Broadcast Law Blog

The FCC today issued an order extending the comment deadline in its Broadcast Diversity proceeding, extending the comment date a full month until July 30, with Reply Comments now due on August 29.  This important proceeding, about which we wrote here, will address many issues, including proposals to, among other things, repurpose television Channel 6 (and possibly Channel 5) for FM use after the completion of the television digital transition, to allow FM licensees who multicast to sell one of their multicast channels independently of the main channel, to allow certain AM stations with expanded band channels to avoid turning in one of their channels at the end of the 5 year transition period if the licensee is a designated entity (or sells one of its channels to a designated entity), and to provide Class A television stations with must-carry status.  The rulemaking proceeding will also look at whether the current definition of a designated entity (focusing on the fact that it is a small business as opposed to any review of the race or gender of its owners) is the one that the FCC should continue to use.  Thus, this is an important proceeding in which many broadcasters should be interested, and now you have more time to prepare comments on the issues that are raised.

Posted By David Oxenford In AM Radio , Cable Carriage , EEO Compliance , FM Radio , Low Power Television/Class A TV , Public Interest Obligations/Localism | Permalink | 0 Comments | Email entry

The Commission today published notice in the Federal Register revising the dates for submitting comments in its rule making "In the Matter of Promoting Diversification of Ownership in the Broadcasting Services."  If you will recall, this is the rule making proceeding that seeks comment on a number of new proposals, including whether to revise the definition of "Designated Entities", possibly expanding the FM band to include TV channels 5 and 6, possibly adopting rules to allow AM expanded band stations to retain those stations or transfer them to Designated Entities, and whether Class A LPTV stations should be afforded must-carry rights on cable systems. 

Although the FCC had initially pegged the comment date at July 15th when it first published notice a couple of weeks ago, apparently that date was a miscalculation.  Thus, the dates for commenting have now been revised, and Comments in the proceeding are now due on or before June 30, 2008, and Reply Comments are due on or before July 14, 2008.  This means that interested parties have a couple of weeks less than initially thought to prepare and file comments in this proceeding, so start drafting now.  See our earlier summary of this proceeding for more information.  A copy of today's Federal Register notice can be found here. 

Posted By Brendan Holland In AM Radio , EEO Compliance , FM Radio , FM Translators and LPFM , Low Power Television/Class A TV , Multiple Ownership Rules | Permalink | 0 Comments | Email entry

UPDATE  5-29-2008-  Please note, the Commission has revised the dates for submitting comments in this rule making proceeding.  Comments in the proceeding are now due on or before June 30, 2008, and Reply Comments are due on or before July 14, 2008.  This means that interested parties have a couple of weeks less than initially thought to prepare and file comments in this proceeding, so start drafting now.  A copy of the Federal Register correction notice can be found here. 

The FCC has published its Further Notice of Proposed Rulemaking on its efforts to encourage diversity in the broadcast media in the Federal Register, thus setting the dates for public comments.  The FCC is seeking comment on a number of ideas – some to restrict the definition of the Designated Entities that are eligible to take advantage of the rules promote diversity to minority groups and perhaps women, others to expand the universe of media outlets available to potential broadcast owners – including proposals to expand the FM band onto TV channels 5 and 6, and proposals to allow certain AM stations, which were to be returned to the FCC after their owners received construction permits for expanded band stations, to retain those stations or transfer them to Designated Entities.  There are numerous other issues to be considered that we summarized in detail here.  Check out the details, and file your comments, which are due on June 30. 

The Federal Register publication also sets the effective date for the Diversity rules that the FCC did adopt.  These rules will become effective on July 15.  We summarized the new rules here.  While many of these new rules are relatively uncontroversial, allowing certain limited exceptions to the multiple ownership rules for companies that help minority ownership, some have imposed new obligations that, in some cases, are not easily defined.  For instance, while no one would argue with the proposition that parties who discriminate based on race or gender should be penalized, the FCC adopted some rules that may need further clarification.  For instance, the FCC adopted new rules to require certifications that there has been no discrimination in all FCC applications seeking approval for the sale of a station (FCC Forms 314 and 315).  The FCC also adopted rules prohibiting dictates by advertisers that their advertising not run on urban or Spanish formatted stations ('no urban, no Spanish" dictates).  Yet, on neither of these rules did the FCC provide any specificity as to what they were prohibiting, or what the Commission would look at in enforcing these rules.  Watch for potential requests for reconsideration or clarification of these and perhaps other rules - which are due on June 15. 

Posted By David Oxenford In AM Radio , EEO Compliance , FM Radio , Multiple Ownership Rules | Permalink | 1 Comments | Email entry

Quarterly Issues Programs Lists Due April 10th -- This is a eminder to all radio and television stations, both commercial and noncommercial, that Quarterly Issues Programs Lists reporting on the important issues facing the stations' communities, and the programs aired in the months of January, February, and March dealing with those issues must be prepared and placed in the stations' public inspection file by April 10, 2008. The failure to have a complete set of Quarterly Issues Programs lists, which were timely prepared and placed in a station’s public file, can lead to significant fines at license renewal time so all stations are urged to prepare their Quarterly Issues Programs lists in a timely fashion. See our full advisory for further details.

Please note, the New Form 355 for television stations has not yet become effective, but when it does, television stations will be required to use this new form to report on their programming content in great detail.  Stations should prepare for the implementation of this form now. 

Children's Program Reports Due April 10th --  Commercial full power and Class A low power television stations are reminded that Children's Television Programming Reports on FCC Form 398 must be prepared and filed electronically with the FCC by April 10, 2008. The Reports must also be placed in the stations' public inspection files by that date. Our recent advisory is available here with all the details, including the requirements for DTV stations airing multiple program streams and details about the new Form 398. Quarterly certifications regarding compliance with the commercial limitations in Children's Programming should also be prepared and placed in the public inspection file by April 10th.

New Form 388 Report on DTV Educational Efforts Due April 10th -- Last, and definitely not least, by April 10th full power television stations must electronically file the newly minted Form 388 reporting on their efforts to inform viewers about the DTV transition.  Although the FCC's new rules mandating educational efforts by TV stations were only effective March 31st (the last day of the quarter), the FCC nevertheless is requiring that all stations file a report detailing their DTV education efforts during the First Quarter of 2008.  Thus, stations will largely be reporting on any voluntary educational efforts undertaken in the first quarter (PSAs, news programs, etc.), as well as electing which of the three Options that they intend to employ for their DTV educational efforts going forward.  More information is available in our recent advisory. 

Posted By Brendan Holland In AM Radio , Digital Television , FM Radio , General FCC , Television | Permalink | 0 Comments | Email entry

The Commission's Localism Report and related Notice of Proposed Rule Making seeking comment on a slate of proposed new rules has been published in the Federal Register.  Accordingly, Comments in this rule making proceeding must be filed with the Commission by March 14 and Reply Comments must be filed by April 14.  This is a very short period of time in which to comment on a number of significant proposals that are poised to return the broadcast industry to the regulatory structure of the 1980s.  As we reported earlier, the Commission proposes to re-regulate broadcast stations, and the NPRM suggests a number of substantive rule changes, such as effectively re-instating ascertainments, eliminating the unmanned operation of broadcast stations, imposing quantitative programming requirements, and requiring that main studios be maintained within a station's community of license.  This NPRM proposes a number of potentially burdensome requirements, many of which were eliminated by the Commission long ago, and many of which go beyond what the FCC has ever required.

Given the potential impact that the FCC's proposed rules could have on broadcast stations, broadcasters are encouraged to file comments in this important rule making proceeding. 
Comments can be filed with the Commission in paper or electronically through the FCC’s Electronic Comment Filing System.  When submitting comments, commenters should be sure to reference the docket number for this rule making, MB Docket No. 04-233.  

Posted By Brendan Holland In AM Radio , Digital Television , FM Radio , FM Translators and LPFM , General FCC , Programming Regulations , Public Interest Obligations/Localism , Television | Permalink | 0 Comments | Email entry

A reminder to all radio and television broadcast stations, both commercial and noncommercial, that Quarterly Issues Programs Lists reporting on the important issues facing the stations' communities, and the programs aired in the months of October, November, and December dealing with those issues must be prepared and placed in the stations' public inspection file by January 10, 2008.  The failure to have a complete set of Quarterly Issues Programs lists, which were timely prepared and placed in a station’s public file, can lead to significant fines at license renewal time so all stations are urged to prepare their Quarterly Issues Programs lists in a timely fashion.  See our full advisory for further details.

In addition, commercial full power and Class A low power television stations are reminded that Children's Television Programming Reports on FCC Form 398 must be prepared and filed electronically with the FCC by January 10, 2008.  The Reports must also be placed in the stations' public inspection files by that date.  Our recent advisory is available here with all the details, including the requirements for DTV stations airing multiple program streams and details about the new Form 398.  Quarterly certifications regarding compliance with the commercial limitations in Children's Programming should also be prepared and placed in the public inspection file by January 10th. 

Posted By Brendan Holland In AM Radio , Children's Programming and Advertising , Digital Television , FM Radio , General FCC , Low Power Television/Class A TV , Television | Permalink | 0 Comments | Email entry

The FCC's proposal to allow FM translators to rebroadcast the signals of AM stations as a fill-in service has been published in the Federal Register setting the dates for comment.  Comments in the proceeding will be due by January 7, 2008, with Reply Comments due on or before February 4, 2008.  As we wrote back in August (available here), the Commission's rule making proposes to allow FM translators to rebroadcast the signal of AM stations - and potentially to originate programming during those nighttime hours when a daytime-only AM station is not permitted to operate.  The proposal is to permit AM stations to operate FM translators in an area that is the lesser of a circle 25 miles from their transmitter site or within their 2 mv/m daytime service contour.  In proposing the changes in its rules, the Commission raised a number of questions on which it seeks public comment, including whether the proposal is in the public interest, whether there should be a cap on the number of translators an AM station can employ, and whether an extension beyond the AM station's 2 mv/m contour should be permitted.  Please see the FCC's Notice of Proposed Rule Making or our earlier blog entry for further information.  Comments can be filed with the Commission in paper or electronically via ECFS, and should refer to MB Docket No. 07-172.

Posted By Brendan Holland In AM Radio , FM Radio , FM Translators and LPFM | Permalink | 0 Comments | Email entry

As the Commission held its last localism hearing in Washington on Halloween night, FCC Chairman Kevin Martin's views on how the FCC should insure that stations are responsive to their communities became somewhat clearer.  In his opening statement, the Chairman outlined a set of actions that could be taken by the FCC to insure more service to the public.  While emphasizing the importance of efforts to encourage new entrants into broadcast ownership, the Chairman's proposals to add new regulatory requirements, including requiring that a station be manned during all hours of operation, may well have the result of making it more difficult for any new entrant (or for existing smaller operators) to profitably operate their stations.  In addition, he has offered proposals that would seemingly require cable and satellite carriage of in-state television stations not in a system's DMA - a proposal sure to cause concern to stations in DMAs that straddle state lines.

The Chairman's statement includes the following proposals:

• Requirements for uniform filings by broadcasters quantifying their public service - presumably their news and information programming and the public service announcements that they provide
• Requiring that stations have manned main studios during all hours of operations (not just during business hours)
• Allowing flexibility for LPFM stations to be sold, but adopting new rules to insure that such stations are used for local programming, not something provided from a network or other programming source
• Providing television viewers the ability to get an in-state television stations on cable and satellite even if the county in which they reside is "home" to a DMA with stations in another state
• Capping the number of applications accepted from the 2003 FM translator filing window - which might result in the dismissal of hundreds of applications that have effectively been frozen for 4 years

Posted By David Oxenford In AM Radio , Cable Carriage , Emergency Communications , FM Translators and LPFM , Public Interest Obligations/Localism | Permalink | 1 Comments | Email entry

Twice this week, the FCC released decisions denying applications proposing city of license changes for AM stations proposing to take away the only station licensed to one community and move it to another.  In its order adopting simplified city of license changes (see our previous posts including those here and here), the FCC refused to change its policy of not allowing the removal of an established radio station which is the only station licensed to a community except in cases where an extraordinary showing justifying a  waiver of the rules could be made.  The two cases decided this week show that merely moving to a community with greater population (even one which has no other station licensed to it) will not, in and of itself, justify a waiver of the rules.  Thus, stations which are the only station licensed to their communities are effectively blocked from changing cities of license without  providing a "back-fill", i.e. moving another station so that it can be licensed to the community that would otherwise be abandoned.

In one case decided this week, the broadcaster proposed to move its AM station to a community that had three times the population of the one that it was proposing to leave.  The Commission rejected the move, finding that the residents of the current community should be able to rely on continued service from that station.  This was true even though other stations could be received in the community, as the Commission reminded licensees that their primary responsibility is to serve the needs of their city of license, and that this primary service cannot be duplicated by the secondary service provided by a station licensed to another town or city. 

Posted By David Oxenford In AM Radio | Permalink | 0 Comments | Email entry

In a Public Notice designed to clarify any ambiguity that has arisen from the extension of Daylight Savings Time into November, the FCC on Friday made clear that AM daytime-only stations should continue to use the power levels for October "advanced" operations for Pre-Sunrise (PSRA) and Post Sunset Authority (PSSA) during the first three days of November, until Daylight Savings Time ends on November 4.  We've written about some of the issues for AM stations with Daylight Savings Time here and here.

Posted By David Oxenford In AM Radio | Permalink | 0 Comments | Email entry

On an NAB Radio Show panel that included the news that LPFM licenses are, in some cases, holding up the processing of certain FM applications while solutions to potential interference to the LPFM station are sought (see out post here), a representative of the Audio Services Division of the FCC's Media Bureau also revealed that the FCC is routinely accepting and processing requests for special temporary authority to allow AM stations to rebroadcast their signals on FM translators.  Such STA requests must follow the guidelines that are contained in the Commission's Notice of Proposed Rulemaking that would authorize such use on a permanent basis (see out summary of that proposal here). We have seen some of these requests already granted.

So, AM broadcasters interested in FM translators should start looking for translator stations to use for such purposes realizing, of course, that any FCC authority is temporary and could be overturned when the FCC ultimately makes its final decision in the rulemaking proceeding.  There is no window for the filing of new applications, so an AM licensee seeking to use the STA process must find an existing translator to use for this purpose.  But the opportunity is there, and AM broadcasters can take advantage of it.

Posted By David Oxenford In AM Radio , FM Translators and LPFM | Permalink | 0 Comments | Email entry

A reminder to all radio and television broadcast stations, both commercial and noncommercial, that Quarterly Issues Programs Lists reporting on the important issues facing the stations' communities, and the programs aired in the months of July, August, and September dealing with those issues must be prepared and placed in the stations' public inspection file by October 10, 2007.  The failure to have a complete set of Quarterly Issues Programs lists, which were timely prepared and placed in a station’s public file, can lead to significant fines at license renewal time so all stations are urged to prepare their Quarterly Issues Programs lists in a timely fashion.  See our full advisory here for further details.

In addition, commercial full power and Class A low power television stations are reminded that Children's Television Programming Reports on FCC Form 398 must be prepared and filed electronically with the FCC by October 10, 2007.  The Reports must also be placed in the stations' public inspection files by that date.  Our recent advisory is available here with all the details, including the requirements for DTV stations airing multiple program streams and details about the new Form 398.  Quarterly certifications regarding compliance with the commercial limitations in Children's Programming should also be prepared and placed in the public inspection file by October 10th.

Posted By Brendan Holland In AM Radio , Children's Programming and Advertising , Digital Television , FM Radio , Low Power Television/Class A TV , Television | Permalink | 0 Comments | Email entry

Last Friday, the rules on over-the-air digital radio for AM and FM stations - the IBOC system or, as it is commonly known, HD Radio - became effective.  The most immediate effect of the new rules, which we summarized here, is the ability of AM stations to operate using the IBOC system at night.  The Commission determined that such operation offered more benefits than any interference it might create.  The final rules also allowed stations to begin digital operations - and multicast operations - on a permanent basis without prior FCC approval.  As these rules take effect, some stations are beginning to look to the multicast channels to provide new programming opportunities.

NPR has, in many ways, led the efforts to utilize digital radio for multicast operations.  In today's Washington Post, there is an article about the city's NPR affiliate, WAMU, which has recently announced plans to take its multicast operations to a new level.  WAMU had in the past programmed a substantial amount of bluegrass music, a local DC favorite.  Over time, that programming had been reduced as the station broadcast more and more talk programming.  The station had moved bluegrass to a full time Internet radio stream, and has now announced plans to move all of the remaining bluegrass and roots music programming (which had been limited to Sundays) to one of its IBOC digital multicast streams - and to include live announcers during at least some of this digital programming.  The Post article quotes the station manager as saying that the local Best Buy now knows that HD Radio is different from the service that XM or Sirius provide.

Posted By David Oxenford In AM Radio , Digital Radio , FM Radio | Permalink | 4 Comments | Email entry

Annual EEO Public File Report Deadline - October 1

Affected States:  Alaska, American Samoa, Florida, Guam, Hawaii, Iowa, Mariana Islands, Missouri, Oregon, Puerto Rico, Virgin Islands, Washington

By October 1, 2007, radio and television Station Employment Units (SEU) in the states listed above must:  (1) prepare their Annual EEO Public File Report; (2) place it in the public inspection files of all stations comprising the SEU; and (3) post the Report on the websites, if any station in the SEU has a website.  The Annual EEO Public File Report summarizes the station's or the SEU's EEO activities during the previous 12 months, and provides information about the recruitment and outreach that the station conducted in the past year.  The states with the October 1 filing deadline are:  Alaska, American Samoa, Florida, Guam, Hawaii, Iowa, Mariana Islands, Missouri, Oregon, Puerto Rico, Virgin Islands, Washington. 

In addition to preparing the Annual EEO Public File Report by October 1, larger radio stations in Florida, Puerto Rico, and the Virgin Islands must also prepare and file with the Commission an FCC Form 397 Mid-Term EEO Report.  Please note, only radio station SEUs located in these three jurisdictions with 11 or more full-time employees are required to file an FCC Form 397 by October 1, 2007.

Biennial Ownership Report Deadline - October 1

Affected States:   Radio:  Alaska, American Samoa, Florida, Guam, Hawaii, Mariana Islands, Oregon, Puerto Rico, Virgin Islands, and Washington;  Television:  Iowa and Missouri

By October 1, 2007, radio stations in Alaska, American Samoa, Florida, Guam, Hawaii, Mariana Islands, Oregon, Puerto Rico, Virgin Islands, and Washington, and television stations in Iowa and Missouri must prepare and file an FCC Form 323 Biennial Ownership Report with the FCC.  Similarly, noncommercial stations in these states must file a Biennial Ownership Report on FCC Form 323-E.  Ownership Reports are filed every other year, reporting on changes in the licensee’s ownership and updating the information requested by the form.

The timing for the filing of the Biennial Ownership Report and the preparation of the Annual EEO Public File Report is based on the anniversary of the filing of the station's license renewal.  In turn, the renewal cycles are organized by state and type of service, and are staggered based on the FCC's prearranged schedule.  Periodically, we will remind groups of stations as to their upcoming deadlines, and stations should be vigilant to make these required filings.  Copies of our complete reminder memos containing additional information on each of these requirements can be found here (Ownership) and here (EEO).

Posted By Brendan Holland In AM Radio , EEO Compliance , FM Radio , General FCC , Television | Permalink | 0 Comments | Email entry

In a very unusual process - one that is probably unprecedented - the FCC last week announced that it is opening a window for parties to file applications for a new AM station to serve Rockland County, New York.  AM stations are traditionally made available for filing on an on-demand basis - when the FCC accepts applications for new stations, parties can file in any location in the country, specifying any city of license that they select, as long as the station that they propose will not create interference to existing stations.  This is unlike FM and TV, where there is a two step process - new channels are first allotted at specific locations based on a party's request, but that party gets no rights to the channel.  Instead, after the allotment has been made, anyone can file for in a specified window seeking a construction permit to build the new station.  In this window, the FCC has adopted a unique process for an AM stations, a process much more like that used in FM and TV.  The Commission had been asked by a party for permission to operate a new station in Rockland County.  Instead of simply permitting that party to build a station without competition, the FCC decided that a new station was necessary to provide emergency information about the nuclear power plant in the Rockland area, but determined that anyone could file for that channel.  Applications for the channel (1700 AM - on the expanded band, for which there have been no applications for almost 10 years since the first set of expressions of interest were taken), will be accepted from October 1 through October 5.

In order to give parties the ability to prepare applications, the FCC is imposing a freeze on the filing of minor change applications for AM stations throughout the country during the filing window.  Any minor change application that is filed during the window will be returned.  So if you are planning an application for a technical change to your AM station, you need to plan to avoid that filing window.

Posted By David Oxenford In AM Radio | Permalink | 0 Comments | Email entry

We've recently written much about Internet radio, digital radio, digital television and all sorts of new technologies to electronically deliver media content.  But the grandfather of all electronic media - AM radio - still provides significant service.  A recent Petition for Rulemaking suggests certain technical changes to increase the service provided by these stations. In particular, the proposed changes would allow longer, higher powered operations by stations that are forced to reduce power or cease operating at local sunset.  A summary of the petition prepared by the engineer who drafted it can be found here.  It proposes that AM stations who are forced to reduce power at sunset be allowed to operate with higher Post-Sunset Authority.  It also suggests that the power allotted AM stations for Post Sunset and Pre-Sunrise Authority  be computed based on the location and time of sunset and sunrise at the location of the stations which the local station could interfere with, rather than requiring reduced power when during the hours of darkness at the location of the station that has to reduce power.  These changes are particularly important in the shorter daylight hours in the upcoming winter months.  The FCC recently gave public notice of the filing of this petition, and comments can be filed at the FCC until August 20, 2007.  The Commission will evaluate these comments and determine if a formal Notice of Proposed Rulemaking is warranted, at which time further public comment would be taken.

This proposal is but one of a host of current proposals pending for the AM service.  A few months ago, we wrote about a proposal for easing proofs of performance for AM stations, and before that, we wrote several posts, here and here, about the long-pending proposal filed by the NAB seeking to allow AM stations to use FM translators.  While initial comments have been filed on the Petitions for Rulemaking in these matters, neither of these proposals has yet reached a formal Notice of Proposed Rulemaking.  Much further advanced is the FCC's Order allowing AM stations to operate digitally at all hours - which, as we wrote in May, was released two months ago after being originally adopted at the FCC's March meeting.  However, the digital order does not become effective until 30 days after publication in the Federal Register which, for some unexplained reason, has not yet occurred.  And many AM stations are waiting for this publication so that they can begin full-time digital operations, and others wait for these other actions to help this oldest of electronic media outlets. 

Posted By David Oxenford In AM Radio | Permalink | 0 Comments | Email entry

A reminder to all radio and television broadcast stations, both commercial and noncommercial, that Quarterly Issues Programs Lists reporting on the important issues facing the stations' communities, and the programs aired in the months of April, May, and June dealing with those issues must be prepared and placed in the stations' public inspection file by July 10, 2007.   The failure to have a complete set of Quarterly Issues Programs lists, which were timely prepared and placed in a station’s public file, can lead to significant fines at license renewal time so all stations are urged to prepare their Quarterly Issues Programs lists in a timely fashion.  See our full advisory here for further details. 

In addition,commercial full power and Class A low power television stations are reminded that Children's Television Programming Reports on FCC Form 398 must be prepared and filed electronically with the FCC by July 10, 2007.  The Reports must also be placed in stations' public inspection files by that date.  Our recent advisory is available here with all the details, including the requirements for DTV stations airing multiple program streams and details about the new Form 398.  Quarterly certifications regarding compliance with the commercial limitations in Children's Programming should also be prepared and placed in the public inspection file by July 10th. 

Posted By Brendan Holland In AM Radio , Children's Programming and Advertising , Digital Television , FM Radio , General FCC , Low Power Television/Class A TV , Public Interest Obligations/Localism | Permalink | 0 Comments | Email entry

The FCC today issued the long-awaited text of its decision on Digital Audio radio - the so-called IBOC system.  As we have written, while adopted at its March meeting, the text of the decision has been missing in action.  With the release of the decision, which is available here, the effective date of the new rules can be set in the near future - 30 days after its publication in the Federal Register.  With the Order, the Commission also released its Second Further Notice of Proposed Rulemaking, addressing a host of new issues - some not confined to digital radio, but instead affecting the obligations of all radio operations.

The text provides the details for many of the actions that were announced at the March meeting, including authorizing the operation of AM stations in a digital mode at night, and the elimination of the requirements that stations ask permission for experimental operations before commencing multicast operations.  The Order also permits the use of dual antennas - one to be used solely for digital use - upon notification to the FCC.  In addition, the order addresses several other matters not discussed at the meeting, as set forth below. 

Posted By David Oxenford In AM Radio , Digital Radio , Emergency Communications , FM Radio , Multiple Ownership Rules , Noncommercial Broadcasting , Payola and Sponsorship Identification , Political Broadcasting , Programming Regulations , Public Interest Obligations/Localism | Permalink | 2 Comments | Email entry

The FCC has asked for public comment on a change in its rules which would allow broadcasters to conduct proofs of performance for a new directional AM antenna system to be conducted by a computer modeling system, rather than the extensive system of field tests that currently are required. While generations of broadcast engineers have grown up slogging through swamps, driving through fields and even flying in helicopters to conduct field strength readings to prove that AM antenna systems are operating in compliance with the parameters specified in their applications as submitted to the FCC, this proposed new system would allow all this to be done by computer in most instances. Comments on the proposals can be filed with the FCC on or before July 23, with replies due on August 22.

This proposal was filed at the Commission by a consortium of broadcasters, broadcast engineers and antenna manufacturers who had concluded that the existing process was overly expensive and cumbersome and similar results could be achieved by current computer technology.  Whether the FCC concludes that this is in fact the case will depend on the comments filed in response to this notice. 

As these comments are requested to refresh and update the record in an existing rulemaking proceeding to assess the performance of AM directional antenna systems – a proceeding which was actually initiated by a Petition for Rulemaking filed in 1989 – the FCC could immediately issue new rules following the results of this inquiry. Thus, relief for AM broadcasters, making the process of building AM directional antenna systems much faster and cheaper, may be on the way in the short term.

Posted By David Oxenford In AM Radio | Permalink | 0 Comments | Email entry

The FCC has just released a Public Notice providing guidance on various situations that may arise under the new simplified processing rules for changes in the city of license of AM and FM stations. These clarifications had been promised for many months, ever since the new rules became effective in mid-January.  The Public Notice sets out a number of scenarios as to when a broadcast station may change its channel or make a change in a city of license by using a Form 301 application, be processed on a first-come, first serve basis, not subject to competing applications, and when a more lengthy process must be used, requiring public notice and comment and the opportunity for counterproposals, before the change can be made. 

For those who have been involved in the filing of these applications since the January 19 effective date of the rules, and who have informally discussed these processes with the FCC, there are few if any major revelations in the Public Notice.  Essentially, city of license changes can be made on an application where the proposal moves a station from one city to another, when no new station could be located at the second city because of the licensed facilities of the station.  One clarification that had been discussed with the staff in preparation for applications already on file, and confirmed by this notice, is the fact that the new rules allow the change of channel of an existing station, at its current city of license, to a nonadjacent channel (one which is not precluded by the current station operation), using a Form 301 application, as long as there is no upgrade in facilities of the station.  Thus, a station could move from 92.1 to 105.3 (if it works under the FCC's technical standards), without any sort of notice and comment or competing proposal.  In some cases, the station could use this process to change channels, then file an upgrade application on the new channel, and complete a non-adjacent channel upgrade through a two step process never subject to formal comment or counterproposals. 

Even for those without applications currently pending, this public notice is worth reading, as it may give the broadcaster ideas of possible changes that can be made to improve the facilities of its stations.

Posted By David Oxenford In AM Radio , FM Radio | Permalink | 0 Comments | Email entry

As we reported yesterday, the Media Bureau has discovered an "unanticipated computer problem" that resulted in erroneous power levels for certain of the recalculated authorizations that were recently announced for AM stations with Presunrise (PSRA) and Postsunset (PSSA) Service Authorizations.  As a result of Congress' revision of the effective period for Daylight Savings Time (DST), the FCC had sought to revise its AM station Presunrise and Postsunset Service Authorizations, however, the computer glitch apparently resulted in power levels that were quite unexpected.  It is understood that the glitch resulted from the overprotection of foreign AM stations.  Accordingly, the Media Bureau has now suspended the use of the recalculated PSRAs and PSSAs until it is able to correct the computer error and recalculate the correct power levels.  A copy of the Bureau's Public Notice announcing the suspension is available here.

Therefore, stations currently operating with PSRAs and PSSAs should use the April DST "Advanced" powers and time periods shown on their current PSRAs and PSSAs for their presunrise and postsunset operations for the period between March 11 through March 31, 2007.  A subsequent Public Notice will be released by the FCC once the glitch has been fixed and the proper parameters calculated. 

Posted By Brendan Holland In AM Radio | Permalink | 0 Comments | Email entry

Last week, we reported on the FCC's release of a Public Notice announcing the recomputation of new power levels for Pre-Sunrise and Post-Sunset Authority for AM stations.  These computations were done because of the change in Daylight Savings Time that goes into effect this weekend.  We've heard from clients, and saw in yesterday's broadcast trade press, reports that these computations are incorrect for a number of stations - often finding interference to foreign stations where such interference should not be a concern.  While we understand that the FCC is recomputing these authorizations - if you haven't checked the authority that you received last week, do so now, and let your Washington representatives know if you think that there is a problem, so that it can be fixed before the time change this weekend.

Posted By David Oxenford In AM Radio | Permalink | 0 Comments | Email entry

As we've written before, when Congress passed a new law extending Daylight Savings Time, AM stations that adjust power levels at sunrise and sunset would be affected.  Today, the FCC took action to adjust to those differences by announcing changes in Pre-Sunrise (PSRA) and Post-Sunset (PSSA) authority for all AM stations that have such authority.  Effective March 11, the first day of Daylight Savings Time under the new law, all stations with PSRA or PSSA have to begin operating with new parameters announced by the FCC today.

Any station operating with such authority should check the FCC Public Notice, and follow the link set out in that notice, to receive their new operating authority.  Stations should print out their new authorizations from that site, post the new PSSA or PSRA with their other operating licenses, and place a copy of the new authorization in their Public File with all of their other authorizations.  As all old PSSA and PSRA authorizations will be void as of March 11, stations should be sure to check this site and obtain their new authorizations and make sure that they are operating with the proper operating power.  With the FCC's recent propensity to fine stations which are not in full compliance with the FCC rules and their authorizations, stations don't want to take the risk of not operating in compliance with these new standards.

Posted By David Oxenford In AM Radio | Permalink | 0 Comments | Email entry

The new FCC Form 301 application is now available, both as a pdf on the Commission's forms page, and in the CDBS filing system.  The Form has been revised to take into account changes made in FCC rules which allow changes in the city of license of AM and FM stations to be made as a "minor change" that can be processed relatively quickly.  The rules also permit changes in the channels of FM stations, even to non-adjacent channels, as a minor change without a rulemaking.  We wrote about that proceeding most recently here.  The new rules are effective on January 19, except for changes in noncommercial FM reserved-band stations. 

Applications for reserved-band stations must be filed on a revised version of FCC Form 340, which may not be available for another month or two.  Under the FCC's order, noncommercial reserved-band stations are supposed to wait until the new Form 340 is available before filing an application under the new rules.  As applications filed on January 19 could theoretically preclude a change planned by a noncommercial station, that delay could be a problem.  It is possible that noncommercial applicants may submit filings on the January 19 deadline asking that the FCC reconsider this disparate treatment of commercial and noncommercial stations.

The FCC is supposed to release a series of questions and answers on the new procedures in the next few days.  Applicants planning to file on the 19th should be alert for that release, as it may provide information that is important for the new filings. 

Posted By Brendan Holland In AM Radio , FM Radio | Permalink | 0 Comments | Email entry

By January 10, 2007, all radio and television broadcast stations, both commercial and noncommercial, must prepare and place in their public inspection files a list of important issues facing their communities, and the programs aired in the months of October, November, and December dealing with those issues. These Quarterly Issues Programs lists are the only legally required documents that demonstrate how a station has met its public service obligation to its community of license and service area. The failure to have a complete set of Quarterly Issues Programs lists that were prepared and placed in the station's public file at the proper time can lead to significant fines at license renewal time. Moreover, the failure to produce and document programs responsive to community needs could cause even greater problems for a broadcast licensee. See our bulletin on quarterly issues programs lists for more information. 

Also by January 10, 2007, television stations (including Class A television stations) must place in their public inspection files and file with the FCC an FCC Form 398 Children's Television Programming quarterly report detailing the core children's programming aired in the fourth quarter of 2006 serving the educational and informational needs of children.  By this date, stations must also prepare and place in their public inspection files documentation sufficient to demonstrate their compliance with the limitations on the amount of commercial matter during children’s programming. 

Posted By Brendan Holland In AM Radio , Children's Programming and Advertising , FM Radio , General FCC | Permalink | 0 Comments | Email entry

The FCC Order announcing a simplification of the procedures for changing cities of licenses of radio stations, and the modification of procedures for amending the FM Table of Allotments, was published in the Federal Register today.  Thus, the new rules will become effective in 30 days, on January 19.  The freeze on FM allotment changes that has been in place for the last year and a half will be lifted on that date.

Substantial questions remain about how these new rules will be implemented in practice.  Informal conversations with FCC staffers have indicated that further explanations of the procedures may be forthcoming.  Issues in the new rules include the fact that only 4 stations may be changed in any single, interrelated filing, which may hamper some of the larger, more complicated facilities changes that have become common over the last few years - and which allow many stations to improve their facilities through interrelated changes. 

There are also issues with city of license changes for noncommercial FM stations, as the new rules as written limit city of license changes to situations where the 1 mv/m contour of the station when moved would overlap with some part of the 1 mv/m service area of the station as currently licensed.  In other services, the limits are that the move must be mutually exclusive with the present facilities (e.g. the interfering and protected contours of the stations would overlap). 

Posted By David Oxenford In AM Radio , FM Radio | Permalink | 0 Comments | Email entry

The FCC today released the full text of its Order amending the procedures to be used when making changes in the FM Table of Allotments, and allowing city-of-license changes for all radio services to be processed as minor change applications, which should substantially speed their processing.  The text, which provides the details of the decision announced earlier this month (which we summarized in our posting of November 3) can be found on the FCC's website, here.  The changes in the procedures will be effective 30 days after publication in the Federal Register.  We will provide a more detailed summary of this decision later today. 

Posted By David Oxenford In AM Radio , FM Radio | Permalink | 0 Comments | Email entry

At its open meeting this morning, the FCC unanimously adopted a Report and Order streamlining the process of modifying the community of license for FM and AM stations.  According to the comments at this morning's meeting, and the Commisison's News Release, the Order will do the following:

• Allow AM and FM stations to seek a community of license change on a first-come, first-serve basis on an FCC Form 301 minor modification application.  Previously, AM stations were required to wait for a filing window, and FM stations had to endure a rule making proceeding before it could file a change to the community of license.   Such changes will be allowed on a Form 301 application if they are mutually exclusive with the station's daytime facilities, and must include a 307(b) showing demonstrating that the change in community is in the public interest. 
• Require local public notice by FM stations to both the community it is moving into and the community that it is leaving.  The proposed community of license changes will also be published in the Federal Register and no action will be taken for 60 days in order to allow for public comment.
• These community of license procedures will extend to noncommercial educational licensees as well.
• The rule making filing fee will be required at the time that an applicant files a Form 301 application.
• Allow electronic filing for allotment proceedings.
• Defers consideration of a limit on the number of proposals that can be filed simultaneously until the Media Bureau can evaluate the impact of the new rules.
• Leaves unchanged the current case-by-case review of proposals to relocate a community's sole local service to be another community's first local service.
• And finally, the freeze on FM rule makings will be lifted when the new rules become effective, which will be 30 days after publication in the Federal Register. 

In addition to lifting the freeze that has been in place for a year and a half, this streamlining Order will greatly accelerate the process of modifying a station's community of license.  Previously, the two-step process of a rule making followed by an application for the change of community of license of an FM station took an estimated two years to complete.  Such changes for AM stations took twice that time, due to the fact that applicants had to wait for the FCC to open a filing window for such changes.  More details will be available once the text of the Order is released, so check back in the future. 

Posted By Brendan Holland In AM Radio , FM Radio , FM Translators and LPFM , General FCC | Permalink | 0 Comments | Email entry

According to the agenda for its meeting to be held on Friday, November 3, the FCC will finally adopt changes to its rules on FM allotment procedures and on changes in the city of license of broadcast stations.  The FCC issued its Notice of Proposed Rulemaking in this proceeding in June 2005.  This proceeding includes a proposal to make a city of license change a "minor change," which would not require a rulemaking for FM stations, and would not require a window filing for AM stations.  This could speed the processing of such changes, allowing stations to upgrade and otherwise improve their facilities.

The proceeding also deals with a number of other procedural issues, including whether a station should be allowed to change its city of license if it is the only station licensed to a community (generally prohibited under current rules), and whether the proponent of a new FM allotment should be required to file its Form 301 application for a construction permit (and pay the required filing fee) at the same time as it files a Petition seeking the new allotment (intended to encourage only serious applicants for new channels).

Posted By David Oxenford In AM Radio , FM Radio , General FCC | Permalink | 0 Comments | Email entry

In a decision released Friday, the FCC's Enforcement Bureau imposed a fine of $7000 on a station for violation of Section 73.49 of the Rules, requiring AM station towers with the potential for RF radiation at their base  to be completely enclosed within a fence or other secure enclosure.  What was notable about this decision is that the FCC rejected claims that the station should not be fined because it did not own the tower.

The Enforcement Bureau found that Section 73.49 imposed a duty on AM licensees, not on tower owners.  Thus, the duty to fence the tower is one that the licensee is responsible for meeting, even if some other party owns the tower.

The FCC noted that for all other towers, the primary duty for maintenance and repair of a tower is on the antenna structure owner, but even then the FCC imposes a secondary duty on the licensee to make sure that all legal obligations are being met.  While the FCC left for another day the issue of what would happen if a licensee did not meet that secondary duty in some case not involving an AM station, they made clear that, for AM stations, the licensee cannot delegate the responsibility for the fencing obligation.

Posted By David Oxenford In AM Radio , FCC Fines , Tower Issues | Permalink | 0 Comments | Email entry

As some of you may know, in 2005 Congress passed a law extending Daylight Savings Time by four weeks.  Beginning next Spring, daylight savings will begin three weeks earlier than before, and extend an extra week into the Fall.  Specifically, as of March 11, 2007, daylight savings will start on the second Sunday of March and end on the first Sunday of November.  The change was part of a bill passed by Congress aimed at spurring energy conservation.  This change, however, will also have the unintended effect of causing many AM stations to sign-on well into morning drive time, and possibly after many kids have been deposited at school, for an additional month of every year. 

Due to nighttime propagation characteristics, many AM radio stations must drastically reduce their power during the nighttime hours, or cease broadcasting altogether.  The extension of Daylight Savings Time will exacerbate the impact of the annual time shift by requiring stations to delay the start of their morning broadcast for an additional four weeks each year.  This expansion of daylight savings could have a real impact on the bottom line of many AM stations, especially daytime-only stations.  Ultimately, staying on the air for an extra hour at the end of the day does not offset the loss of an hour during morning drive time. 

Posted By Brendan Holland In AM Radio | Permalink | 3 Comments | Email entry