NOVEMBER NEWSLETTER

Vol. VII, No. 11

November 2000

Technical Streamlining

The Commission issued its Second Report and Order in the technical streamlining rules. The technical changes will impact all FM facilities, both commercial and non-commercial. This proceeding involved the creation of a new Class of FM station, Class C0, and proposed changes in the protection criteria for 2^nd adjacent channels for non-commercial stations, changes to the contour protection rules and changes to the process to correct licensed coordinates. In its last order, the FCC changed the definition of major and minor changes for AM, FM non-commercial and FM translator stations.

Class C0

After consideration of the comments filed, the Commission has implemented its new rules to take effect in late December. The new Class FM station, Class C0, was created between Class C1 and Class C. The maximum effective radiated power will be 100.0 kilowatts with an antenna height above average terrain between 300 meters (984 feet) and 451 meters (1480 feet). The FCC had suggested that existing Class C facilities with antennas less than 451 meters would be downgraded to the lower C0 class. However, the Order stated that, rather than an across the board downgrade for the 519 stations that fit into this category, the FCC will consider a downgrade to a station when the under-built Class C impedes a specific demand for the "under-utilized spectrum."

For example, an existing Class A station cannot upgrade to Class C3 due to a nearby Class C station. The station would meet the required spacing based on Class C0 spacing. The licensee of the Class A could file an application requesting a Class C3, based on protecting the Class C0 station. The FCC would then issue the licensee of the Class C facility an Order to Show Cause why it should not be downgraded. If the Class C licensee does not respond in 30 days, the Class C is downgraded to C0 and the Class A can upgrade to C3 facilities. If the Class C indicates it wishes to retain its status, it will be given 180 days to submit an application for at least a minimum Class C facility. It is presumed that if the Class C licensee does not submit the application within the time period it would be downgraded. If the licensee does not build the minimum Class C facility after receiving its CP, it will be downgraded. If the Class C licensee makes the necessary filings, then the Class A applicant seeking the upgrade will have its application dismissed. It may be possible to upgrade your station under these new rules.

Petitions for Rule Making requesting a new channel that conflicts with an under-built Class C, can also be submitted, if they meet the spacing rules to the existing station under the Class C0 spacings. However, there cannot be an alternate channel available at the proposed reference site for the petitioner. The Commission has noted that it will not downgrade a Class C in the presence of another available channel. The petitioner will trigger an Order to Show cause to the Class C station. If the licensee does not respond, the station will be downgraded and the petition will be issued as a Notice of Rule Making. If the licensee intends to retain Class C status, then the petition will be dismissed.

Non-Commercial 2^nd and 3^rd Adjacent Protection

Non-commercial FM and FM translator stations have in the past been required to protect 2^nd adjacent stations based on a 20 dB ratio, while protecting 3^rd adjacent stations based on a 40 dB ratio. Commercial stations, under both the spacing and contour protection rules, protect 2^nd adjacent stations the same as 3^rd adjacent. This disparity between the rules has been eliminated. All FM stations will provide protection to 2^ndadjacent stations the same as 3^rd adjacent stations (40 dB). As a result, this will enable some non-commercial stations and translators to make changes, relocate or delete directional antennas. The potential improvements will vary based on specific situations. The new protection rules for non-commercial stations may allow your station to be improved.

Commercial FM Contour Protection

The Report and Order also increased the maximum allowable shortspaces for use in the contour protection rules. Currently, there are some situations when a station cannot use contour protection since that section of the rules allows no shortspacing. The amended rule will allow at least 6.0 kilometers (3.7 miles) of shortspace relief. The station proposing the shortage must still provide contour protection to the station or stations they are shortspacing.

Miscellaneous

In addition to the above referenced changes, the FCC will now require non-commercial stations to provide a 60 dBu (1.0 mV/m) signal to at least 50% of its community of license, including applications presently on file. Those applicants on file that do not meet the rule will be allowed to submit a curative amendment to bring the facility into compliance. Finally, the Commission will allow some stations proposing to correct their geographic coordinates to do so using an application for station license. Adjustments in coordinates of up to three seconds in latitude and longitude can be submitted on a license form. If the correction causes or aggravates a shortspacing situation, then the licensee must submit an application for construction permit and address those issues. Upon a grant of the permit, the licensee may submit an application for a new license. A decision on negotiated interference and alternative propagation models was deferred.

New rules and regulations are always confusing. The engineering staff of Graham Brock, Inc., will be happy to discuss your situation for all phases of your technical work.