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

www.grahambrock.com


MARCH NEWSLETTER

Vol. VIII, No. 3 -- March 2001



FM Auction Postponed.......Freeze Lifted

On March 7, 2001, the FCC issued a Public Notice postponing the FM Broadcast Auction until December 5th, for reasons of "administrative convenience." As such, the temporary freeze on minor changes for all commercial and non-commercial FM stations announced several months ago was lifted. The temporary freeze was to allow the filing of Form 175 applications by parties wishing to participate in the auction of some 360 FM channels. According to the new schedule, the submission of FCC Form 175 will take place between September 24 and October 5, 2001. While no new freeze was announced, one should be expected during this time period. The up-front payments will be due by November 5th. The mock auction will take place on December 3rd, with the auction beginning December 5, 2001. We now have more time to review the channels to be allotted and perhaps even more will be added. We will keep you apprised of any changes in the FM auction.

Non-Commercials Move Forward

The FCC has issued a Memorandum Opinion and Order in the non-commercial comparative standards proceeding. Last April, the FCC outlined the manner in which it would select between mutually exclusive non-commercial FM and TV applicants. The method to be employed was a points system. By assigning a certain number of points to each applicant, the application with the highest number of points wins. Some parties requested reconsideration of a lottery proposal, but the FCC stated it will keep the points system. The Commission notes that a Public Notice will soon be issued to allow those applicants to provide the FCC with the data necessary to assign points to each filer. Applicants will also have an opportunity to submit global resolutions/settlements and submit minor amendments to remove themselves from the proceeding. The Commission has also stated it will waive the settlement cap that normally only allows applications to be reimbursed for actual expenses, allowing parties to settle for what ever amount is feasible.

Tower Registration Fines

The FCC has fined a North Carolina station $3,000 for failing to register its tower. The licensee stated that it had hired a third party to check the tower height and submit the tower registration application in December 1996. After several calls, the work still had not been completed. The FCC inspected the station in July 2000 and noted the tower had not been registered. The FCC found that the licensee had failed to register the tower, despite its efforts to do so, and fined the station $3,000. There are still towers out there that have not yet been registered. This usually turns up when a station is being bought or sold. It has also been discovered that some towers have the wrong tower registration number posted. Re-verify all of your towers to ensure they are properly registered and that the numbers posted on the tower agree with the Tower Registration form.

E-Filing

The Commission's conversion to electronic filing for applications for construction permits (Form 301, except for AM) and applications for transferring a station has been mandatory for the last few weeks. The filing of 301 applications has been possible for several months, and it seems that the bugs have pretty much been ironed out. Not so for the station transfers. Apparently, numerous people had problems up-loading exhibit files to the system in the first few days, in some cases delaying the filing. These up-load errors have been addressed and the system will now accept the attachments.

Viva Las Vegas

The weather is getting warmer and the days are getting longer so this can only mean one thing........ROAD TRIP!!! Yes, we are once again preparing to make the trip out to the city in the desert for NAB 2001 as radio and TV owners, engineers, and the like take over Las Vegas for a week. The convention starts April 21st and runs through April 26th. Stu Graham and Jeff Brock will be winging their way west next month and would welcome the opportunity to meet with you. If you would like to pre-arrange a time to get together, either give us a call or send us an e-mail. Jeff and Stu will be staying at the Mirage this year so you will also be able to catch up with them there.