Vol. VIII, No. 2
February 2001
The Commission issued a Public Notice announcing May 9th as the date on
which 355 commercial channels will be auctioned to the highest bidder. The number of
channels to be auctioned was reduced from 359. Those wishing to participate in the auction
must file FCC Form 175 between March 7-19, 2001. Part of the FCC Form 175 application is
used to designate an actual site if they are the successful bidder. The FCC will then
process the applications and issue another Public Notice, indicating acceptable
applicants, those needing amendments and those that have been rejected. In order to
accommodate the Form 175 filings, the FCC has imposed a short freeze on the submission of
all minor change FM applications during the auction (March 7th - 19th).
This will prevent existing stations from submitting applications for sites that might
conflict with a vacant allotment preferred site.
The FCC issued another DTV Report and Order and a new Further Notice of Proposed Rule
Making as TV stations around the country continue their transition to DTV service. All
commercial stations must select the channel they will use for their on-going operations by
December 31, 2003. Non-commercial stations have until December 31, 2004, to make their
channel selection. Selection dates for stations with one or both channels outside the
existing core will be made later. All DTV stations will be required to place a higher
level of signal over their communities of license by December 31, 2004 (December 31, 2005,
for non-commercial stations). The new DTV city grade signal level for Channels 2-6 is 35
dBu (50/90); Channels 7-13 is 43 dBu (50/90) and for Channels 14-69 the level is 48 dBu
(50/90). This level of signal is 7 dB higher than the present levels outlined in the
rules. The Commission has also stated that DTV stations do not have to replicate their
NTSC coverage with their digital facilities, but the stations will lose interference
rights for the portion of their NTSC coverage that is not replicated.
In October of last year, the Commission delayed the implementation of mandatory
electronic filing of FCC Form 301 applications for construction permits for AM, FM and TV
stations. Beginning February 15, 2001, these applications must be submitted
electronically. The FCC will not accept paper versions of this form after that date,
without a request for waiver. In addition, FCC Form 314 and 315 (applications to transfer
broadcast stations) must also be submitted electronically as of this date. Electronic
filing requires coordination between the station's legal and engineering counsels to
ensure accurate submissions to the Commission. E-filing may make the Commission's job
easier, but adds many additional steps for those submitting the application to the
Commission.
The first licenses for stations operating expanded band channels are being
issued by the Commission. This process had been long delayed by a number of parties who
continued to object to the original expanded band ruling, thus delaying the finality of
the matter. Licenses are being mailed out for those expanded band stations that built
facilities pursuant to their construction permits. The new licenses reiterate the
licensees must surrender either the existing AM frequency or the expanded band channel
within five years of the grant date of the expanded band license. As the process
continues, there may be an opportunity for additional expanded band stations.
Of the 255 LPFM applications that appeared on the Commission's Public Notice,
25 had Petitions to Deny filed against them. There is still no word on the time frame for
the remaining 230 applicants that appear to be ripe for grant.