The FCC has announced that there will be a freeze on the filing of all FM minor change applications during the filing window for the initial applications (on Form 175 ) for Auction 70.   We gave more details on the upcoming auction in a posting last week.  The filing window, for an auction of 121 new FM channels, will open on December 6, 2006 and close on December 19, 2006. In addition to the freeze on all FM minor change applications during the filing window, a freeze on any proposal to amend the FM Table of Allotments for any of the 121 channels goes into effect immediately, and will last through the Auction 70 filing window.

The freeze will allow Auction 70 applicants to select transmitter sites without fear of the allowable area for their transmitter site changing beneath them as they plan their filings.  Auction applicants can, but don’t need to, specify in their Form 175 applications a particular site that they will use if they are the successful bidder in the auction.  This allows auction applicants to protect preferred sites as, following the close of the Form 175 application filing window, the Media Bureau will not accept any applications or counterproposals which do not fully protect preferred site coordinates specified in Auction No. 70 Form 175 applications.

A copy of the Commission’s Public Notice on the freeze can be found here.

On Friday, just as parties are getting ready to submit applications due this week for an FM auction for "leftover" channels, the FCC announced the dates and procedures for its next FM auction.  The next auction will feature the 121 new FM channels listed in an appendix to the Public Notice.  The Public Notice sets out the rules and procedures that will govern the auction.  The auction itself will begin on March 7, 2007, with short-form applications (expressing an intent to bid on some or all of the channels) due between December 6 and December 19.

Other auction deadlines include the requirement for posting Upfront Payments necessary to compete in the auction on February 5, 2007.  An Auction Seminar will be conducted on December 6 in Washington to go over all the auction processes and procedures, and a Mock Auction, to allow applicants to practice with the electronic bidding system, will be held on March 5. 

So check the list to see if there might be a channel in which you might be interested.

 

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. 

In Today’s New York Times, a columnist concludes that the FCC’s multiple ownership proceeding is "yesterday’s news."  Looking at the Tribune Company’s recent financial issues and possible sale, the column asks whether anyone should really care about ownership issues in the light of the rapid changes in the media landscape brought about by the digital revolution.  Whether or not anyone cares, the changes in media competition, and potentially in the political landscape after next week’s election, may well mean that there will be no significant ownership reform for quite some time, perhaps not until 2009 – after the next Presidential election.

The Times column talks about Tribune’s discussions of selling off its television stations as part of a financial restructuring.  (The article does not mention that the New York Times itself is considering the sale of its television stations).  Tribune has certainly been one of the parties pushing newspaper-television cross-ownership relief.  As they look at restructuring, will they pay attention to the FCC’s proceedings?  And Clear Channel was one of the parties in the forefront of attempts to further loosen radio ownership restrictions.  They, too, are reportedly considering a financial restructuring or sale.  Will these actions distract two of the most active proponents of relaxing the ownership rules?

In the comments in this proceeding filed last week, ABC Disney essentially took itself out of the proceeding saying that they did not advocate changes in the ownership rules, as they are selling their primary radio assets, are out of newspapers, and are investing in new technologies to get their message out.  With the opportunities of the Internet distribution of video and audio programming, are there other broadcasters, anxious to own more traditional media, who will take the lead in this proceeding?  With over-the-air digital radio and digital television both offering multicast opportunities, do these technologies themselves take some of the urgency out of ownership relief? 

Continue Reading Multiple Ownership – Still Relevant?

Entering the last full week before the mid-term elections, broadcasters need to beware of the political broadcasting issues that can arise in the tail end of the campaign season.  With the media expecting political ads to get even dirtier in these final days (see, for instance, the Washington Post’s article yesterday – The Year of Playing Dirtier), potential liability looms for broadcasters if they run unfounded third-party attack ads (see our October 18 posting on Dealing With Issue Ads).  But there are other issues of concern.

In this hot political season, in states with closely contested races, equal opportunities requirements can cause advertising inventory concerns during these last days.  When writing new orders for candidate advertising time in these last days, be sure to factor in buys by political opponents who will be entitled to demand equal opportunities – to be provided before the election.  Remember that reasonable access does not demand unlimited access, only what is reasonable under the circumstances.  In determining what is reasonable, a station can look at inventory concerns, as well as the potential for equal opportunities demands from other candidates.  So remember to save room for those equal opportunities requests.

Continue Reading Last Minute Political Issues for the Campaign’s Closing Days

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).

Continue Reading FCC to Consider FM Allotment Changes