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• With the current freeze on applications for new commercial stations and major changes in existing facilities, we thought it might be helpful to review the FCC rules regarding major changes. Minor changes and petitions to amend the Table of Allotments can be filed under the current freeze. Therefore, a better understanding of the differences between major and minor changes will help clarify which applications can be filed under the current freeze and which cannot. The full details regarding major changes are found in §73.3571 through §73.3573, but here are some of the highlights:
• AM Stations - A major change is any increase in power (that is not offset by a corresponding decrease in antenna efficiency) or any change in frequency, hours of operation, or community of license.
• TV Stations - A major change is any change in frequency or community of license that is in accord with the present Table of Allotments.
• FM Stations - A major change is any change in frequency or community of license in accord with the present Table of Allotments. However, many commercial One-Step upgrade applications are minor changes. For non-commercial stations, any change in power and/or antenna system which results in a 50% or more increase in the 60 dBu service contour also constitutes a major change.
• LPTV, TV Translators, and TV Boosters - Any change in output channel is a major change. In addition, most changes in an antenna system, transmission line, or operating power would be classed as a major change unless they do not result in an increase in coverage.
• FM Translators - Any change in output channel is a major change. Also any other change which results in a 10% or more increase in the 60 dBu service area is classified as a major change.

• With the NAB Convention now only weeks away, many broadcasters are finalizing their plans for Las Vegas. Our president and his wife, Wayne and Chris Reese, will be representing our office this year. In our business we often recognize names and voices without ever having a face to face meeting. Wayne and Chris would enjoy an opportunity to meet you and put a face with your name and voice. If you would like to arrange a social or business meeting with them, please give us a call. Last year we sent Staff Engineer Don Baad to the convention. If you’re looking for Wayne and Chris on the convention floor, you will want to know that Wayne is less "calorie dependent" than Don, has no beard, and does not wear glasses—unless he’s trying to read something. You will also find Chris much better looking than either Wayne or Don!
• Would you like to receive your copy of our newsletter by e-mail? Staff Engineer Ed Trombley has been experimenting with distributing a few copies by this method. If you would like to be added to his list, let us know. It won’t be formatted in columns or have tables like the paper copy, but all of the content will be there. If there is enough interest, we may consider expanding this service in the future.

• In response to petitions by the New York State Broadcasters Association and the NAB, the FCC has revised the deadline for filing license renewals and ownership reports for six counties in New York state. The original deadline for these filings was February 2. However, because of severe ice storms, coupled with snow, floods, and high winds, stations whose transmitters site, studio location, or city of license is located within the six county area will have until March 2 to complete the filings. The counties included in the area are: Clinton, Essex, Franklin, Jefferson, Lewis, and St. Lawrence. The petitioners argued that many stations in these communities have been without power and/or had their facilities damaged by the storms. These broadcasters are struggling just to maintain, or in some cases return, to service. The petitioners further argued that it was more important for station personnel to devote resources to helping their communities recover by providing much needed informational services rather than filling out renewal forms and ownership reports.
• As part of its ongoing 1998 Biennial Regulatory Review, the Commission has announced 31 proposed proceedings. Obviously, the proposals take in all of the Commission’s jurisdiction, and not just broadcasting. The official press release explained, "Section 11 of the Communications Act, as amended, requires the Commission to review all of its regulations applicable to providers of telecommunications service in every even-numbered year to determine whether the regulations are no longer necessary in the public interest as the result of meaningful economic competition between providers of the service and whether such regulations should be repealed or modified. Section 204(h) of the Telecommunications Act of 1996 also requires the Commission to review its broadcast ownership rules biennially as part of the review conducted pursuant to Section 11. In addition, as previously announced, the Commission has determined that the first biennial regulatory review presents an excellent opportunity for a serious top-to-bottom examination of all the Commission’s regulations, not just those statutorily required to be reviewed." The FCC has announced that it will have a Biennial Review Home Page on its Internet site, and will provide an e-mail address for the public to use in commenting on the proposals. One of the more interesting items listed is a proposal by OET to "deregulate RF lighting requirements to foster the development of new, more energy efficient RF lighting technologies." The issue of RF lighting technology produced a storm of comments from AM broadcasters in the 1980’s. Time will tell if history will repeat itself.
• The FCC portion of the President’s budget for fiscal year 1999 is $212,977,000 with a staffing level of 2,105 full-time equivalents. This represents an increase of $26,463,000 in funding but no increase in full time equivalent levels. The Commission’s announcement said the bulk of the increase in funding will cover "…mandatory increases in employees’ salaries and benefits, rent increases assuming relocation to the Portals, and inflationary increases to other contract services."

• Apparently not content with the Congressional mandate to relieve broadcasters of their "excess wealth" by auctioning broadcast spectrum, the President has now suggested that broadcasters should be required to provide free or reduced cost TV time to candidates. We suspect most broadcasters won’t find this any more attractive than the concept of auctions. In fact, one of our staff members, with tongue in cheek, suggested turn-about should be fair play—broadcasters should be allowed to auction off their time to the highest bidder, regardless of whether it’s the local car dealer or the local senator. Here is how several of the Commissioners responded—to the President, not our staff member!
• Senior Commissioner Susan Ness said, "Citizens are rightly concerned about the massive amounts of money needed to run for public office today. We know the largest component of these expenses is broadcast time." "I agree that the FCC should initiate a proceeding to examine the matter of candidate access to the public airwaves. Such a proceeding would enable us to build a record based on suggestions from candidates, broadcasters, and members of the public. It would enable us to review various ways in which the President’s goals could be accomplished." "…I also believe the Congress will help to inform our views on free time, as it considers the larger question of political campaign finance reform. As the new session of Congress opens, I am hopeful that the legislative attempts to enact meaningful reform will succeed this year."
• Commissioner Gloria Tristani said, "I fully support the initiation of a rulemaking proceeding to examine the issue of free or reduced cost television airtime. As someone who has run for state-wide office, I know first-hand the enormous burden of fundraising in order to buy television time and the complexity of the current rules. Free or reduced cost air time may be a tangible way for broadcasters to help meet their public interest obligations. I have an open mind on the ultimate resolution of this issue as well as the broader public interest issues involved. I look forward to hearing from all interested parties as the rulemaking proceeds."
• Commissioner Michael Powell offered a slightly different perspective. "Last night the President announced that he would formally ask this agency to act to provide free or reduced-cost television time for candidates. I acknowledge that campaign finance reform is of profound significance to the American public. I do not believe, however, that our general mandate to regulate in the public interest entitles the FCC to engage in election reform. In our democracy, the functioning of the electoral process is properly a matter for the men and women who are politically accountable to the people. It should not be the task of five un-elected regulators, without a specific grant of statutory authority."

• The Commission has shut down another pirate radio station. This one was located in Puerto Rico and was causing severe interference to air traffic control frequencies at the San Juan International Airport. After air traffic controllers complained, FCC investigators teamed up with the US Attorney’s office and the FBI to shut down the facility. The operator was warned of his illegal operation and asked to voluntarily shut down his station. When he refused, the government agents confiscated his equipment. Such operations are subject to both civil and criminal penalties under the Communications Act.
• A petition for rulemaking has been filed with the Commission requesting amendment of the broadcast rules to reserve one AM and one FM channel for microradio broadcasting. The proposed service would use highly restricted operating powers and antennas with the coverage area limited to several square miles. Our wacky editor, Thumbs Feebleman, suggests you not hold your breath while waiting for action on this petition!
• And speaking of Thumbs, his editorial eye caught what he thought just might be an example of government "double-speak" in a recent Daily Digest from the FCC. Two of the Commissioners were appointed to a "Federal-State Joint Board on Jurisdictional Separations." Maybe if Paul Harvey tells us "the rest of the story," it will make more sense. In the meantime, Thumbs thinks it should probably be listed right next to "jumbo shrimp!"
• We continue to appreciate your business and support of our office. In our part of the country, winter is traditional time for snow storms. However, this has been an unusual winter in many ways. Our area has been characterized by milder weather than normal, very little snow, and some unusually nasty winter viruses. We understand that may not be true where you are. The regulatory scene is a different picture—it seems to be quite rugged and stormy for the broadcast community. The prospect of spring always gives us hope that better times will soon be here. (A local drive-in restaurant reopened this week. Surely, that must be a good sign!) In the meantime, we will be happy to assist you with technical consulting for your broadcast needs. We are committed to the broadcast community, and like you, we are also hoping for an "early spring!"
• We are continuing to list the upcoming FM allocation window openings that we find in the releases received from the Commission. This is not necessarily an exhaustive list, and not all of the listings have become effective as of this date. However, none of the windows will be opened until the rulemaking procedure on broadcast spectrum auctions is completed. Although you cannot apply for any of these allocations at this time, you can begin preparations by having a study done to determine the location of the "open area" and the potential signal coverage of any allotments that are of interest to you. The filing windows are expected to be very short in duration and include large numbers of allotments. Therefore, it will be necessary for interested parties to do as much work ahead of time as possible. If you are considering bidding serious money on an allocation, you owe it to yourself to determine its potential before you risk your money.