The audio from analog channel 6 TV stations can be heard on the FM dial at 87.7 – which is below the lowest official point on the standard FM band in the US (which ends at 88.1) but is nevertheless tunable on most FM radios. Over the last decade, many LPTV stations on channel 6, in markets where they had no other viable business model, turned to providing FM service through these stations. The FCC has for years inquired if these operations, often referred to as Franken FMs, should be permitted (see our articles here and here) but has never moved to stop it. Now, with the 2021 deadline for the conversion of LPTV stations to digital operation, LPTV operators have asked the FCC to bless the post-conversion operation of an analog audio signal embedded in the digital Channel 6 LPTV station transmissions so that these FM broadcast can continue, following up on a proceeding begun in 2014 (see our article here). This week, the FCC issued a Public Notice asking for additional comments as to whether these Franken FM operations should be allowed to continue, and if so what rules should govern them.

The release of this Public Notice came as somewhat of a surprise, as a similar question had recently been asked in an FCC proceeding looking primarily at LPFM rule changes, but also addressing issues about the relation of TV channel 6 to FM broadcasters (see our article here on that proceeding). In this week’s Public Notice, the FCC suggests that the LPFM proceeding is asking only whether the elimination of protections between channel 6 TV stations and noncommercial radio stations in the reserved band, as proposed in that proceeding, is compatible with the continued operation of these Franken FMs after the digital conversion deadline. It is the proceeding in which these additional comments are now being requested that will address how these stations will be regulated on a permanent basis in the future. To determine that future, this week’s Public Notice poses many specific questions about the continued operation of these Franken FMs.
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At its October open meeting, the FCC adopted a Notice of Proposed Rulemaking looking to abolish its rule that bars a broadcast licensee from prohibiting a competitor from using a “unique” transmitter site that it controls. The rule was adopted decades ago and never used. It provides that a license renewal would not be granted

November is not one of those months with due dates for renewal filings, EEO public file reports or quarterly issues programs reports. Some of those obligations wait until December, when renewal filings for radio stations in Georgia and Alabama are due by December 2 (as December 1 falls on a weekend). Due for uploading on or before December 1 are EEO public file reports for station employment units with 5 or more full-time employees for radio or television stations in Alabama, Colorado, Connecticut, Georgia, Maine, Massachusetts, Minnesota, Montana, New Hampshire, North Dakota, Rhode Island, South Dakota, and Vermont.

November 1 does signal the first day on which radio and TV stations can file their Biennial Ownership Reports. As we wrote here, the FCC has extended the deadline date for those filings until January 31, 2020 as the FCC is making refinements in its forms in the LMS filing system. Reports are to reflect the licensee’s ownership as of October 1, 2019 so stations have the information that they need and can start filing their reports later this week.
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It has been many years since the FCC conducted an auction of new FM channels, principally due to its preoccupation with the TV incentive auction. But that is about to change as the FCC announced yesterday that it is planning a new FM auction starting on April 28, 2020, and issued a request for comment on the procedures to be used for the auction. The FCC is taking comment on the proposed auction procedures through November 6, with reply comments due by November 20. 130 vacant channels will be available for bid. The list of vacant channels is available here. Channels will be available across the country, with Texas and Wyoming having the most vacant channels in this auction list.

Working backward from the anticipated April 28 start date and using prior auctions as a guide, initial filings for the channels would likely be due early in the new year. “Upfront” payments equal to or greater than the minimum payments for the channels that an applicant ultimately wins in the auction will probably be due a month or so before the start of the auction. To protect the allotments during an auction, the FCC typically imposes a freeze on the filing of FM modification applications. So be on the alert for an announcement of such a freeze. (Addendum, 10/14/2019 – the Freeze was imposed on Friday – see our post here for details).
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Yesterday, the FCC extended the deadline for LPTV stations and TV translators to file for reimbursement for their expenses incurred in changing channels because of the repacking of the TV band following the TV incentive auction.  These stations were given an extra month until November 14 to file these requests.  See our articles here and

October is one of the busiest months on the broadcaster’s regulatory calendar. On October 1, EEO Public Inspection file reports are due in the online public file of stations that are part of an Employment Unit with 5 or more full-time employees in Alaska, Florida, Hawaii, Iowa, Missouri, Oregon, Washington, American Samoa, Guam, the Mariana Islands, Puerto Rico, Saipan, and the Virgin Islands. An employment unit is one or more commonly controlled stations in the same geographic area that share at least one employee.

October 1 is also the deadline for license renewal filings by radio stations (including FM translators and LPFM stations) in Florida, Puerto Rico and the Virgin Islands. On the 1st and 16th of the month, stations in those states, and in North and South Carolina, need to run post-filing announcements on the air informing listeners about the filing of their license renewal applications. Pre-filing announcements about the upcoming filing of license renewal applications by radio stations in Alabama and Georgia also are to run on the 1st and 16th. See our post here on the FCC’s reminder about the pre- and post-filing announcements.
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Yesterday, a panel of judges from the US Court of Appeals for the Third Circuit decided by a 2 to 1 vote to overturn the FCC’s 2017 decision that made significant changes to its ownership rules (see the decision here).  The Court sent the case back to the FCC for further consideration.  The 2017 decision (see our article here) was the one which ended the ban on the cross ownership of broadcast stations and daily newspapers in the same market and the limits on radio-television cross-ownership.  The 2017 decision also allowed television broadcasters to own two TV stations in markets with fewer than 8 independent owners and made other changes to the radio and TV ownership rules.  Yesterday’s decision also put on hold the FCC’s incubator program meant to assist new owners to acquire radio stations (see our summary of the incubator program here).  All of this was done without any analysis whatsoever as to whether marketplace changes justified the changes to the ownership rules or of the impact that the undoing these rule changes would have on broadcasters and other media companies – including on radio companies hoping for changes in the radio ownership rules in current proceeding to review those rules (see our articles here and here).

What led the Court to overturn the decision if it was not the Court’s disagreement with the FCC’s determination that change in the ownership rules was needed?  This Court, in fact these same three judges, has overturned the FCC three times in the last 15 years, stymieing ownership changes because the Court concluded that the FCC had not sufficiently taken into account the impact that rule changes would have on diversity in the ranks of broadcast owners.  Here, again, the Court determined that the FCC did not have sufficient information on the impact of the rule changes on ownership diversity to conclude that the rule changes were in the public interest – and thus sent the case back to the FCC to obtain that information before making any ownership rule changes.  What led the Court to that conclusion, and what can be done about this decision?
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The FCC’s Notice of Proposed Rulemaking on LPFM and Channel 6 TV issues, which we wrote about here, was published in the Federal Register today. This sets the deadline for comments in this proceeding as October 21, 2019, with reply comments due by November 4. This proceeding looks at issues

The FCC yesterday announced that the due dates for Biennial Ownership Reports, which had been December 1 of this year, will now be January 31, 2020. The Order announcing that action is available here.  The FCC notice says that this additional time is needed to make updates to the ownership forms in