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Graham Brock, Inc. |
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Broadcast Technical Consultants |
| Vol. XI, No. 9 |
R. Stuart Graham, Jr. |
| September 2004 |
Jefferson G. Brock |
| Radio Ownership Rules Change - Again |
The U.S. Court of Appeals in Philadelphia, the same
court that stopped the new ownership rules from going
into effect last year, has lifted the freeze on certain
parts of the rules. In a decision released on September
3, 2004, following a request from the FCC, the court has
lifted the stay on adoption of the use of Arbitron
Market data to determine the number of stations in
markets which are rated. In some cases, this would
replace the use of the contour overlap method. The court
will also allow the Commission to consider Joint Sales
Agreements (JSA) as an attributable ownership matter.
Once again, proposed owners of stations in rated markets
must use the Arbitron Market data as the base for the
number of stations in a market, including both
commercial and non-commercial stations. In non-rated
markets, the contour overlap method is still to be used
pending yet another method of certifying compliance to
be determined in a separate rule making proceeding.
As a result, the Commission has announced a freeze,
effective September 8th, on the filing of all
applications on Forms 301, 314 and 315. These include
applications for AM/FM/TV construction permits, new
applications, modifications and amendments, pro forma
assignments and transfer of control. The forms are being
redesigned to include the new multiple ownership rules.
Since redesigned forms were created more than a year ago
before the initial court action, the FCC staff has
informally indicated that the freeze will be short
lived, perhaps for only two weeks. |
| First List of Singleton AM’s
Issued |
| The FCC has released a list of 135 applications
for new AM stations, which were filed during AM
Auction #84 at the beginning of this year. It was
determined that these stations were not in conflict
with any other applications filed during that
window. The applicant must submit a completed FCC
Form 301 to demonstrate compliance with the
Commission’s interference criteria to all existing
AM stations, and provide the required daytime and
nighttime coverage to its community of license.
Applications must be submitted by October 29, 2004.
This deadline may be extended due to the above noted
filing freeze, but do not wait until the last minute
to file and do not expect any extensions. The
applications may also be used to specify minor
changes to the original proposal, such as site
change, power change, etc. A filing fee must be
included with the application. The FCC has indicated
that as the review process continues they intend to
issue additional singleton lists. |
| Unlicensed Devices in the TV
Band |
| Several months ago, we reported that the FCC
initiated a Notice of Rule Making to solicit
comments for the use of unlicensed devices to
operate within the TV band, in areas of the
spectrum not being used by TV stations. These
smart radios are supposedly designed to check
for TV service on frequencies and can then
select a frequency which will not impact TV
station operation or reception. The IEEE
Advisory Group has submitted a request for an
extension of time to prepare and file comments
in the proceeding. To that end, the Commission
has extended the comment deadline until November
30th and the reply comment deadline until
December 30th. The proceeding is ET Docket
#02-380 and Docket #04-186. |
| Broadcaster Fined for a
Misplaced Tower |
| An existing radio station owner has been
fined $3,000, based on the actual location
of the station’s broadcast tower. Following
an inspection of the facility by the
Commission’s Field office, using a Global
Positioning System (“GPS”) receiver, the
actual tower was found to be more than 1/3
of a mile from the coordinates specified in
the station’s authorization. The licensee
argued that the use of a GPS should not
supercede the manner in which the site was
originally pinpointed by his engineers, and
that the use of a GPS imposes a new
requirement on licensees. The Commission
indicated that all licensees are required to
provide the most accurate coordinates for
their tower sites. The use of a GPS does not
alter this requirement, it just provides an
additional means of doing so. Many stations
have coordinates which are at slight
variance to the locations listed on their
licenses and/or tower registrations. In
either case, the FCC encourages stations to
correct the coordinates of their facilities.
Corrections do not require filing fees.
Checking your site for accurate coordinates
is an inexpensive way to avoid an expensive
fine. We will be happy to assist if needed. |
| As part of its conversion to digital
operation, the FCC wants all licensees
to verify that their database is
accurate with respect to all facilities
by October 1st. Contact the Commission
directly or through your legal or
engineering counsel to verify your data. |
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