Discussion of FCC, copyright, advertising and other legal issues of importance to radio and television broadcasters and other media companies
Principal Editor: David O’Connor
Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations.
Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations.
Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations.
Here are some of the regulatory developments of significance to broadcasters from this past week, with links to where you can go to find more information as to how these actions may affect your operations.
The FCC’s Media Bureau this week issued a Public Notice announcing the rules for filing applications for new Low Power FM stations during a filing window that will open on November 1 and close on November 8, 2023 at 6 PM EST. As part of that announcement of the rules for the preparation and processing of applications to be submitted in the filing window, the Media Bureau stated that a freeze on the filing of applications for changes in the facilities of FM translators and existing LPFM stations would go into effect on September 1, 2023. Thus, if you are planning any technical changes to any FM translator, or any change in an existing LPFM, file before midnight EST on August 31, 2023 to avoid processing delays. The freeze will be in effect at least until the end of the LPFM filing window on November 8, 2023.
The freeze is meant to provide a stable database so that applicants in the LPFM window can accurately determine where there are available channels, and where there are stations or applications that need to be protected from interference. The Public Notice emphasizes that LPFM applications must protect all existing FM stations, all FM translators and LPFMs, and all translator and LPFM applications filed and accepted by the FCC by the end of August before the freeze goes into effect.Continue Reading Looking at the Rules for the November Window for Filing for New LPFM Stations – and the September 1 Freeze on Changes in Existing FM Translator and LPFM Facilities
Low Power FM is back in the news this week. As we noted a week ago in our summary of FCC regulatory actions, a Petition for Rulemaking has been filed by REC Networks asking that the maximum authorized power for LPFM stations be raised from 100 to 250 watts. The hope among LPFM advocates is that an increase in power will allow such stations to increase service in their communities. REC asks that this proposal be adopted based entirely on mileage separation rules (i.e., how far these stations would have to be spaced from other stations operating on the same or an adjacent channel), even while recognizing that, in some cases, the mileage separations could create interference to existing FM stations or FM translators. This is just an initial proposal asking the FCC to start a rulemaking to further consider this power increase. Comments on this proposal are due June 21, 2021.
In addition, in an article published last week, Acting FCC Chairwoman Rosenworcel set out the items to be considered on the agenda for the FCC’s June monthly open meeting. One of the items to be considered is a review of two petitions for reconsideration of the FCC’s 2020 Order which changed some of the technical rules for LPFM stations (see our article here). In announcing this draft reconsideration action, the Chairwoman stated that the resolution of these technical issues would bring the FCC one step closer to opening a window for the filing of applications for new LPFM stations. The last such window was in 2013. While no dates have been provided, in previous announcements, the FCC has indicated that this window would follow the noncommercial FM window that is scheduled for November of this year.
Continue Reading Low Power FM Back In Front of FCC – Another Proposal to Raise Power and Word of a New Filing Window
Last week, the FCC started a new proceeding through the adoption of a Notice of Proposed Rulemaking to review several restrictions that currently apply to Low Power FM stations. While doing so, it will also review the current rules, dating from the analog television days, restricting certain FM operations in the non-commercial reserved band of the FM dial where those operations are near Channel 6 TV stations. Comments will be due on this proposal 30 days after it is published in the Federal Register, with Replies due 15 days later.
The LPFM proposals look at a number of issues. The Commission asks if LPFM stations should be allowed to operate with directional antennas, which are currently routinely barred given that these antennas may be more difficult to operate and maintain. When the rules were originally adopted, there was a fear that LPFM licensees, who may not have a technical background or substantial resources for engineering support, could not maintain those antennas so as to protect other FM stations operating on the same and adjacent channels. Similar concerns currently limit LPFM stations from using on-channel boosters to fill in holes in their service area. The FCC asks if these prohibitions can be lifted as the LPFM industry has become more mature, allowing LPFMs to use both directional antennas and on-channel boosters without risking increased interference to other stations.
Continue Reading FCC Starts Rulemaking to Look at LPFM Issues and the Protection of Channel 6 TVs by Noncommercial Radio Stations and Whether “Franken FMs” Can Continue
The FCC has asked for comments on a rulemaking proposal that would fundamentally change the way in which LPFM stations operate – proposing that they be allowed to take commercial messages (as opposed to the current limit the they operate noncommercially, only taking underwriting announcements and other noncommercial sponsorships), allowing them to be owned by local small businesses (as opposed to the current rule that limit their ownership to nonprofit organizations), and giving them primary status (protecting them against being displaced by a subsequent move of a full-power station or the initiation of service by a new full-power FM station). The proposal also asks that the limits on ownership, which currently limit most nonprofit groups to ownership of a single LPFM, be lifted. There is also a suggestion that LPFM stations be governed by the same spacing rules that apply to FM translators, letting them locate wherever there is no predicted interference, not limiting them to locations where they meet mileage separation requirements set out by the current rules. This is a new proposal, going beyond the proposal we wrote about here to allow LPFM stations to increase power to 250 watts, on which the FCC recently took comments.
Comments on this proposal are due on August 30. The proposal is not a proposal by the FCC to adopt rules on these matters, but instead just a preliminary notice that the petition asking for these changes to the rules was filed, and asking for public comment as to whether the FCC should take any action and further pursue the proposals being made. Obviously, some broadcasters may want to comment on this proposal which would fundamentally change the nature of the LPFM service.
Continue Reading Proposal Asks that Low Power FM Stations Be Given Primary Status, and Allowed to Operate Commercially
Last week, the FCC formally announced its receipt of a proposal from REC Networks to raise the maximum power for LPFM stations from 100 watts to 250 watts, to give them equivalent power levels with FM translator stations. REC suggests that these higher power levels are necessary to allow LPFM stations to overcome the effects of multipath in their coverage areas, and to provide sufficient building penetration in more urban areas. The proposal (which is available here) also suggests other changes to the rules that apply to LPFM stations, including those dealing with interference protections between LPFM stations and FM translators, and the rules allowing the use of the FM translators by LPFM stations. The FCC notice is only an announcement that the proposal has been received. While comments can be filed within 30 days as to whether or not the FCC should move further to consider the issues raised in the Petition, any ultimate action should require that the FCC issue a formal Notice of Proposed Rulemaking to solicit comments on the specific proposals that the Commission deems potentially worthy of consideration.
Nevertheless, even though this is but a request for preliminary comments, broadcasters may want to consider commenting within the 30 days provided by the Commission as to whether or not this proposal should move forward. The proposals put forward in REC’s Petition are very detailed, and it provided significant backing information in support of its requests. The 250 watt proposal has many nuances – proposing that these upgrades be allowed, at least initially, only for already authorized LPFM stations as minor changes to their existing facilities. And the proposal would not expand the “buffer zones” adopted by the Commission when it first authorized LPFM stations – establishing mileage separation requirements between LPFM and full-power FM stations designed to protect the full-power station beyond its normally protected contour. REC suggests that, in most cases, the buffer zone provides too much protection to full-power stations, and that even at 250 watts, there should still be sufficient protection to full-power stations.
Continue Reading Preliminary Comments Sought by FCC on Proposal to Increase LPFM Power to 250 Watts and to Modify LPFM Translator Rules
Time flies, and more regulatory requirements and comment deadlines in regulatory proceedings are upon us in the month of August. The regular regulatory deadlines include license renewal for TV and LPTV stations in California, and EEO Public Inspection File yearly reports for stations in California, Illinois, North Carolina, South Carolina, and Wisconsin. Noncommercial TV stations in California and North and South Carolina all have ownership reports on Form 323E due on the August 1, and noncommercial radio stations in Wisconsin and Illinois have ownership report obligations too. We can also expect that the deadline for submission of Annual Regulatory Fees will be set this month but, as we have not yet heard about that date, the deadline for the fees to be paid may not be until sometime in September.
In addition to the regular filings, there are numerous proceedings in which various government agencies will be receiving comments in proceedings that could impact broadcasters. Next Wednesday, August 6, the FCC will be taking comments on it Quadrennial Review of the multiple ownership rules. The issues to be considered include the TV ownership rules (including the question of how to deal with Shared Services Agreements) about which we wrote yesterday. Also to be considered in the proceeding are questions about the radio ownership rules, and the cross-interest rules – including whether to change the newspaper-broadcast cross-ownership rules. But the FCC is not the only one who will be receiving comments on issues that can affect broadcasters.
Continue Reading August Regulatory Dates for Broadcasters – Renewals and EEO, and Comments on Multiple Ownership, Music Rights, New Class of FM, and Much More
