In two recent cases, the FCC discussed the issue of "blanketing interference," the interference that can be caused by a broadcaster to electronic devices that are located in homes and businesses near to the station’s transmitter site. In the first case, the FCC rejected a license renewal challenge finding that there was no
interference
Correction – Comment Date Not Set on LPFM/Broadcaster Relationship
Last week, we published a note that the FCC had published the new rules on Low Power FM (LPFM) stations in the Federal Register, starting the comment period on the issues raised in the Further Notice of Proposed Rulemaking in that proceeding – principally addressing the relationship between LPFM stations and FM translators and improvements…
FCC Announces Further Testing of White Spaces Devices
The FCC has announced that on January 24 it will begin a new round of testing of wireless devices that will work in that part of the communications spectrum currently reserved for television station operation. The idea, about which we wrote here, would be that these devices could operate at low power, on channels not used by…
Comment Date on the Relationship of Low Power FM Stations to FM Full Power Stations and Translators Set
[Correction 1/24/2008- we have published a correction to this entry, here, noting that the Federal Register publication described below contained only half of the FCC’s order in its LPFM proceeding, omitting the portion seeking public comment. That section of the order will apparently be published in the Federal Register at a later date – so the February 19 comment date set out below is incorrect. Everyone has more time to prepare their comments. The actual filing date will be set in the future.]
The FCC Order establishing new rules for Low Power FM (LPFM) Stations was published in the Federal Register on January 17. This sets the date of February 19 for the filing of comments on the question of the relationship between LPFM stations and both FM translators and full-power FM stations. These comments will address two issues, (1) whether LPFM stations should remain secondary stations, subject to being knocked off the air by new full-power FM stations and (2) whether LPFM stations should get some sort of priority over some or all FM translator stations.
LPFM stations have been "secondary" stations, meaning that they could be knocked off the air when a new FM station came on the air, or when improvements to the facilities of an existing FM station were constructed, if the new full-power FM facilities would be caused interference from the existing LPFM station. As we wrote here, at its November meeting, the FCC decided that it needed more information to determine whether LPFM stations should continue to be secondary to new or improved FM stations. While not reaching a final determination on that issue, the FCC adopted temporary processing policies which essentially force the full-power stations to deal with LPFM operators in cases where such interference arises – potentially blocking improvements in the facilities of a number of FM stations. Continue Reading Comment Date on the Relationship of Low Power FM Stations to FM Full Power Stations and Translators Set
FCC Meeting Adopts Rules Favoring LPFM, Restricting Translator Applications, and Possibly Impeding Full Service FM Station Upgrades
In an unusually contentious FCC meeting, the FCC adopted rules that promote Low Power FM ("LPFM") stations seemingly to the detriment of FM translators and improvements in the facilities of full-power FM stations. While no formal text of the decision has yet been released, the Commission did release a Public Notice summarizing its action. However, given the lack of detail contained in the Notice as to some of the decisions – including capping at 10 the number of translator applications from the 2003 FM translator window that one entity can continue to process and the adoption of an interim policy that would preclude the processing of full-power FM applications that created interference that could not be resolved to an existing LPFM station – it appears that the Press Release was written before these final details were determined. And given that the two Republican Commissioners dissented from aspects of this order supported by their Chairman (and also dissented on certain cable items considered later in the meeting), one wonders about the process that resulted in the Republican chairman of the FCC voting with the two Democratic Commissioners on an item that in many respects favors LPFM stations to the detriment of existing broadcast operators.
In any event, specific decisions mentioned in today’s meeting include:
- Treating changes in the Board of Directors of an LPFM station as minor ownership changes that can be quickly approved by the FCC
- Allowing the sale of LPFM stations from one non-profit entity to another
- Tightening rules requiring local programming on these stations
- Maintaining requirements that LPFM stations must be locally owned, and limiting groups to ownership of only one station
- Limiting applicants in the 2003 FM translator window to processing only 10 pending applications each, and requiring that they decide which 10 applications to prosecute before any settlement window opens (the two Republican Commissioners favored allowing applicants to continue to process up to 50 applications)
- Adopting an interim policy requiring that full-power FM stations that are improving their facilities in such a way that their improvement would interfere with an LPFM station to work with the LPFM to find a way to eliminate or minimize the interference. If no resolution could be found, the full-power station’s application would not be processed (which we have expressed concerns about before)
- Urging that Congress repeal the ban on the FCC making any changes that would eliminate protections for full power stations from third-adjacent channel interference from LPFMs
Another Indication that LPFM Could Get More Protections
Last week, FCC Chairman Kevin Martin was quoted in several trade press reports as having told the House Small Business Committee that his office was working on an item to be circulated among the other commissioners that would ensure low power FM ("LPFM") stations "would have reasonable access to limited radio spectrum." So what does this…
FCC Plans More Testing of White Spaces Devices to Operate Within the Television Spectrum
On Friday, the FCC issued a public notice promising further testing of "white spaces" devices. As we’ve written before, these devices are being promoted by many of the largest tech companies as ways to make more efficient use of the television spectrum by using low power wireless devices within that spectrum in places where those devices would not interfere with the operation of television reception. The National Association of Broadcasters and other television groups have opposed allowing such operations for fear that they will cause interference to broadcast stations. Especially during the digital transition, when listening habits are just being worked out and new digital televisions are just being purchase and installed by users, and because interference to a digital television station does not result in "snow" as in the analog world, but instead no picture at all, broadcasters fear that these devices could severely impact the success of the digital transition.
In August, as we wrote here, the FCC released the first results of its interference studies, finding the potential for severe interference to television broadcasters. While broadcast groups trumpeted these tests as proof of their fears, many of the tech companies claimed that the testing was flawed, using at least one device that was malfunctioning. The tech companies essentially asked for a "do over," while the broadcasters argued that, even if a tested device was malfunctioning, that malfunction itself was enough to demonstrate that the devices are not reliable enough to protect television operations during this sensitive transition.Continue Reading FCC Plans More Testing of White Spaces Devices to Operate Within the Television Spectrum
LPFM Slowing Processing of Full Power 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.
Continue Reading LPFM Slowing Processing of Full Power FM Stations
LPFM Set to Move?
At today’s Future of Music Policy Summit in Washington, DC, there has been much talk about issues of interest to broadcasters, including the performance right in sound recordings for terrestrial radio, multiple ownership, and many other issues. The Future of Music Coalition, whose website is here, is dedicated to bringing the voice of musicians and the public to Congress and other decision-makers in Washington. Thus, the Coalition is involved in music issues before Congress and the Copyright Office, as well as before the FCC and other agencies on issues including multiple ownership, net neutrality, and similar matters. Members of the Coalition have been involved in the Low Power FM debate. At the panel session titled "The Hill Was Alive with the Sound of Music," dealing with legislative matters affecting music that are pending or which may arise before Congress, only one issue was perceived as being likely to be considered and potentially resolved by this Congress, before the Presidential election. That was the issue of LPFM, where bills have been introduced in Congress to eliminate the restrictions that prohibited LPFM stations from causing third-adjacent channel interference to other stations.
The panel included staffers from both the House of Representatives and the Senate, who both indicated that, while there were many other issues of importance to those in the music industry that might be considered this year, LPFM was the one issue that had a chance of actually being adopted this year, given bipartisan support for pending bills. The pending legislation, The Local Community Radio Act of 2007, has been introduced in both the House and the Senate. This legislation would lift restrictions on interference to third adjacent channel stations – restrictions which were adopted by Congress about 7 years ago. We wrote about this legislation, here.Continue Reading LPFM Set to Move?
FCC Study Deals Blow to Television White Space Advocates
As the digital television transition continues, broadcasters have been concerned about the proposals made by a number of the major computer companies seeking the right to operate low power wireless devices in the spectrum used by television stations – in the so-called "white spaces" between channels. Because of the potential for interference, television obviously don’t operate on every channel in every city. The proposal by the tech companies, about which we wrote here, would allow unlicensed wireless devices to operate at low power within this spectrum, provided that such devices were “smart” enough to detect television signals and to avoid the use of channels that would interfere with these signals. Last week, the FCC’s Office of Engineering and Technology issued a report finding that the prototypes of these devices that had been made available for testing appeared to interfere with television signals. The report did note, however, that this testing should not be viewed as the end of the story on this issue, as further refinements to the devices might be able to eliminate the interference. The FCC has asked for comment on this report. Public comments are due on August 15, with replies on August 30.
The white spaces debate has been a very contentious one. The tech companies who favor it have argued that the efficient use of the television spectrum, and the congestion in other portions of the spectrum used by unlicensed devices, mandate attempts to allow these devices to operate in the television band on the condition that they do not interfere with TV uses. These companies contend that they should be able to create devices that can sense television stations and avoid interference to these stations.Continue Reading FCC Study Deals Blow to Television White Space Advocates