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

JANUARY NEWSLETTER

Vol. IX, No. 1 – January 2002

Non-Commercial On Commercial Channels

As we previously reported, there are numerous applications pending for commercial channels that did not go to the first round of auctions since one or more of the mutually exclusive applications for the channel were proposing non-commercial operation on a commercial (non-reserved) channel. This issue initially led the Commission to tell non-commercial applicants they would have to participate in auctions and bid for the channels along with the commercial applicants. After court action, the FCC was told that non-commercial applicants did not have to bid for channels, thus continuing the stalemate and preventing the first round of FM auctions for new channels to take place. There has been some internal progress towards the issuance of a Notice of Proposed Rule Making that looks toward a remedy to the situation in order to allow the auction process to begin again. In the interim, the already pending mutually exclusive applications, some of which have been pending for more than five years, still have the opportunity to settle. The Commission has extended the settlement period through February 15, 2002, following a request for extension by several parties after the initial closing of the settlement period on November 30, 2001.

NRSC Asks FCC To Proceed With FM IBOC

The NRSC has completed its review of the proposed In-Band/On-Channel FM digital system, as proposed by iBiquity Digital Corporation, and has referred it to the Commission. The FCC is presently accepting comments in the Digital Radio proceeding, MM Docket #99-325, through February 19, 2002. While the NRSC only reviewed the FM IBOC proposal, it was noted that they would review the AM counterpart once the system had completed its testing. Like its TV relative, the FM IBOC requires less transmitter power to replicate its analog coverage. The Commission is seeking comments on the potential for enhanced audio quality, the potential for auxiliary capabilities, coverage issues, implementation costs, and compatibility issues.

TV Channels 52-59 Re-Allotted

The FCC has taken the next step in re-allotting the spectrum, presently occupied by TV stations operating on Channels 52 through 59, for fixed and mobile services, allowing existing stations to remain until the conclusion of transition to DTV. The re-allotment will allow existing LPTV stations to remain in the band and retain secondary status, even following the conclusion of transition. The re-allotment Order also provides a 45 day window for the modification of pending NTSC applications in this band. The proposed new service will occupy 48 MHz of spectrum divided into three 12 MHz blocks, broken into two 6 MHz paired blocks, and two 6 MHz blocks. No date has been set as to when the spectrum must be fully cleared, however, the FCC will allow voluntary band clearing on a case-by-case basis.

Improving Non-Commercial FM’s

While there is still a freeze on the filing of applications for new or major change non-commercial applications, existing stations still have the opportunity to make changes/improvements using the minor change rules. As with their commercial counterparts, non-commercial stations may now upgrade power and relocate to adjacent channels, three frequencies above and below the present frequency. In addition, they can utilize the contingent application rules, in conjunction with another non-commercial station, to enable both to improve their facilities. This is similar to the commercial station one-step application process and may provide substantial improvements for non-commercial stations through the deletion of directional antenna systems and site relocation to provide coverage to additional population.

Change of Address

Has your address, phone number, email, etc., changed in the past year? If so, please let us know so we can update our records. For your convenience, you can email us at kewanna@grahambrock.com.