Low Power Television/Class A TV

While many of us were trying to enjoy the holidays, the world of regulation kept right on moving, seemingly never taking time off.  So we thought that we ought to highlight some of the actions taken by the FCC in the last couple weeks and to also remind you of some of the upcoming January regulatory deadlines.

Before Christmas, we highlighted some of the regulatory dates for January – including the Quarterly Issues Programs Lists due to be placed in the online public file of all full-power stations by January 10.  Also on the list of dates in our post on January deadlines are the minimum SoundExchange fees due in January for most radio stations and other webcasters streaming programming on the Internet.  January also brings the deadline for Biennial Ownership Reports (postponed from their normal November 1 filing deadline).

In that summary of January regulatory dates, we had mentioned that the initial filing of the new Annual Children’s Television Programming Report would be due this month.  But, over the holiday week, the FCC extended that filing deadline for that report until March 30 to give broadcasters time to familiarize themselves with the new forms.  The FCC will be doing a webinar on the new form on January 23.  In addition, the FCC announced that many of the other changes in the children’s television rules that were awaiting review under the Paperwork Reduction Act had been approved and are now effective.  See our article here for more details.
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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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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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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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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

Last week, we wrote about the FCC’s announcements of the opening of the filing period for LPTV, TV translator and FM stations that are seeking reimbursement for the costs they incurred because of the repacking of TV channels into a smaller part of the spectrum following the incentive auction. The FCC forms that need

As we noted in our post yesterday, the OMB recently approved the FCC’s forms to allow for reimbursement of the expenses of LPTV and TV translator stations and FM stations (full power and low power) and FM translators caused by the repacking of the TV spectrum following the incentive auction.  This approval sets

Months ago, the FCC approved reimbursing TV translators, LPTV stations, FM stations, and FM translators that incurred costs as a result of the repacking of TV stations into less spectrum following the TV incentive auction (see our post here).  Congress last year allocated the FCC money so that LPTV stations and TV translators forced

Last week, the FCC started a new proceeding through the adoption of a Notice of Proposed Rulemaking to review several restrictions that currently apply to Low Power FM stations.  While doing so, it will also review the current rules, dating from the analog television days, restricting certain FM operations in the non-commercial reserved band of the FM dial where those operations are near Channel 6 TV stations.  Comments will be due on this proposal 30 days after it is published in the Federal Register, with Replies due 15 days later.

The LPFM proposals look at a number of issues.  The Commission asks if LPFM stations should be allowed to operate with directional antennas, which are currently routinely barred given that these antennas may be more difficult to operate and maintain.  When the rules were originally adopted, there was a fear that LPFM licensees, who may not have a technical background or substantial resources for engineering support, could not maintain those antennas so as to protect other FM stations operating on the same and adjacent channels.  Similar concerns currently limit LPFM stations from using on-channel boosters to fill in holes in their service area.  The FCC asks if these prohibitions can be lifted as the LPFM industry has become more mature, allowing LPFMs to use both directional antennas and on-channel boosters without risking increased interference to other stations.
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