Vol. XI, No. 2

February 2004

February Newsletter

R. Stuart Graham, Jr.

Jefferson G. Brock

How Many Were Filed?

It may be several weeks before we know for certain how many applications were filed for major changes to AM stations or for new AM stations at the end of January. Discussions with the Commission’s staff indicated numbers did not come close to the number of FM translator applications that were filed last year. While they hesitated to guess at the number, it appears less than 2000 were submitted. The staff hopes to have the filings added to the CDBS database shortly. Once the information is entered into the database, we can perform a cursory review for mutual exclusivity with other filers. Sometime later this year the FCC will issue a Public Notice listing the stations that are not mutually exclusive. We will then have 30 days to submit the complete application, including all exhibits. The mutually exclusive applications will likely have an opportunity to reach an engineering solution or enter into a settlement agreement; if not, they will be set aside for auction at a later date.

A licensee was recently fined for failing to register the tower where its FM antenna system was mounted. The Commission’s Field Office conducted an inspection of the station and found, through a review of the tower registration database, that the tower had not been registered with the FCC. The station’s General Manager indicated that the engineer had been tasked with the filing, but it had apparently not been completed and that he should have followed up with the engineer. The FCC found that the station was responsible for failing to properly register the tower and fined the station $3,000.

Another licensee has been fined $21,000 for failure to reduce the power of its AM station at night, maintain a minimal staff at its main studio and make the station’s public inspection file available during business hours. Based on a showing of financial hardship, the Commission has reduced the fine to $1,500. This licensee must also submit a report to the Commission detailing how it has addressed the issues listed in the FCC Notice.

As we reported in December, numerous notifications are being mailed out by stations who are proposing new or major changes to their existing STL systems. To some recipients it may appear the notices have no direct impact to their stations. The filing parties are required to notify all users within a 125 miles radius of the proposed system or 250 miles in the same direction that the new antenna is pointed. Some of the notices detail the call sign of the STL or existing system which promoted the issuance of the letter. Other notices, however, do not specifically list the station’s facilities that will potentially be impacted, which makes it more difficult to confirm if your system could be affected by the new station. You should contact the company in an attempt to determine which STL is being targeted to make it easier to review the proposal, or you can search the Commission’s Wireless Bureau database. If you have only a few STL licenses, the job is easier. If you need assistance, we can review the proposal on your behalf. It is also important for stations to be sure their own STL licenses are properly up to date, so that the facilities are being accurately depicted and protected.