Nltr0498

News from the Offices of E. Harold Munn, Jr. & Associates, Inc. P.O. Box 220 - 100 Airport Drive Coldwater, MI 49036 Wayne S. Reese, President Telephone: (517) 278-7339 Fax: (517) 278-6973 April 1998 Munn Associates Matters

As promised in last month’s newsletter, you can now find us on the world wide web! Set your web browser to http://www.munn-reese.com, and pay us a visit. What will you find? Included on the web page is a little background about our company, a brief "bio" about each of our staff members, and copies of our newsletters. At the moment, you can also catch a picture of field engineer Ed Trombley installing a brand new antenna tuning unit for an AM daytime facility that we helped a client move to Kingsley, MI. It was still cold weather when Ed did the installation so you may have difficulty distinguishing him from the abominable snow man, but we assure you that most of the time he’s really quite harmless—Ed, that is!
When we recently offered to send the newsletter by e-mail, several readers wanted to know why we didn’t include our own e-mail address. At the time, we did not have an official e-mail address for the office—several of us were just using our personal addresses. However, now that we have our own domain name, we are also able to have our own official office e-mail addresses! Here they are:

Wayne Reese - wayne.reese@munn-reese.com Ed Trombley - et&t@munn-reese.com Don Baad - don@munn-reese.com Urgent Matters

As the full-service DTV stations begin to receive construction permits and licenses, many LPTV, TV Translator, and TV Booster stations are becoming painfully aware of the need to find alternate channels. These are the facilities that are being forced to relocate because the DTV Table of Allotments conflicts with their present operation. April 20 was to have been the first day when such secondary facilities could file "DTV Displacement Relief" applications. On April 16, the Commission announced the postponement of the date from April 20 to June 1, 1998. The National Translator Association had requested the delay citing the difficulty many licensees and their consultants were having in obtaining the necessary software. Since these applications for displacement relief are on a "first-come" basis, most operators would like to be able to file at the beginning of the transition period. Since the announcement of the delay came so near the original deadline, the Commission also announced that it would hold all applications that were filed before June 1 (as opposed to returning them) and give them a June 1 filing date. Those operators facing imminent channel displacement (because, for example, a conflicting DTV facility is ready to begin operation) may file their applications at any time without regard to the June 1 opening date. However, those operators who only face eventual displacement will need to wait for the June 1 date.
The Commission has made available a DTV Fact Sheet and a list of Frequently Asked Questions (FAQ’s) about the various issues related to the implementation of digital television service. The documents were prepared by the FCC staff to inform consumers, broadcasters, and local officials and their communities about the new DTV technology. You can find it on the Mass Media Bureau’s web site. The complete address is http://www.fcc.gov/mmb/prd/dtv
The FCC has proposed to: "…(1) streamline broadcast application and licensing procedures, (2) reduce licensee administrative and filing requirements and (3) eliminate rules and procedures that no longer advance key regulatory objectives." They are also seeking comments on whether electronic filing should be mandated for certain broadcast applications and reporting forms. The news release announcing the action said, "These proposals are premised on the Commission’s belief that it can prudently increase its reliance on applicant certifications. It said that this change in regulatory approach will be accompanied by a new, formal program of random audits to ensure compliance with the Commission’s rules. The Commission emphasized its commitment to severely sanction those applicants that fall short of discharging their obligations of full disclosure and candor." Several of the areas being changed deal with ownership reports, station transfers, and the filing of station sales contracts. One of the more interesting changes to the engineering community is a proposal to extend the initial period for construction permits to three years, but this will be accompanied by increased difficulty in obtaining extensions to the permits.
In a companion item, the FCC also announced an expansion of its Electronic Comment Filing System to be known as ECFS. This system will eventually replace the present Record Image Processing System (also known as RIPS). The news release promises the new system will "…allow members of the public to file, review and print documents online through the Internet, rather than having to rely on paper copies accessible through the FCC reference room or [a] copy contractor." The new system will eventually include Commission documents and related comments from 1992 onward. Although the system is presently available for some specifically designated proceedings, the Commission hopes to be using ECFS for most, but not all, proceedings by some time in June. Certain broadcast proceedings will not be among those qualifying for the new system. The release states, "For now, the Commission will not accept electronic comments in broadcast allotment proceedings because of its concern that electronic filings in these restricted proceedings might not be properly served on the parties and to give the Commission more experience in electronic filing before including the large number of broadcast allotment proceedings."

Commissioner Matters

Commissioner Gloria Tristani issued a partial dissent statement to the electronic filings proceeding. Here are some excerpts from her statement. "I strongly support the thrust of today’s action to permit parties to file documents with the Commission electronically. Electronic filing should make our processes more open and accessible and enhance the public’s ability to actively participate in rulemaking proceedings." "There is one aspect of today’s Order, however, that I cannot support. The Order establishes a midnight deadline for electronic filings rather than the 5:30 p.m. deadline that applies to paper filings. This six and a half hour extension will give electronic filers an advantage over paper filers." "…it is quite possible that electronic filers will be able to obtain copies of paper filings by early evening and incorporate responses by the midnight deadline. Essentially, this would give electronic filers an additional reply opportunity, permitting them to address arguments raised by the paper filers that they had not anticipated." "It is already difficult enough for average citizens to make their voices heard at the Commission. I believe that today’s decision establishing different deadlines for electronic and paper filings only increases that difficulty."
Chairman William E. Kennard addressed the recent NAB Convention in Las Vegas. Among other issues, he called on broadcasters for assistance in fostering ownership, employment, and training opportunities in broadcasting for women and minorities. Chairman Kennard said, "The more I find myself committed to promoting the vibrancy that comes with diversely owned media outlets, the more I am increasingly concerned that at a time when the populace is becoming ever more pluralistic, the media is becoming less so." "I come to you today with a challenge…a challenge to work with me to realize the potential to all Americans. I challenge each one of you, over the next sixty days, to develop ideas to promote opportunity for ownership by minorities and women within the broadcasting industry."
Commissioner Michael Powell recently spoke at a luncheon hosted by "The Precursor Group" of the securities brokerage firm Legg Mason, Inc. Although his audience no doubt included many more investment analysts than broadcasters, some of his remarks may be of interest to the broadcast community. Quoting Albert Einstein, Commissioner Powell said, "The unleashed power of the atom has changed everything save our modes of thinking and we thus drift toward unparalleled catastrophe." Mr. Powell then went on to set forth several tenets of what he called "new regulatory thinking." Also included in his remarks were the following statements. "Full emancipation has not yet come to the information and communications industries, because we have not fully changed our mode of regulatory thinking." "The digital explosion will ultimately demolish the byzantine regulatory edifice that communications regulators have constructed over the past several decades. The choice is whether to implode the existing regulatory structure in a controlled manner, by strategically undermining its foundations…or whether to resist foolishly the force of change and allow the regulatory structure to…crumble[] under the weight of its own inconsistencies."

Miscellaneous Matters

The FCC has moved the date for filing annual employment reports to September 30. The action was taken so that the filing date for the FCC report would coincide with the filing date for the EEOC (Equal Employment Opportunity Commission) employment report. Broadcast stations with five or more full time employees are currently required to file their report with the FCC by May 31, while the EEOC currently requires companies with at least 100 employees to file their reports by September 30. The change will allow those licensees required to file both reports to collect all the data at the same time.
The FCC is reminding tower owners that the final window for the registration of existing towers (those built before July 1, 1996) will end June 30, 1998. By that date all towers of sufficient height to require registration at their existing locations will need to be registered unless covered by a waiver. The Commission does not anticipate issuing any more waivers or extensions of existing waivers.
The FCC’s Compliance and Information Bureau (CIB) continues to shut-down illegal radio operations. After the FAA complained to the FCC about interference to communications at the Sacramento Executive Airport, FCC investigators found an illegal station operating in 107.2 MHz in the Sacramento area. When confronted about the illegal station, the operator voluntarily shut the facility down. This makes the fourth time in five months that the FCC has been called upon to investigate interference to air traffic communications from a "pirate" radio station. Five other "pirate" operators in Texas, Washington (state), and Ohio have been ordered to cease operations by the FCC. And FCC officials, with the cooperation of the US Marshals Service, seized equipment from yet another unlicensed operation in the Cleveland, OH area that was interfering with a public broadcast station. Operators of illegal stations face potential civil fines of up to $11,000 dollars and seizure of their equipment. They also face criminal fines of up to $100,000 and possible imprisonment. In addition, interfering with FAA communications or navigation systems is a federal felony, and therefore qualifies for even further penalties.
Meanwhile, there are two more proposals for new classes of legal broadcast stations. One proposal seeks to establish "Event Broadcast Stations" in the AM and FM services. These facilities would provide temporary service to a limited area for the coverage of specific events. A second proposal would establish "Class A" television stations. Although quite complex, the proposal by the Community Broadcasters Association would basically create a new category of stations that would fall between the present LPTV and full-service facilities.

Upcoming Events

Finally, all you computer fans will want to know that the FCC recently announced a series of initiatives to raise awareness of the Year 2000 problem. Commissioner Powell will represent the FCC on the President’s Council on Year 2000 Conversion.
We are happy to report that spring has arrived in southern Michigan with all its usual beauty. The early flowers, green grass, and emerging leaves renews our hope for the pleasant days of summer yet ahead. We are still waiting for the "spring" to arrive at the Commission and the revelation of how broadcast allocations will be done in the future. In the meantime, here is our list of future window openings. There have only been a few additions since the last newsletter. You may want to determine which communities would be of interest to you when the new procedures are established.

FUTURE WINDOW OPENINGS
ST	CITY	CHAN
AL	Saint Florian	274A
AZ	Payson	257A
	Salome	241A
	Yarnell	258A
CA	Boonville	241A
	Coarsegold	233A
	Westley	238A
FL	Perry	228A
	Satellite Beach	253A
HI	Haiku	293C
	Kaunakakai	272C
IL	Cochester	244A
IN	Farmersburg	242A
IA	Patterson	290A
KS	Lindsborg	269C3
KY	Brodhead	270A
MI	Walhalla	255A
MN	Lake Crystal	239A
	Vernon Center	231A
MS	New Albany	268A
	New Augusta	269A
MO	Gideon	280A
MT	Eureka	228C3
NY	Windsor	294A
OK	Guymon	258C1
OR	Dallas	252C3
	Prineville	254C3
SD	Ipswich	300A
	Murdo	285A
	Presho	262A
	Roscoe	287A
TX	George West	228C3
	Goldsmith	234A
	Wellington	278C3
	Yorktown	242A
UT	Monroe	257C2
WA	Chewelah	*274C3
	Ocean Shores	228A
	Westport	267A
	Winthrop	248A
WV	Kenova	250A
WI	Soldiers Grove	290A
	Two Rivers	246A
WY	Mills	288A
	Moorcraft	228A
* - Channel Reserved for Non-Commercial Use