Rumors continue to abound about the possible further delay of the end of the year FM
auctions. This is primarily due to a recent court matter where the Commission was told
that non-commercial applicants did not have to participate in auctions for non-reserved FM
channels. There are several mutually exclusive FM applications for markets where one or
more of the applicants filed as a non-commercial entity and the other(s) filed for
commercial operation. The FCC could not auction those channels and may not be able to hold
the next planned auction that would preclude non-commercial entities from filing, unless
they bid on the channels. The last delay came at the eleventh hour after the auction
seminar had already commenced. Should a further postponement occur, the FCC will have to
schedule another window for the auction process. Stay tuned.
The FCC has issued a Notice of Proposed Rule Making regarding the re-allotment of some
of the 2 GHz band from Broadcast Auxiliary/Electronic News Gathering to Mobile Satellite
Services. This has been an ongoing proceeding but with the technology changes, new
services are also being considered within this spectrum, such as phone, fax, etc. Existing
broadcasters using the band will be relocated to accommodate the MSS users prior to the
implementation of operation. Some additional spectrum in the band above the ENG
frequencies may be used by the satellite radio companies, who would like to use some of
the spectrum for terrestrial fill-in translators for their satellite radio services. The
translators are proposed for major metropolitan areas due to the potential for theoretical
reception problems caused by the buildings in the downtown areas. Comments regarding MSS
are due in late September.
There have been numerous Petitions for Rule Making filed with the FCC proposing the
allotments of new FM channels around the country. The largest number over the last several
weeks has been in communities within Texas, although there have also been proposals in
several other states. As stations start to downgrade to Class C0, implement a change in
community of license, relocate to adjacent channels or make other minor changes, new
opportunities for allotments or improvements become available. With the consolidation of
ownership, even mutual increase of facilities for Class A stations is becoming more
practical. In some recent cases, a large group owner merely sought the consent of a
co-owned Class B station to allow two Class A stations to increase to 6.0 kilowatts.
Earlier attempts in the 1990's failed when the Class B owner at that time did not want to
grant its consent.
The fall NAB Radio show took place earlier this month in New Orleans. The weather was a bit less humid than the last time the Radio Show was held in New Orleans, but was typical for this time of year in the deep south. The attendance of over 5,000 seemed smaller than last year's show in San Francisco but even with a small show you can accomplish a great deal with all the vendors in one location. As always, the Radio Show is an excellent way to cement current client relationships and develop new ones. Hopefully, the attendance will increase next year when the Radio Show will be held in Seattle in mid-September.