applying for new FM station

Here are some of the regulatory developments of the last week of significance to broadcasters, with links to where you can go to find more information as to how these actions may affect your operations.

  • The FCC has started planning for its next AM/FM radio auction (Auction 109) scheduled to begin on July 27.  Four

The FCC yesterday announced plans to hold an auction to award construction permits allowing the winners to build new radio stations. The auction notice includes 136 FM channels and, in a new wrinkle, 4 AM opportunities, for which bids will be able to be placed once the auction commences.  The list of channels to be auctioned is here – with many channels being in the state of Texas, with an assortment of others around the country. These channels are mostly those that had been included in an auction scheduled for last July which was cancelled because of COVID-19 (see our articles here and here).  In addition, a few newly available FM channels have been added to the list, as well as 4 AMs in the St. Louis area that are available because a licensee surrendered those licenses after a license renewal challenge.

The notice released yesterday asks for comments on the auction procedures to be used in awarding these channels, proposing procedures that are generally familiar to those who have participated in FM auctions in the past.  The auction is tentatively scheduled to begin on July 27. Working backward, that would mean that the initial “short-form” applications required for parties who want to participate in the auction would likely be due sometime in May.  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 in June. 
Continue Reading Want a New Radio Station? FCC Proposes Procedures for a July 2021 Auction, Lists Channels to be Sold, and Imposes a Freeze on Certain Applications

On Friday, the FCC released a Public Notice setting out the rules for the auction for new FM channels, which will being in April. We wrote about that auction when it was first announced here. The Public Notice sets out the bidding process for the auction, and the dates for pre-auction filing deadlines necessary to participate in the auction. The notice also rejects several petitions asking that additional channels be added to the auction and one request for a deletion from the auction list. Thus, the channels to be sold in the auction remain the same as originally proposed. A list of the 130 available FM construction permits, with the minimum bid necessary for each of these channels, is available here.

The Public Notice sets out the following pre-auction dates and deadlines that those planning to participate in the auction must observe. These dates are as follows:

  • Auction Tutorial Available (via Internet) by January 22, 2020
  • Short-Form Application (FCC Form 175) Filing Window Opens January 29, 2020, 12:00 noon Eastern Time (ET)
  • Short-Form Application (FCC Form 175) Filing Window Deadline February 11, 2020, 6:00 p.m. ET
  • Upfront Payments (via wire transfer) March 20, 2020, 6:00 p.m. ET
  • Mock Auction April 24, 2020
  • Auction Bidding Begins April 28, 2020

The “short-form” is an application that anyone wishing to participate in the auction must file. This short-form application sets out the channels in which the applicant is interested and some basic information about the applicant. Specific site locations that an applicant wants to protect can also be listed in the short form. Upfront payments are required monetary deposits that must be made by auction participants in amounts sufficient to cover the minimum fees for the channels on which the applicant is interested in bidding. More details on the information required in the forms, and the mechanics of the auction, are set out in the Public Notice which should be carefully reviewed by parties interested in any of these construction permits authorizing the new stations. 
Continue Reading FCC Announces Deadlines for the Next Auction for New FM Channels – And a Filing Freeze

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).
Continue Reading FCC Plans Auction in April for the Rights to Build New FM Stations

As we wrote here, the FCC recently adopted a Notice of Proposed Rulemaking to consider changes to its rules dealing with applications for new noncommercial educational stations and LPFM stations. The FCC plans to publish that Notice of Proposed Rulemaking in the Federal Register tomorrow, making comments due May 20, 2019,

It has been over two years since the last window allowing applicants to file for new FM stations (see our article here). There had been some speculation that the number of requests for new allotments was decreasing, leaving the FCC with few FM channels to auction off and thereby breaking what had been an almost yearly start of a new FCC auction for new FM channels. But, yesterday, the FCC released an Order noting numerous vacant FM channels, though this time they are not newly allotted channels, but instead ones that had previously been awarded to applicants who either did not pay the amount they bid in the auction, or who received a CP and then did not construct the station. Even included on this list is the FM channel of the station that had its license designated for hearing as the station had been silent for almost its entire renewal term (see our article here), a hearing that never had to happen as the licensee surrendered its license rather than trying to litigate over whether its renewal should be granted.

Of course, many of these channels may have some inherent issues leading those who initially sought them not to construct. The issues could be location specific (e.g. no readily available transmitter sites for a price that made construction feasible) or there could be issues with the applicant not being able to fulfill its initial plans. Interested parties should do their investigation. When will the channels be available?
Continue Reading Looking for a New FM? – FCC Releases a Potential “Shopping List” of Channels that Will Be Available in a Future Auction

May is one of those months where there are no routine, recurring FCC regulatory filing deadlines – no EEO reports or Quarterly Issues Programs lists, no Children’s Television Programming Reports or noncommercial station ownership report deadlines. But, as with any month, that does not mean that there are no dates of concern for broadcasters – as there are certain compliance deadlines and other important dates of which broadcasters need to be aware in the upcoming month. Here is our summary of some of the dates that broadcasters should be watching in the upcoming month.

The only thing approaching a routine regulatory date of note is the obligation of TV stations in Delaware and Pennsylvania to air the third and fourth of their required six post-filing announcements of the filing of their renewal applications – the last of the renewal applications for either radio or TV that were filed in this renewal cycle. The next routine license renewal filing window will be when radio renewals being again in June of 2019 – with the filing of radio license renewals by stations in Maryland, Virginia, West Virginia and DC. However, as we have written before, EEO Mid-Term reports are due from larger radio station groups in these 3 states and in DC on June 1 of this year. So radio station employment units (commonly controlled station groups serving the same area and having at least one common employee) with 11 or more full-time (30 hours per week) employees should be preparing to file those reports on FCC Form 397 by June 1.
Continue Reading May Regulatory Dates for Broadcasters – Including EEO Mid-Term Reports, FM Auction, Emergency Communications Compliance, TV Market Modification Comments, Class A TV Digital Conversion Deadline and More

The FCC has finalized the rules for its auction for about 130 new FM channels to be auctioned in July. The Order setting the rules for the auction is available here, and the list of channels to be sold, and the opening minimum bid for each such channel, is available here. The minimum bids also constitute the “upfront payments” which must be made before the auction in order to be able to bid on the channels in which you may be interested. We wrote about these channels here, when the FCC first proposed the auction. As can be seen by reviewing the list, while there are channels across the country, the greatest number of available channels, by far, is in Texas. As we noted when we first wrote about this auction, many of the channels cover small communities in rural areas, and some are leftovers that went unsold in previous auctions. But in every auction there are a few channels that may prove to have some value, so we expect that there will again be interest in many of those on the list. Such interest must be expressed through the filing of “short-form” Form 175 applications by May 28. The actual auction will begin on July 23.

The FCC also announced a freeze on the filing of FM construction permit applications for changes in existing stations from May 18 through May 28 to stabilize the FCC’s engineering database during the period when applicants will be filing their applications. As auction applicants can specify in their short-form applications transmitter sites to be protected, a minor change application by an existing station could end up mutually exclusive with a transmitter site specified by an auction applicant, meaning that the existing station could end up in the auction. To avoid that, the FCC has frozen minor change applications during the filing window.
Continue Reading FCC Sets Final Rules For Auction of New FM Stations – Applications Due By May 28, Filing Freeze on FM Minor Changes from May 18 through May 28

The FCC has announced that it plans to hold an auction to award construction permits allowing the winners to build new FM radio stations. 131 total channels on which bids can be placed are included in the list of channels to be auctioned – with most being in the state of Texas. The auction is tentatively scheduled to begin on July 23. Working backward, that would mean that initial applications would likely be due sometime in May, and “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 in June. To protect these allotments, the FCC has also imposed a freeze on the filing of FM applications that could affect applications for these channels.

The FCC’s freeze on applications that could impact these new stations is in place until the winning bidders file their post-auction applications. No applications or rule-makings can be filed that would request a change in one of these channels, or which would be short-spaced to one of the reference coordinates for these allocations.
Continue Reading Want a New FM Station? FCC Proposes FM Auction in July, Lists Channels to be Sold, and Imposes a Freeze on Certain Applications