October 2004 Newsletter

Graham Brock, Inc.

Broadcast Technical Consultants

Vol. XI, No. 10	R. Stuart Graham, Jr.
October 2004	Jefferson G. Brock

October Newsletter

It’s Fall, and the Freeze is Lifted

The FCC announced that they are lifting the temporary filing freeze on applications for construction permits (FCC Form 301), and applications to transfer stations (Forms 314 and 315). The freeze was announced shortly after the Commission was given permission to use Arbitron market data for ownership studies. The filing freeze allowed the FCC to update their respective forms to address those changes. The Commission has indicated that pending applications filed before the freeze must be amended to address the rules change. If you have pending applications that require changes, please note that all amendments must be submitted within thirty days. We have the ability to not only prepare contour overlap analysis for non-metro stations, but we can also provide station data within the various Arbitron Metro Markets.

TV Election Data

All existing TV stations with paired DTV channels must submit their pre-election certification form (FCC 318) by November 5th to indicate plans to maximize their DTV channels based on outstanding permits or allotted values. After this date, the FCC will issue a revised Table of Station Assignments, from which the digital election process will begin.

Digital LPTV

The FCC has issued a Report and Order regarding the transition of LPTV and TV translators into the digital age, listing the new rules for digital operation that will go into effect in approximately sixty days. The rules allow existing stations to switch to digital operation from analog operation. In some cases stations will be allowed to operate on two channels, both digital and analog. Based on spectrum availability, the rules outline how digital stations are to protect other stations and how they are to be protected. Availability of channels is the primary issue. Conversion of full service stations and the process of channel elections will have an impact on what channels may be available for LTPV/TV Translator filings. At this time the FCC has declined to authorize digital TV booster stations.

AM Singleton Applications

There are 135 AM applications filed during the January 2004 filing window that have been noted as singletons by the FCC. They have until the end of the month to submit long form applications for construction permit. These are just some of the AM filers who are not mutually exclusive with any other filings submitted during that filing window. Over the next few months, additional singleton public notices are expected from the Commission. Those not on the initial list should be prepared to file their long form applications upon the announcement of their status. Site changes and other minor changes can be proposed in the long form applications. Do not wait until the last minute to confirm site locations, as plat maps and site photographs must be included when filing AM applications.

FM Auctions on the Horizon

The first FM auction is scheduled to begin November 3, 2004. Many individuals and groups that have submitted Form 175 applications, and paid the required minimum bids for their channels of interest. The auction is expected to last several weeks. Final results are not expected until bidding on all channels has concluded. The procedures for this first auction will probably be used for all subsequent FM auctions. While there are over 280 channels currently up for auction, there are many more awaiting future auctions.

Fines Update

The licensee of an AM station in Missouri was fined for operating its daytime-only facility beyond the hours specified on its license, with no documentation as to how the station was controlled and routinely monitored. When the Commission inspector asked to see the station’s public file, it was not available. The licensee was fined $18,000 for these deficiencies. Another station in Mississippi was fined $12,000 for failures to maintain the station’s EAS equipment and to keep the tower adequately fenced to prevent public access.