Broadcast Law Blog

In a proposal filed by many of the nation's largest radio broadcasters, a request was made that the FCC allow FM stations operating with the HD Radio (or "IBOC system" - for "In Band On Channel" as the digital signal is transmitted on the same channel as the current analog signal) to increase power by up to 10 dbu, which is said to be less than 10% of a station's authorized analog power.  The proposal cites the power increase as one that, in most cases, can be made without interference to adjacent channel stations.  In certain instances, particularly those of grandfathered short-spaced stations, only certain lesser power increases would be permitted under this proposal.  The proponents contend that the increased power will help stations replicate their analog service and increase building penetration so that the service can be received inside large office buildings and even in parking garages.  The proponents submit engineering studies that support their position.

I have worded this post very cautiously.  We write about many significant and controversial issues on this blog - e.g. indecency, music royalties, multiple ownership rules - but the most animated responses we usually receive is when a post deals with HD Radio.  While we have written about many broadcasters who have adopted the HD radio system and are using the multicast ability to bring new services to their communities, we recognize that there are many critics of the programming on HD Radio, or the design of the tuning functions on the radio, or for the lack of the consumer "value proposition" for the purchase of a new radio required to receive the digital transmissions.  However, we have found that there are also many who feel vehemently that there are engineering issues with the service.  So we post this notice of the FCC filing, and look forward to the response that we will receive.

Posted By David Oxenford In Digital Radio | Permalink | 4 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

At long last, the Commission's Second Report and Order and Further Notice of Proposed Rule Making regarding Digital Audio Radio or HD Radio, which was adopted by the Commission on March 22, 2007, has been published in the Federal Register establishing the effective date for the new digital rules as September 14th.  As we reported earlier, the Order is aimed at promoting the ultimate transition of terrestrial radio broadcasting to all-digital and, among other things, permits the following:

• FM stations may commence digital operations without prior authority from the FCC and may use separate antennas for the digital and analog signals without the need for an STA.
  
• Stations may operate in extended digital hybrid mode, permitting additional capacity.
  
• AM stations may operate during nighttime hours.
  
• FM translators, boosters, and LPFM stations may operate digitally.

These new operational rules will become effective on September 14, and along with them the following rules regarding policy issues will also go into effect:

• Stations that chose to broadcast in digital must provide a free digital stream that simulcasts the programming of the analog channel.
  
• Stations have the flexibility to provide multiple programming streams, provide data services, or provide the highest quality audio service.
  
• Stations may lease the unused portion of their radio spectrum to third parties.
  
• The existing rules, such as EAS, political, sponsorship ID, and station identification, are extended to all the free streams of programming provided by a station.

Finally, publication of the Order and FNPRM in the Federal Register also establishes the dates for filing comments in response to the Commission's broad array of proposals posited by the Further Notice of Proposed Rule Making.  The FNPRM contains specific proposals to adopt new rules regulating the public interest obligations of radio broadcasters. These proposals include the possible requirements for a standardized disclosure form for a stations public service programs, limits on a station's ability to originate programming from locations other than the station's main studio, and possible limitations on the current ability of stations to operate without manned studios. Comments for this proceeding are due on or before October 15, 2007, and Reply Comments are due on or before November 13, 2007. 

A full summary of the new rules, as well as the proposals contained in the further rule making can be found in our earlier blog here. 

Posted By Brendan Holland In Digital Radio | Permalink | 1 Comments | Email entry

Should artists waive their rights to performance royalties in order to get airplay on broadcast or Internet radio stations? That questions has come to the fore based on a click-through agreement that Clear Channel included on a website set up to allow independent bands to upload their music for consideration for airplay by its stations. While artist groups, including the Future of Music Coalition, condemned that action, there are always two sides to the story, as was made clear in a segment broadcast on NPR’s Morning Edition, in which I offered some comments. As set forth in that segment, artists may be perfectly willing to allow unrestricted use of a song or two in order to secure the promotional value that may result from the airplay that might be received. For the broadcaster or Internet site seeking such permission, getting all rights upfront may well be an important consideration in deciding whether or not to feature a song – especially in the digital media.

Critics of the waiver made much of the fact that the site was set up at least partially to meet Clear Channel’s informal commitment made as part of the FCC payola settlement to feature more independent music, even though that commitment was not a formal part of the settlement agreement.  (See our summary of the payola settlement, here).  Even to the extent that the informal commitments made by the big broadcasters encompassed making time available to more independent musicians, the critics ignore the fact that the companies do not need any waiver of any sound recording performance royalty in connection with the over-the-air broadcast of those songs, as there currently is no public performance right in a sound recording for over the air broadcasting (though artists and record lables are now pushing for such a royalty, see our story here). Thus, the use of the waiver was only for the digital world – which was not covered by the FCC's jurisdiction over payola promises or the promises to increase the use of independent music. So, effectively, the company is being chastised for trying to minimize their costs on giving the music even greater circulation through their digital platforms than they initially promised.

Posted By David Oxenford In Digital Radio , Intellectual Property , Internet Radio , On Line Media | Permalink | 1 Comments | Email entry

In our recent summary of the Commission's order on Digital Radio, we wrote about the Further Notice of Proposed Rulemaking that raised specific proposals to adopt new rules regulating the public interest obligations of radio broadcasters.  These proposals included the possible requirements for a standardized disclosure form for a stations public service programs, limits on a station's ability to originate programming from locations other than the station's main studio, and possible limitations on the current ability of stations to operate without manned studios.  A recent Commission decision reminds television broadcasters that there is another proceeding - one six years old - that proposes many of the same restrictions on television broadcasters.  Does the recent mention of this proceeding that so closely parallels the recent radio proposals indicate that some action may soon be forthcoming on the TV proceeding?

The TV proceeding was mentioned in an FCC decision released last week rejecting Petitions to Deny that had been filed against a number of license renewal applications for television stations in Wisconsin and Illinois alleging that the stations had not adequately served the public interest through the broadcast of issue responsive programming, especially programming covering election issues.  In rejecting those Petitions, the FCC stated that its ability to second guess the editorial discretion of a licensee was limited by the First Amendment and by the Communications Act's prohibition against broadcast censorship.  In this case, the FCC said that the showing made by the Petitioner was not sufficient to demonstrate that the stations had not served the public interest of their communities.  However, the decision noted that the Commission was considering quantitative standards for evaluating the public service of broadcast licensees, citing to the long-pending rulemaking proceeding, and implying that the evaluation of these licensees might have been at least somewhat different had these proposed standards been in place.

Posted By David Oxenford In Digital Radio , Digital Television , 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

Two long awaited broadcast items seem to be missing in action at the FCC. Both the final rules on digital radio ("HD radio") and the Commission’s Notice of Proposed rulemaking on using FM translators to fill in gaps of the signals of AM stations, while expected quite a while ago, have still not been released by the FCC. The digital radio item, adopting rules on digital radio, eliminating the need to file for experimental authority for multi-channel FM operations and allowing AM stations to operate digitally at night, was adopted by the FCC at its meeting in March, yet the final text of the decision still hasn’t been released.  As the text has not been released, the effective date of the new rules has not been set.  Those AM stations ready to kick on their nighttime digital operations continue to wait.

As we explained in our previous posting on this matter, here, the digital radio order also contains a Further Notice of Proposed Rulemaking, addressing issues such as the public interest obligations of broadcasters on their multicast digital channels. That was one of the items that was supposedly delayed the action that finally occurred at the March meeting, and perhaps it is delaying the release of the text of the order in this proceeding

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

In a recent press release, Clear Channel Communications announced an agreement with mSpot Radio to provide the programming of over 100 Clear Channel radio stations to mobile phone users.  Interestingly, this announcement comes in he thick of the battle over the new royalty rates for the streaming of music on the Internet.  In recent pleadings seeking rehearing of  the decision of the Copyright Royalty Board setting those rates, SoundExchange (the collective that collects the royalties on behalf of Copyright owners and musicians) raised only one issue.  The sole issue on which SoundExchange requested clarification was whether the royalties that were recently adopted would apply to mobile phone transmissions of programming containing music. 

A brave move in light of the current royalty decision - one perhaps reflecting the desire to have radio programming everywhere a listener wants it, or one that foresees revenues from the wireless phone companies compensating the parties for the costs involved.  It will be interesting to see how this roll out of radio stations on mobile phones progresses.

Posted By David Oxenford In Digital Radio , Internet Radio , On Line Media | Permalink | 0 Comments | Email entry

The Commission today adopted a Second Report and Order and Further Notice of Proposed Rule Making regarding Digital Audio Radio or HD Radio.  While the text of the Order has not yet been released, the following details were announced at the Commission’s meeting.  A copy of the News Release issued today is available here.  The Commission stated that its Order is aimed at promoting the ultimate transition of terrestrial radio broadcasting to all-digital, however, it has not imposed a mandatory transition to digital-only operations at this time. 

Importantly, the Order streamlines the process for commencing digital operations and permits the following:

• FM stations may commence digital operations without prior authority from the FCC and may use separate antennas for the digital and analog signals without the need for an STA.
• Stations may operate in extended digital hybrid mode, permitting additional capacity.
• AM stations may operate during nighttime hours.
• FM translators, boosters, and LPFM stations may operate digitally.

With regard to policy issues, the Commission adopted rules for digital radio that are similar to those that exist today for digital television. Specifically:

• Stations that chose to broadcast in digital must provide a free digital stream that simulcasts the programming of the analog channel.
• Stations have the flexibility to provide multiple programming streams, provide data services, or provide the highest quality audio service.
• Stations may lease the unused portion of their radio spectrum to third parties.
• The existing rules, such as EAS, political, sponsorship ID, and station identification, are extended to all the free streams of programming provided by a station.

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

In July, we wrote about that the FCC was about to adopt final rules for over-the-air digital radio.  But these expected final rules were pulled off the agenda of the FCC July meeting, and they remained in limbo for the last six months.  Finally, today, the FCC announced that it will consider these final rules at its open meeting next week.  The rules have reportedly been held up while considering requests by the Democratic Commissioners that specific public interest obligations be attached to any multi-cast digital streams that a broadcaster may offer.

But the rules will also consider interference issues, and may finally authorize AM digital operations at night.  The rules should also give permanent authority to all digital radio operations which have, up to this time, been conducted under experimental or temporary authority.  It will be interesting to see if the Commission will in fact finally reach a resolution of these issues at its March 22 meeting, and how they will resolve the question of the public interest obligations of digital broadcasters - probably through the Further Notice of Proposed Rulemaking that is also on the agenda for next week's meeting.

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

At the NAB Broadcast Leadership Conference in Washington today, Congressman Ed Markey, Chairman of the House of Representatives Telecommunications and Internet Subcommittee of the Energy and Commerce Committee, announced that the subcommittee would hold hearings on the state of radio.  These hearings would examine not only over-the-air radio, but also Internet radio, HD radio, satellite radio and other related businesses.  This comprehensive review seems to be different from the previously announced hearing by the new Congressional task force on antitrust issues which had announced plans to review the proposed XM-Sirius merger.

While Congressional hearings often lead to nothing other than an airing of the issues and information for future legislative efforts, they do indicate areas of interest that could eventually mature into Congressional legislative proposals.  A comprehensive hearing on radio issues could end up providing Congress with the information that could send it in several directions - perhaps weighing in on multiple ownership issues or on the digital radio transition, and could even prompt Congress to review any action taken on Internet radio royalties.  As we've written before, the Copyright Royalty Board is expected to release its ruling on the royalties for 2006-2010 in the next week.  The direction of this Congressional hearing, when it occurs, will be worth watching.

Posted By David Oxenford In Digital Radio , Internet Radio , Multiple Ownership Rules | Permalink | 0 Comments | Email entry

By now, everyone knows that XM and Sirius have announced plans to merge into a single nationwide satellite radio service provider.  This plan is, of course, subject to approval of the FCC.  The NAB has announced plans to oppose the merger, and Congress today scheduled hearings on the matter, to be held next week.  The obvious issues to be considered by the Department of Justice and the FCC will be whether the merger will be anti-competitive and whether it will serve the public interest.  But there are numerous other legal issues, possibly affecting other FCC proceedings, that may well come out of the consideration of this merger.

For instance, the merger raises the question of whether satellite radio is a unique market that should not be allowed to consolidate into a monopoly, or whether there is a broader "market" for audio programming encompassing not only satellite radio, but also traditional over-the-air radio, iPods, Internet radio, and other forms of audio entertainment.  While the opponents of the merger may argue that satellite radio is a unique market, such a finding may affect the broadcast multiple ownership proceeding, where some broadcasters are advancing arguments similar to the satellite companies in hopes that the FCC will loosen multiple ownership restrictions. 

Another issue that seemingly will be raised by the merger is how important a la carte programming is to FCC Chairman Martin.  The Chairman has been pushing both satellite and cable television companies to allow consumers to purchase only the channels that they want rather than whole packages of channels.  He has argued that consumers could save money by buying only the channels that they want, and consumers could also avoid programing that they don't want (like adult oriented content).  Service providers have countered that forcing the unbundling of program tiers will make it economically unfeasible to offer many of the more niche program channels.  Published reports indicate that part of the merger proposal to be advanced by the satellite companies may include a proposal for a la carte pricing.  Thus, this case may show how important the Chairman really believes such offerings are - and whether that offering may help tilt the public interest considerations in the proceeding.

Posted By David Oxenford In Cable Carriage , Digital Radio , Internet Radio , Multiple Ownership Rules , Programming Regulations | Permalink | 0 Comments | Email entry

I've just returned from this year's Radio Advertising Bureau convention in Dallas.  In reflecting on the convention, and in discussing it with many who were in attendance, the consensus was that this was not your Father's RAB convention.  I was surprised by how little discussion there was of traditional radio at the conference.  The sessions weren't the typical ones about how to make the most money from selling your cluster of radio stations in combination, or how to compete against the newspaper or the Yellow Pages, or how to get the most out of your sales staff.  Instead, virtually every session talked about leveraging your digital assets.  There were discussions of using your website, streaming, podcasts, text messaging, and  audio on cell phones to increase the financial performance of broadcast stations.  There were discussions of HD Radio and some of the opportunities that service might offer if and when it starts getting consumer acceptance.  All in all, it seemed as if radio (or at least those planning the convention sessions) had received the message that the industry needs to take advantage of its ability to drive traffic to new technologies, and drive that traffic to new media sources that stations themselves create. 

In the past, there seemed to be a fear about discussing these new technologies.  It was almost as if the technologies weren't discussed, they'd go away.  But at the RAB, and at many of the conventions of the state broadcast associations that I have attended over the last year, broadcasters seemed to have decided that they need to embrace the new media.  While the old fear had been that these new media sources would cannibalize the current broadcast audience, everyone seems to now recognize that the audience is going to use these technologies no matter what - so the broadcaster might as well be the one cannibalizing its own audience.

While legal and regulatory issues do not tend to be the primary topic of discussion at the RAB Conference, as in almost any broadcast discussion, they do come up.  Here too, the discussion was digital.  For instance, in the speech by NAB President David Rehr outlining the priorities of the NAB for the year, only the effort to authorize FM translators for AM stations (which we wrote about here), was not a "digital" topic.  The other issues discussed by Mr. Rehr included pushing the FCC for final rules for digital radio, monitoring the actions of satellite radio companies XM and Sirius, and finally, the issues that arise out of the Perform Act.  The Perform Act is a copyright bill introduced in the Senate last month that would affect digital royalties for music used on the Internet, place restrictions on services promoting the promotion and sale by digital music providers of devices that disaggregate songs contained in a digital stream, and require copy protection technologies to be employed by digital music providers.  Hardly the exciting stuff that makes for an applause line in a convention speech.  While we will write more about the Perform Act in a separate posting, the major concern for broadcasters is that the sponsor, California Senator Diane Feinstein, suggested in her remarks that the performance royalty on sound recordings which now applies to satellite radio and webcasting (which we have written about many times including here), should also apply to broadcast radio.  And that is a big enough issue - one that could hit broadcasters directly in the pocketbook - that it demands the industry's attention in every forum. 

Posted By David Oxenford In Advertising Issues , Digital Radio , Intellectual Property , Internet Radio , Internet Video , On Line Media | Permalink | 1 Comments | Email entry

Two recent decisions show a stark divide in the approach of the Democratic and Republican FCC Commissioners which may indicate the difficulty of reaching consensus on any of the pressing issues which will be facing the FCC in this new year.  The FCC decision on the AT&T acquisition of BellSouth, approved by FCC action on Friday, was a result of AT&T throwing in the towel, surrendering to the demands of the two Democratic Commissioners who were seeking greater consumer protections before voting to approve the acquisition.  In that case, as one of the Republican Commissioners had removed himself from consideration of the matter due to a conflict from a previous job, the Democrats had an effective veto over any FCC decision. 

In the decision reached right before Christmas, requiring local municipalities to act quickly on new video franchise applications and restricting the conditions that could be put on such approvals, the Commissioners again split on party lines.  The three Republicans argued that the restrictions were necessary to encourage the entry of new competition in the multi-channel video world, resulting in the potential of lower prices to consumers.  Democrats, on the other hand, contended that the rules were beyond the FCC's power.  Beyond what some might see as the role reversal represented by the votes (the Republicans looking out for consumer interests while the Democrats were protecting states rights, with Commissioner Adelstein even quoting Ronald Reagan in his dissent), one wonders why these positions broke down on party line.  If the proposal really did exceed the Commission's power, shouldn't Republicans and Democrats alike refrain from acting?  And if the result of this action was really a benefit to consumers, shouldn't Commissioners of both parties have looked for ways that the rules could be adopted within legal bounds?

The seeming inability of the Commissioners to reach consensus on most big issues does not bode well for prompt action on some of the major broadcast issues facing the FCC.  We've already seen a decision on adopting final standards on digital radio (including authorizing nighttime digital operations for AM stations) postponed for over 6 months, reportedly based on arguments over the public service obligations of multicast channels.  And how will the contentious multiple ownership debate be resolved?  And what will happen should one of the Republican Commissioners leave the Commission during the course of the year?  It certainly will be interesting to see these issues play out during the course of this new year.

Posted By David Oxenford In Cable Carriage , Digital Radio , General FCC , Multiple Ownership Rules | Permalink | 0 Comments | Email entry

As 2006 hurtles to a close and 2007 looms on the horizon, two quick reminders about a couple of upcoming effective dates.

First and foremost, as of December 31, 2006, the Commission's Emergency Alert System ("EAS") rules will be extended to digital services.  Specifically, as of December 31st, digital television, digital cable, digital radio (including LPFMs), and satellite digital radio, will be required to comply with Part 11 of the Commission's Rules, which require participation in all national EAS activation, and periodic testing of EAS equipment.  More information regarding the EAS rules for digital services can be found in our earlier blog of November 21, below.   

Second, the changes to the FCC's Children's Programming Rules, including the rules governing DTV multi-casting, become effective January 2, 2007.  These new rules are summarized in our earlier entry of October 24, below, and in our recent Bulletin.  Most notably, the rules affirmed the requirement that DTV stations broadcasting multiple streams of programming must increase the amount of kid vid programming in proportion to the amount of additional free video provided.  Accordingly, DTV stations that are multi-casting programming on multiple streams should ensure that they have enough children's programming lined up by January 2nd to meet the new requirements.

Posted By Brendan Holland In Children's Programming and Advertising , Digital Radio , Digital Television , Emergency Communications , General FCC | Permalink | 0 Comments | Email entry

Just a reminder that as of December 31, 2006, the Commission's EAS rules will be extended to most digital services.  Specifically, as of December 31st, digital television, digital cable, digital radio (including LPFMs), and satellite digital radio, will be required to comply with Part 11 of the Commission's Rules, which require participation in all national EAS activation.  Furthermore, like their analog brethren, digital services will be required to conduct monthly and weekly tests of the EAS procedures consistent with the Commission's Rules. 

Digital television and digital radio airing multiple streams of programming are required to make EAS messages available to viewers and listeners on all program streams, including both free and subscription based channels.  Stations airing multiple programming streams have a bit of flexibility to determine how the message will be provided over the multiple streams.  For example, DTV stations and HD Radio stations can either transmit the emergency signal separately over each stream, or carry the message on one stream and force tune the other streams to that main channel. 

Participation in state and local Emergency Alert Systems by digital television and digital radio remains voluntary, but if stations elect to participate in such activations, they must comply with the Part 11 EAS rules.  Also, it is noted that  Direct Broadcast Satellite television has been given slightly longer to comply with the EAS rules, and must comply with these rules by May 31, 2007. 

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

As we reported on July 7 and 17, the FCC had intended to issue final rules on Ibiquity digital radio standard in July, but suddenly pulled the item off their agenda.  Currently, all broadcast stations operating in a digital mode are doing so on temporary authorizations pursuant to interim rules, and multicast operations are conducted pursuant to experimental authorizations. 

Rumors at the time, reported in our blog entries, attributed the delay to attempts to work out issues over the public interest obligations of broadcasters on their multicast channels.  Today, at the annual convention of the Maine Association of Broadcasters, an FCC representative, while not confirming that this was the basis of the delay, did say that there were requests by public interest groups for some quantification of the public interest obligations for these multicast channels, and also said that there was a pending proposal that leasing a digital subchannel to a community organization could be one way of meeting such obligations.

In thinking about this issue, it seems to me that the imposition of strict public interest obligations on these multicast channels may well impede their development.  These channels may be used in ways that are far different than traditional broadcast stations.  For instance, a station could use some of its multicast spectrum for an "all traffic and weather channel" (like that offered by satellite radio), or an all local sports channel.  Uses like these may develop as a way to give local audiences programming that they may want on demand, as a way to compete with satellite or on-line offerings.  If there are strict public interest obligations, requiring specified amounts of news or public affairs programs, the development of these innovative uses of the broadcast spectrum might be delayed.  The FCC should tread carefully, as they don't want to stifle the development of digital radio - or over-the-air radio's ability to compete with new technologies. 

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

The Corporation for Public Broadcasting announced recently that it has provided $7.74 million in grants to assist 85 public radio stations in their transition to digital operations.  This announcement is interesting, coming as it does only a week after Communications Daily reported on August 16 that CPB engineers were finding that HD Radio was providing the coverage that was initially expected.  The press report indicated that CPB was discovering that HD Radio was providing coverage to only about 60% of a typical FM station's analog service area, and that it was causing more interference issues than had been expected.  CPB was planning additional studies to look into these issues.

In discussing HD Radio implementation issues with broadcasters over the last few months, I've heard similar reports about coverage.  I've also heard troubling reports of interference to adjacent channel FM stations from HD operations - especially from multicast operations.  The interference is usually caused to weaker FM stations.  These were stations had listenable signals in a market that were no longer listenable in some areas after a station on an adjacent channel began digital operations (and it has not just been on first adjacent channels).  While these problems can apparently be addressed by the use of filters by the digital station, the levels of interference are often below the FCC prohibited levels of out-of-band emissions, so cases have arisen where there have been disputes about the resolution of these problems.  Of course, as the stations experiencing the interference had weak signals to begin with, the problem could be caused by issues other than the new digital operations.  It will be interesting to see if CPB confirms that these alleged cases of digital interference were in fact caused by the new digital radio operations.  And it will also be interesting to see if the FCC's digital radio order, when it is finally released (see our July 17 posting on the expected release of the FCC order on "final" digital radio rules), provides any process for addressing any such complaints of interference.

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

On Thursday, July 13, the FCC was supposed to consider the formal rules for digital radio.  As I wrote on July 7, AM and FM stations operating digitally are currently doing so under temporary rules.  The Commission was supposed to resolve the many issues surrounding digital radio at this meeting.

The meeting was to begin at 9:30, but the appointed hour came and went with no meeting. Eventually, it was announced that the meeting would be moved to 11 AM and then, just before 11, the FCC announced that they had pulled the digital radio item from the agenda.

It has been widely reported that the item would be considered "on circulation," meaning that the Commissioners would simply review the item in their own offices and cast their vote on paper.  When they all had voted, the item would be released.  There would be no need for another meeting.  The rumor was that the order would be out quickly, perhaps even by the end of last week, but we still have not seen it.

So keep your eyes on the trade press to see what the FCC will decide.  But don't hold your breath, as we're still waiting for the text of the FCC's multiple ownership rulemaking - a rulemaking supposedly adopted at the Commission meeting on June 21.

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

The FCC yesterday announced that it will consider Digital Audio Broadcasting at its meeting on July 13.  While many radio stations are already operating with Ibiquity's In-Band On-Channel operating system, that operation has been under interim rules adopted by the FCC while the Commission continued to consider the permanent rules for the service.  All multicast operations by FM stations have been under "experimental authorizations." 

There remain a number of substantial issues to be considered by the Commission.  Perhaps the most substantial is whether or not to authorize AM nightime digital operations.  Also, there are a number of issues related to other interference issues, as well as the request of the recording industry that the system include an "audio flag" to allow for the adoption of technologies that would prevent copying of music off of the over-the-air digital streams.

Washington rumors have indicated that the Commission's consideration of the rules has been delayed by debates over whether to adopt standards for the public interest obligations of radio broadcasters on their second and third multicast channels.  According to these rumors, the Democratic Commissioners have wanted public interest obligations to be in place before the multicast service was authorized on a permanent basis, while the Republicans had preferred to consider those issues on a seperate track.  Perhaps, with the third Republican commissioner now in place, any impasse which may have existed can now be resolved.

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