Graham Brock, Inc.
Broadcast Technical Consultants
Vol. X, No. 5
May 2003
The FCC has issued a Report and Order in the on-going DTV transition proceedings stating how they will address permittees that still have not implemented DTV facilities, who have requested further extensions of time to build, but have been denied. First, the Commission will admonish the permittee and require it to submit a report outlining the steps it plans to take to complete construction within 30 days, and the FCC will require construction to be completed within six months of the date of the admonishment. If the station fails to comply, the Commission moves on to step two. As part of the next step, the FCC will issue a Notice of Apparent Liability for a forfeiture and require the permittee to report every 30 days to the Commission, allowing an additional six month period to complete construction. If the permittee fails to demonstrate ongoing work to complete construction, the FCC will move on to step three.
In the third and final step, the Commission indicates that, if the permittee fails to complete construction within the second six month time frame, the FCC will take the necessary steps to rescind the permit for the DTV facility. This action will cause the station in question to have only an analog station. According to the FCC, they will still require the licensee to surrender its analog channel at the end of transition without the opportunity to convert it to digital.
The FCC has begun a proceeding to consider changes to some of its rules regarding the construction of towers near historic sites or towers that have an impact on the environment. As part of its plan, the Commission is considering a proceeding to address radio frequency electromagnetic fields, the impact of towers on migratory birds and the effect of communications facilities on historic properties. No time frame has yet been set for the process to begin.
The FCC postponed the implementation of a pre-coordination process for many broadcast auxiliary stations (STL’s and ICR’s). The new process that was to have started on April 16th would require applications for new or major changes to existing STL’s and certain TV relay stations to coordinate the proposed frequency/facility prior to filing an application with the FCC. Although the Society of Broadcast Engineers requested that the Commission delay implementation of the coordination process for a year, the Commission granted a six month extension. The new coordination rules will go into effect on October 16, 2003. The coordination process requires contacting licensees of stations in the same and adjacent bands in a prescribed area and providing 30 days response time to receive comments from the other licensees. Coordination must occur before filing with the FCC.
Earlier this month, more than 30 days after the filing window closed, the FCC has added the translator applications submitted in mid-March to the CDBS database. Engineers, attorneys and the general public can now review the filings and determine those that may be mutually exclusive with other filings made during the window. We have also heard rumors that a remedial window may be opened to allow applicants to submit minor amendments to remove the mutually exclusive ties to other applications. No announcement of when that may occur, nor when the non-mutually exclusive applications may be processed.
We are updating our files and need your current contact information. Please forward your address (mailing & physical), telephone numbers (voice, fax, cellular) and email address to Kewanna@grahambrock.com or by fax to 912-638-7722.