Graham Brock, Inc.

Broadcast Technical Consultants

MARCH NEWSLETTER

Vol. IX, No. 3

March 2002

Non-Commercials On Commercial Channels

The FCC has issued a Notice of Proposed Rule Making seeking comments on how it should resolve future auctions of commercial (non-reserved) FM and TV allotments where non-commercial applications may have an interest. As we have previously reported, there are several instances around the country where commercial and non-commercial applicants are competing for a commercial channel. The Commission ruled some time ago that the non-commercial applicants would have to participate in the auction for the channel with their commercial counterparts. This decision was overturned by the Court of Appeals, thus returning those cases to status quo. However, it also stopped the Commissions auction process for over 300 new and unapplied for FM allocations. The FCC has put forth three possible options, including holding non-commercial entities ineligible for filing on non-reserved channels; allowing them to file when there are no commercial applicants and/or provide the option for reserving additional FM and TV channels for non-commercial use only. The Commission has set April 15, 2002, as the deadline for comments. It is anticipated that this proceeding may conclude quickly to allow the FCC to move forward with their twice delayed auction process for FM channels.

Revised EAS Rules Implemented

The FCC has issued a series of revised rules effecting the national EAS system. They have created some new EAS codes for events and locations that include codes for child abduction. Modification of existing equipment will not be necessary, but the new codes will be required in any new equipment installed after February 1, 2004. The order also extended the time where a required monthly test must be re-transmitted from 15 to 60 minutes, has exempted broadcast satellite and repeater stations from installing equipment (provided they re-broadcast the parent station 100% of the time) and exempted LPFM stations from installing EAS decoders. The Commission noted that presently there are no type certified decoders available, but will require LPFM stations to install decoders after one has been certified.

Comment Deadline Extended

At the request of several parties, the Federal Communications Commission has extended the comment period regarding the Rules and Policies concerning Multiple Ownership of Radio Broadcast Stations in Local Markets and the Definition of Radio Markets. The new deadline for comments is March 27, 2002, with reply comments due by April 24, 2002. We will keep you posted as things develop.

Down To The Wire

There are many unbuilt construction permits for stations around the country, and some are very close to their expiration dates. With the on-going changes in the spectrum, many are looking at options to save their permits without having to spend hundreds of thousands of dollars to build out full stations. Unfortunately, these decisions are sometime made with less than a month or two left on the permits. We have assisted many permittees in making changes to their permits with little time left. The FCC staff has been instrumental in expediting these last minute requests to save unbuilt stations. In one case, a Class C1 was downgraded to a Class A and relocated in just two days, built the next day and an application for license was filed the following day, leaving one day before the permit would have expired. In another instance, two applications were filed contingently to move an unbuilt non-commercial station to a new site and delete a proposed directional antenna and move another non-commercial licensed station down one frequency to accommodate the unbuilt station. Processing time at the Commission, less than thirty days. While it is not wise to wait until the last minute, it is possible to save permits with good technical, legal and FCC help.

Viva Las Vegas

It won’t be long until we will make our annual trek out west to the National Association of Broadcasters Convention in Las Vegas. If you or a member of your staff is also planning on attending the convention and would like the opportunity to have a face to face meeting with either Stu or Jeff, please give us a call and we’ll be happy to schedule some time for you.

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Proposed FM Allocations

                                 City                             Channel                      Market (miles)*                  Comments Close

                                Milan, NM                      270A                         Grants (3)                            April 22, 2002

* Distance to market based on city of allocation.

There were no new FM Allotments issued by the FCC since last month’s newsletter.