Graham Brock, Inc.

Broadcast Technical Consultants

April Newsletter

Vol. IX, No. 4

April 2002

More Time For Comments

As requested by several parties, the Federal Communications Commission has extended the comment period in the non-commercial applicants proceeding. As we indicated last month, the FCC was informed by a court decision that they could not require non-commercial entities to participate in the commercial auction proceedings. In response to this decision, the Commission issued a further notice in MM Docket #95-31 to solicit comments on options for allowing non-commercial parties to participate in commercial channel opportunities. Options include allowing them to file when no commercial applications have been submitted and/or expanding the options for reserving FM and TV channels for non-commercial operation or precluding their participation. Several non-commercial groups have requested an extension of time for filing comments, originally scheduled to close April 15, 2002. In response to their request, the FCC has extended the comment period to May 15^th, with reply comments due on June 17, 2002. The FCC did indicate that they wished to complete this proceeding on a timely basis since it is delaying the allocation, auction and licensing processes. They feel this short delay was in the public’s interest, but it is unlikely that a further extension will be considered.

Licensing Your Auxiliary FM Or TV Facilities

You just finished construction of a new and improved transmitting tower, including a new transmitter, antenna and associated gear. Your old site is now sitting there unused, but still capable of operating. If this older site is your former main transmission facility, you can seek to re-license it as an auxiliary facility simply by filing a new FCC Form 302-FM. This presumes that no physical changes have been made (lowering the antenna more than 4.0 meters or raising it more than 2.0 meters). You can (and should) propose to reduce the power of the new auxiliary, if necessary, to keep its contour from extending beyond that of the main site. This saves the need of submitting an application for construction permit since no construction is actually required. In addition, the fee for a license application is substantially less than that of an application for construction permit.

Airing Telephone Calls

In a recent decision, the FCC fined a licensee, who is a major group operator, for airing an answering machine message from a personal answering machine. The station called a residence and, without receiving permission from the individual, broadcast the answering machine’s message. The FCC held that the transmission of any phone call, whether a live voice or not, without the advanced permission of the individual is in violation of the rules. The base fine for airing a telephone conversation was assessed at $4,000. However, the fine was adjusted upwards to $6,000 since the corporate parent company had previously been fined for a similar occurrence.

Jet Lagged – But Home

For those who left the East Coast last week to go to Las Vegas, we hope your plane missed the severe weather in the center of the country that caused us to circle Dallas for an hour and then make an unscheduled stop in Austin. From what we could see of it on the airport taxiway, Austin looked quite nice. The stop in Austin helped us adapt to the three hour time difference and seemed to give us more energy to roam the great halls. Attendance seemed down, but those in attendance were very interested in the vendors and their products. For those who missed the show, perhaps we will see you in Seattle.

Digital Radio

During the National Association of Broadcasters Convention, the In Band-On Channel AM Report was reviewed and voted on by its members. This report will now go to the FCC for its review. In addition, broadcasters reviewed the potential cost of converting to digital. The cost of the equipment can very greatly depending on how a station proposes to implement digital. However, many broadcasters are now learning that a “licensing fee” to Ibiquity Digital Corporation will also be necessary. The one time median fee will be $12,900 and is calculated based on the station regulatory fee.