Graham Brock, Inc.
Broadcast Technical Consultants
Vol. X, No. 4
April 2003
The FCC had to delay the FM auction process for the over 450 vacant FM channels when U.S. Court of Appeals ruled that non-commercial stations were exempt from the auction process. On April 10, 2003, the Commission released an Order outlining how it will address the issues of non-commercial stations vying for commercial (non-reserved) channels. First, a non-commercial entity must demonstrate that it will use the channel to advance an educational program and, second, that the station will be used by a municipality to transmit only non-commercial programs for educational purposes. If the non-commercial entity cannot comply with these two points, it may still apply for the non-reserved channel, but must participate in the auction. Those complying with these two points may file for the new facility in the commercial band and not be subject to the auction rules. However, applications may be dismissed should there be commercial applicants for the same channel. The Commission is considering allowing settlements between competing applications where a non-commercial applicant is involved. The settlement options will be similar to those used following the last AM major change window. Additionally, the Commission will open a window soon that will allow non-commercial entities to reserve some previously allotted FM channels (those allotted after August 7, 2000, for which there are no pending applications). The FCC’s reservation process for the channels will require a preclusionary study that shows that no non-commercial channels are available in the community proposed. Following this allocation reservation window, the FCC should restate the FM auction process for the numerous vacant channels.
Many engineers and attorneys were inundated with requests for translator applications in late February and early March. The FCC extended the close of the window from March 14th to March 17th to compensate for some computer downtime. Although the Commission has not yet issued a Public Notice stating the exact total, Staff sources tell us that approximately 13,000 applications were submitted during this window. The applications have not yet been placed in the CDBS Public View Database so they are not available for review. As such, there is no way at present for anyone, other than the FCC, to determine which applications are clear of other filings or that may be mutually exclusive. This complicates the filing of future minor change applications for translators, as there is no way of knowing whether proposed site changes would create an interference issue to any pending new/major change applications.
The Commission dismissed numerous applications last month for new LPFM stations that failed to meet the Commission’s 3rd adjacent channel protection criteria to full-service stations. When the LPFM service was first authorized, LPFM stations were not required to protect 3rd adjacent stations. This was the basis for the filing of numerous applications during the first two LPFM windows. The rules were subsequently amended, requiring 3rd adjacent protection, for the last LPFM windows. Applications that were filed based on the former rules were allowed to amend their applications to bring them into compliance during a remedial window. Those who did not amend to a compliant channel have now been dismissed.
The Commission has issued a Notice of Inquiry asking for data on new minimum interference standards for AM, FM and TV receivers, as well as non-broadcast receivers. The goal is to promote efficient use of the spectrum and to potentially allow for new and additional uses of existing spectrum. Comments in this proceeding, ET Docket #03-65, are due 75 days after publication of the notice in the Federal Register and should be filed electronically.
The FAA is now forwarding its determinations on towers to the FCC electronically. In the past, once the FAA ruled on a proposed tower, it mailed the determination to the FCC for manual input into their system. This delayed the issuance of a tower registration for the proposed tower and, in turn, delayed the grant of a construction permit for a facility. The mail-in method required one to two weeks for input into the FCC system. With the new interconnect, the determination is available on the FCC system in one day.