GRAHAM BROCK, INC.
Broadcast Technical Consultants
P.O. Box 24466 St. Simons Island, GA 31522-7466
912-638-8028 912-638-7722 Fax 202-393-5133
Just over a week before all mutually exclusive non-commercial FM
applicants were to submit their supplemental 340 applications or settlement agreements,
the FCC pushed the deadline back to July 19, 2001. The delay was for two purposes; the
first was to allow additional time to complete the 307(b) analysis for the proposals using
the new 2000 Census data and the second to allow a review of an errata that added and, in
some cases, removed applications in the mutually exclusive groups. Those applicants
patiently awaiting engineering showings were given an additional six weeks to submit their
respective studies. The extension has also provided parties with additional time to settle
cases, with settlements not limited to reimbursement for actual expenses only.
The fourth consolidated LPFM window in which the remaining states from LPFM groups four
and five could file applications closed on June 15th. Although there were
rumors of a possible extension, at press time, nothing had been released by the
Commission. It will most likely be several weeks before we know the final number of
applications submitted during this window. This will tell whether interest remains high in
these 100 watt stations. A remedial window is expected to be announced to allow applicants
who have already submitted applications in one of the three original windows to file
amendments to remove conflicts with 3rd adjacent stations, where possible. This
remedial window will not be opened for the filing of any new applications.
On May 25, 2001, the Commission issued a list of the mutually exclusive LPTV
applications submitted in August 2000. The Notice provides a settlement period through
July 24th and allows for the submission of engineering solutions to the
mutually exclusive groups. The FCC has stated that engineering solutions must resolve all
of the mutually exclusive issues. However, in cases where there are daisy chained mutually
exclusive applications, a solution that breaks off a portion of the daisy chain and
completely resolves the mutually exclusivity in the severed group would be considered. No
other partial settlements will be considered. If settlements or technical solutions cannot
be reached, the mutually exclusive applicants will proceed to auction, the date of which
will be determined later.
As noted above, the 2000 U.S. Census data is now available. We have been using the new
data for about two months and in most cases there has been a moderate increase in
population over the 1990 Census. Some stations have coverage maps that were prepared for
them in the mid-1980's, using data 20 years old. We can prepare updated maps, utilizing 3
second arc terrain data and the 2000 Census information. Ethnic information on a county by
county basis is also available. Just how many people does your station currently serve?
Could these new maps assist your marketing team?
A radio industry publication has submitted an Emergency Petition for Reconsideration requesting the Commission shut down the CDBS electronic filing system. They base their complaints on the inability to open attachments submitted with the numerous applications for station transfers. The Petition lists several transfer applications in which contracts and other attachments could not be opened. They go on to indicate that, while they do not use the electronic system to submit applications, they are aware of complaints from law firms that have had difficulty filing applications. In some of the cases cited, they actually filed Petitions for Reconsideration in the individual transfers. Those Petitions will potentially delay finality in the respective transfers. The Commission's position or response on these matters is unknown. We'll keep you posted.