Late last month Congress enacted legislation requiring the Commission to apply 3rd
adjacent channel protection to Low Power FM stations. The FCC had applied the 3rd
adjacent protection criteria to those stations some time ago that were operating reading
services for the blind on their subcarriers. Now all stations are to receive 3rd
adjacent channel protection from LPFM stations.
On December 21, 2000, the Commission issued a Public Notice indicating the acceptance
of over 200 LPFM applications during the first two windows. Over 1,200 applications are
presently pending before the Commission. These 200+ applicants are not mutually exclusive
with any other filings and they meet the 3rd adjacent channel criteria.
Following the 30 day Petition to Deny period, construction permits will be issued. The
status of the remaining applications is not known. Those not complying with the 3rd
adjacent rules may face dismissal or return.
Just after our newsletter was put in the mail last month, the FCC announced the third
Low Power FM filing window. The window will open on January 16th and run
through January 22nd. The states included in this window are American Samoa,
Colorado, Delaware, Hawaii, Idaho, Missouri, New York, Ohio, South Carolina, South Dakota,
and Wisconsin. This filing window also includes the weekend. Applications must be filed
electronically and comply with the 3rd adjacent rules.
As we have previously reported, the Commission's Second Report and Order, which created
Class C0 FM stations and changed 2nd adjacent channel protection criteria for
FM translators and non-commercial FM stations, will become effective January 19th.
The order was finally published in the Federal Register on December 20th.
Petitions for Rule Making requesting allocations for Class C0 or a downgrade of an
existing Class C to Class C0 can be filed on or after that date. One-step applications
requiring the downgrading of an existing under-built Class C to Class C0 can also be filed
at that time.
Those who submitted applications nearly a year ago for new or major changes to existing
AM facilities have until February 28th to submit engineering solutions to
remove the mutual exclusivity. For those applicants for which engineering solutions are
not possible, pertinent demographic data must be submitted regarding their respective
proposals. Originally, these details were to have been submitted by the end of December,
however, an extension was approved by the FCC just prior to the deadline.
The auctioning of 359 FM channels was scheduled for February 21st.
However, no Public Notices have been issued outlining the procedures to be used in the
auctions. There have been some rumors that the date may be pushed back to May 9th. With
the amount of interest there has been in these channels, this will provide additional
research time into what might be done with the channels by a prospective winner.
We have received calls recently from stations that apparently missed a few of
their towers in the Commission's tower registration process. Some had been contacted by
the Commission's field offices, who are cross checking databases. Avoid the calls by
verifying that all of your towers have been properly registered. Be aware that there are
towers less than 200 feet that may require registration under certain circumstances.
The Commission has extended the comment period in the Radio Market proceeding.
Comments are now due by February 26, 2001, allowing an additional month to submit
comments.
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