APRIL NEWSLETTER
Vol. VIII, No. 4 -- April 2001

LPFM Window Announced and Rule Changes

The Commission recently issued a Public Notice announcing the opening of a LPFM filing for the remaining states, Groups 4 and 5. Applications for LPFM stations can be filed June 11-15, 2001, in Alabama, Arizona, Arkansas, Florida, Guam, Iowa, Kentucky, Massachusetts, Montana, Nebraska, New Jersey, New Mexico, North Carolina, North Dakota, Oregon, Pennsylvania, Tennessee, Texas, U.S. Virgin Islands, Vermont, Washington and West Virginia.

The FCC also enacted the rule that prohibits former "Pirate" operators from being eligible for a LPFM station. In so doing, the Commission dismissed 21 applications that indicated the respective applicants had engaged in unlicensed operations. The FCC issued a Second Report and Order in its low power FM proceeding activating the third adjacent protection criteria required by Congress. The applications that are now not technically grantable as a result of the rules change may be amended. This amendment is limited to a site restriction of no more than 2 kilometers to alleviate the problem. If unable to cure the shortage with a minor amendment, a major amendment may be filed following the announcement of a remedial filing window, expected after the last LP100 window. Only those applicants listed in the April 2, 2001, Public Notice will be eligible for filing applications in the remedial window.

Non-Commercial Process Moves Forward

Non-commercial applications, some pending since 1993, may soon receive action. The Commission issued the criteria for deciding between non-commercial applications and issued a list of mutually exclusive filings involving non-commercial radio and TV applications. The FCC has also released an abridged Form 340 that each mutually exclusive applicant must submit by June 4, 2001, demonstrating whether its proposal will provide first or second non-commercial service to an area presently not receiving non-commercial service. There is also an opportunity for the applicants within each mutually exclusive group to settle amongst themselves. Until June 4^th, the applicants may settle for whatever monetary amount they can negotiate since the Commission has lifted the settlement cap. For those choosing to proceed without a settlement, the non-commercial analysis for their proposed facilities must be completed and submitted to the Commission by June 4^th.

Westward Bound

A reminder that both Stu and Jeff will be making their annual trek to Las Vegas the week of April 23^rd for the NAB Convention. For those attending the NAB spring event, you can reach Stu and Jeff at the Mirage. We look forward to seeing everyone there.

AM Field Measurement Changes

Last month the Commission issued a Report and Order on changes in the way AM directional station proofs of performance are made. A full proof on a complicated directional station would have required measurements on as many as 12 or more radials with 30 or more measurement points on each. The FCC has eased the burden on AM stations by reducing the number of radials to a minimum of 6 and the measurement points to 15. The number of measurements required for partial proofs will also be reduced from ten to eight points. Directions to AM monitor points may be submitted as a set of geographic coordinates, rather than directions to the point with a listing of the roads, mileage and twists and turns. This will allow travel to monitor points the best way possible and not delay with road name changes or new construction. Other changes include the amount of information needed for submitting the application for license and antenna monitor requirements. More controversial proposals, allowing computer modeling to replace actual field measurements, has been deferred pending the completion of additional studies.

More Tower Fines

There have been several Notices issued by the Commission over the last few months with respect to Tower Registration violations. These pertained to a station's failure to either register the tower or simply post the tower registration number and the fines were substantial. Tower owners are required to register all antenna towers greater than 200 feet above ground (towers less than 200 feet above ground may also require registration, based on their proximity to nearby airports), maintain the lighting and marking requirements, provide for tower light monitoring, post the tower registration number near the base of the tower and notify the FCC of any change in tower ownership.

EAS Changes Considered

The Commission has adopted but not yet released a Notice of Rule Making to consider some changes to the Emergency Alert System. Some of the changes relate to code changes requested by the National Weather Service for weather related emergencies. The Society of Broadcast Engineers has requested a greater length of time to re-transmit monthly tests and a reduction in the required modulation levels for the EAS system. The Commission has asked for comments on the potential cost for these changes and the time it would take to implement the changes.

TV Band Getting Smaller

The FCC has initiated a new rule making seeking comments on the re-allotment of UHF Channels 52-59. As was the case with Channels 60-69, the Commission is proposing to re-allot Channels 52-59 (698 MHz to 746 MHz) for fixed and mobile systems. The proposal seeks comments on whether the frequency band should be broken up into spectrum blocks or kept in tact. In either case, the new service utilizing this portion of the spectrum will have to obtain the frequencies through the auction process. Existing TV stations will be able to continue to share the band as secondary users until the conclusion of the DTV transition. The Commission hopes to clear out this portion of the TV band, allowing existing stations into the core (Channels 2-51). There are issues of potential interference between TV stations and new services that may have to share this portion of the TV spectrum for a period of time and the Commission is asking for input on the best way to address this and other issues. Comments in Docket #01-74 are due May 14, 2001.

Allotments Allocations