Graham Brock, Inc.
Broadcast Technical Consultants
Vol. X, No. 9
September 2003
The finality of the new broadcast ownership rules was to be September 4, 2003. In anticipation, the FCC placed a freeze on the submission of applications for station transfers and held up processing of applications for commercial station construction permits. This was to allow time to change the application forms to reflect the revised rules. In late August, the new forms were approved and distributed, the freeze lifted and the public was asked to submit amendments to pending applications using the new forms. The amendments were to provide updated ownership studies, although the rules had not yet become effective. However, on September 3rd, the U.S. Court of Appeals placed a stay on the implementation of the new ownership rules, until the court could review the case. As a result of this action, the Commission issued a new freeze on September 5th for the filing of all applications for station transfers (submitted on Forms 314 and 315) and applications for construction permits for commercial broadcast stations. At this point, many people did not know what to think or what to do, including the Commission’s staff. On September 10th, the Commission announced the freeze would be lifted and outlined what should be done for filings once the freeze was discontinued. The new forms, which had only been in use for a few weeks, would no longer be accepted. The previous forms would again be used. The regulations for broadcasting ownership that were in place prior to June 2nd, and were to be replaced by the new rules, will again be in effect and should be used in all multiple ownership matters. The Commission went on to state that, since the older applications for construction permits do not require ownership studies, none need now be submitted. All parties that amended applications in late August have been asked to amend yet again to demonstrate compliance with the old, and now current, rules. And the beat goes on.
The FCC’s Wireless Division, the wonderful people who brought us Tower Registration, has conducted an internal review of the towers in its databases and found that some 442 existing towers have not been registered, but should be. The Public Notice provides a 60 day grace period for the owners of these structures to register the towers and avoid fines for failing to comply with the registration rules. While some towers are above the 200 foot level, many are less than 200 feet, but fail to meet the required slope height/distance requirements to nearby airports. The list of towers subject to this notice is available on the Commission’s Wireless Division website. They are not listed by owner, only by coordinates, city and state. If registration of the listed towers is not implemented within the 60 day period (that ends on September 21st), the owners of the towers will be referred to the FCC’s Enforcement Bureau.
The end of August was a busy time in the FM translator world. The FCC issued a list of FM translator applications that were not mutually exclusive with other filings and the applicants were directed to submit the full applications by August 29, 2003. Hundreds of applicants complied with that request. Some of the applications submitted specified alternate locations for the proposed translators and, in some cases, adjacent channels, provided they meet the minor amendment rules for translators. Once these applications are accepted for filing, parties have 15 days to submit Petitions to Deny. There are a numerous translators that are proposing operation within full service stations’ protected contours and proposing operation on 2nd or 3rd adjacent channels. This may create a minute area of interference within the full-service stations’ contour. However, the interference will be in the immediate area of the translator. The distance the interference may impact the full-service station will vary based on the distance from the full-service station’s site and the power and height of the translator.
The NAB’s Fall Radio show kicks off on October 1, 2003, in Philadelphia, Pennsylvania, and both Stu and Jeff will be in attendance. If you would like to meet to discuss an upcoming project, or would like to say hello, please contact our office.
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