received this somewhat encouraging response.
Good morning Mr. Weasner,
Thank you for contacting the office of Congressman O'Halleran. I want to let you know of report language passed by the House of Representatives in 2021 and 2020 after the Congressman's advocacy for fixing this issue. Report language is not a statutory change, but rather a direction of congressional intent that federal agencies are expected to follow. This report language reminds the FCC that "that many broadcast stations do not neatly conform to Nielsen-measured designated market area boundaries" and that the FCC must "adhere to statutory requirements and Congressional intent when taking administrative action related to satellite television carriage issues."
The Congressman hopes that this language can be included in the Senate-passed appropriations bill and the final Joint Explanatory Statement that will accompany the final appropriations bill next year. Achieving that would require advocates in the Senate to push for the language. This would send an even stronger signal to the FCC that they need to revisit their regulations and work with localities to better match broadcast stations with where people actually live.
The Congressman will keep pushing for changes to address this problem.
The full report from the House Appropriations Committee is here:
https://www.govinfo.gov/content/pkg/CRPT-117hrpt79/html/CRPT-117hrpt79.htm
Here is the passage directing the FCC:
Transmissions of Local Television Programming.--The Committee encourages consumer access to local television programming, especially in rural areas, for its economic, safety, and cultural importance. The Committee notes that many broadcast stations do not neatly conform to Nielsen-measured designated market area boundaries, preventing many satellite television viewers from accessing local news, politics, sports, and emergency programming. The Committee also notes that despite the reforms made to the Satellite Television Extension and Localism Reauthorization (STELAR) Act of 2014, many communities continue to struggle with market modification petitions to the FCC. The Committee is particularly concerned with the lack of clarity regarding the technical and economic feasibility requirement. In reviewing this requirement, the FCC should provide a full analysis to ensure decisions on market modification are comprehensively reviewed and STELAR's intent to promote localism is retained. The Committee therefore directs the FCC to adhere to statutory requirements and Congressional intent when taking administrative action related to satellite television carriage issues.
Office of Congressman Tom O’Halleran (AZ-01)
I then sent the following to Arizona Senators Sinema and Kelly.
SUBJ: STELA Reform and Appropriations Bill 2022
RE: House Report 117-79, dated July 1, 2021, FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS BILL, 2022
I direct your attention to this paragraph in House Report 117-79:
"Transmissions of Local Television Programming.--The Committee encourages consumer access to local television programming, especially in rural areas, for its economic, safety, and cultural importance. The Committee notes that many broadcast stations do not neatly conform to Nielsen-measured designated market area boundaries, preventing many satellite television viewers from accessing local news, politics, sports, and emergency programming. The Committee also notes that despite the reforms made to the Satellite Television Extension and Localism Reauthorization (STELAR) Act of 2014, many communities continue to struggle with market modification petitions to the FCC. The Committee is particularly concerned with the lack of clarity regarding the technical and economic feasibility requirement. In reviewing this requirement, the FCC should provide a full analysis to ensure decisions on market modification are comprehensively reviewed and STELAR's intent to promote localism is retained. The Committee therefore directs the FCC to adhere to statutory requirements and Congressional intent when taking administrative action related to satellite television carriage issues."
As you are aware from my past correspondence with you, the Satellite Television Extension and Localism Act (STELA) and the FCC Designated Market Area (DMA) regulation is dangerous and unfair to many citizens in Arizona. It prohibits residents in southern Pinal County from receiving local news, weather, sports, and emergency information from the nearby Tucson TV stations (30 miles away), and insteads forces them to receive central and northern Arizona information from the Phoenix TV stations (120 miles away).
The affected citizens of southern Pinal County ask that you support urgent and meaningful change in STELA and the FCC DMA regulation to stop putting local lives at risk and harming local businesses here and in other similarly affected locations around the United States.
Mike Weasner
STELA Reform Advocate (since 2013)
Oracle, Arizona
Arizona State Legislator Neal Carter and Pinal County Supervisor Kevin Cavanaugh also sent similar letters to Arizona Senators Sinema and Kelly requesting that they support legislation to correct the flaws in STELA and the FCC DMA.
So, after over eight years of working this critical issue for southern Pinal County residents and businesses, I finally see some progress being made. It remains to be seen if Congress will do the right thing or if they will continue to say that it is too difficult for them to fix the mess they created.
Community Meeting on Satellite TV Reform
Main Flawed Satellite TV Regulations page