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The FCC last week released a Public Notice announcing the opening of a filing window for parties interested in building new noncommercial TV stations at 12 communities in the following states: Alabama, Alaska, California, Idaho, Iowa, New Mexico, Oregon, Texas, and Virginia.  Applications by nonprofit educational organizations can be filed in a window opening on December 4 and ending at 6 PM Eastern Time on December 11.  The Public Notice describes the filing procedures and eligibility requirements, and sets out how, if there are multiple applicants for any channel, the applications will be evaluated under the FCC’s “points system” for choosing between competing noncommercial applicants. 

Seeing this filing window raised questions among some broadcasters as to when there will be filing windows for other services, particularly ones where commercial stations can apply.  There has not been a window for filing for new FM stations since 2021 (see our article here noting that many channels in the auction immediately after the pandemic went unsold and could be re-auctioned in the future).  The last filing window for new commercial TV channels opened in 2022.  No filing window for new LPTV stations or TV translators has occurred since 2009, largely because applications were on hold during the TV incentive auction and repacking of the TV band (see our article here – but note that there is currently an opportunity for major channel changes by LPTV and translator stations, but not for new stations).  There has been no window for new AM stations in well over 20 years (except for special windows to allow applicants for channels where station licenses had been surrendered to the FCC).  And no window for new FM translators has been open since 2003 (see our article here about the final resolution of applications from that window – 15 years later), except for the special windows for translators to be used with AM stations, and the last of those windows closed in 2017 (see our article here).  Why have there been no commercial filing windows for so long?Continue Reading FCC Opens Window for Filing for 12 New Noncommercial TV Stations While Other Commercial Filing Windows on Hold

Here are some of the regulatory and legal actions and 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 released its Report and Order on annual regulatory fees for fiscal year 2020 and,

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