Discussion of FCC, copyright, advertising and other legal issues of importance to radio and television broadcasters and other media companies
Here are some of the regulatory developments of significance to broadcasters from the last week, with links to where you can go to find more information as to how these actions may affect your operations.
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At the end of last week, the FCC’s Audio Division released a letter decision denying a Class A FM station licensee (limited in power to 6 KW) a waiver that would have allowed it to upgrade its facilities to those that would be equivalent to what would be permitted if the Commission was to establish a Class C4 FM. The Division found that granting such a waiver would prejudge the FCC’s pending proceeding looking at whether the FCC should approve Class C4 stations. Where does that proceeding stand?
The pending proposal to create a Class C4 FM station, i.e., one operating with maximum effective radiated power of 12 kw (essentially midway between the power limits of the current Class A stations and Class C3 FMs that are limited to 25 kw), has been advocated at the FCC for several years. Sponsors contend that it would allow Class A stations to not only solidify and expand their coverage, but also to overcome some of the building penetration issues that are alleged to occur when reception is limited inside buildings constructed of certain materials. The proposal for this new class of FM station has not been unanimously supported by other broadcasters.
Continue Reading No Class C4 FM To Be Permitted By Waiver – Where Things Stand on Proposal for New Class of FM Stations
During a panel at the NAB Radio Show, FCC Audio Services Division Chief Peter Doyle was asked a question about the processing of FM applications filed under the new simplified process for upgrades in their technical facilities and for changes in their cities of license (see our post here for details about that process). The question dealt with rumors that the processing of certain FM applications were being delayed if the proposed upgrade would cause interference problems to any LPFM stations which would threaten their existence. We have written about our concerns that such a policy was possible, here. According to the response yesterday, these delays are indeed taking place – meaning that LPFM stations that are supposed to be secondary services which yield to new or improved full-service stations are now blocking improvements in the facilities of these full-power stations.
Doyle explained that, at the moment, there is no policy of denying the full-service station’s application – but these applications are being put on hold if they would impede an LPFM’s ability to continue to operate in order to study options as to how the LPFM service might be preserved through a technical change or through agreements to accept interference. While no final determination has been reached as to what will happen to the applications if there is no available resolution to the LPFM interference issue, he pointed to the pending rulemaking (pending for almost two years) that would give LPFM’s higher status, and in effect allow them to preclude new or improved full-service operations. There was some indication that these actions were being taken pursuant to the potential policies set out in that Notice of Proposed Rulemaking – even though these policies were simply proposals advanced for public comment and have not yet been adopted by the full Commission.
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Continue Reading LPFM Slowing Processing of Full Power FM Stations
