News from the Offices of
Munn-Reese, Inc.
Broadcast Engineering Consultants
100 Airport Drive – PO Box 220
Coldwater, MI 49036-0220
Wayne S. Reese, President
Telephone: 517-278-7339 Internet: www.munn-reese.com Fax: 517-278-6973
Spring 2000
Munn-Reese Matters
As long time readers of our newsletter already know, the goal has always been to publish monthly editions. If it seems like we’ve been underachieving on that goal lately, you are correct. Our wacky editor, Thumbs Feebleman, got caught up in the spirit of doing DTV maximization applications, and then helping with some computer upgrades here at the office. Mix in a little spring fever, and you get a Thumbs whose thumbs haven’t been resting on his keyboard enough to write another newsletter. Hopefully, we will find a way to chain him sufficiently close to his keyboard to get back on schedule! We are a little worried though—you’ll notice we could only get him to date this edition as "Spring 2000." We’re not sure the boss will "fall" for only a "seasonal" newsletter! (Yes, you may all groan now.)
By the way, how do you receive your newsletter? If you receive it by mail, you may think that is the only way we distribute it. However, you would be wrong—some readers do receive theirs by way of the US Postal Service, but others get their copies via e-mail or simply read it on our web site. In the interests of saving the rain forests—well OK, the pulp wood forests—not to mention the wear and tear on your local postal employees, we encourage readers to convert to e-mail delivery whenever possible. You will be among the first to receive the latest edition. If you miss the additional formatting of the paper version over the plain text of the e-mail style, check out the copy on our web site. The web copy is normally in place by the time the e-mail version is sent out, and the "dead tree" copies usually follow a few days later. You can even use the arrival of the e-mail copy as a reminder to go read the formatted web version! Of course, if you really prefer the paper copy, or you don’t have e-mail/web access, we can still provide you with a genuine paper edition.
The arrival of warmer weather reminds us that most AM stations will be needing their annual occupied spectrum measurements (sometimes referred to as NRSC measurements). Once again, we will be putting a complete measurement package together for stations in the Michigan, Indiana, and Ohio areas. Our package includes a plot of the 10 minute "peak hold" spectrum measurements for the 10.2 kHz "brick wall" filter, as well as an additional plot of a wider portion of the spectrum mask surrounding the carrier frequency. Harmonics and spurious responses beyond this range will be measured with a calibrated field intensity meter. You will receive a complete report, detailing the results and measurement methodology and signed by the field engineer making the measurements as called for in §73.1590. AM stations are required to make these measurements annually at intervals not exceeding 14 months. All stations must keep a report of occupied spectrum measurements on file for a period of two years. Contact either our president, Wayne Reese, or our field engineer, Ed Trombley, for full details. You can sign up by phone, mail, e-mail, or on our web site.
We have recently upgraded our computer system so that each of the engineers has received a newer, faster, bigger computer. We have also upgraded our software for doing Longley-Rice propagation studies to the Probe II™ package from V-Soft Communications. Although the software was originally designed with DTV in mind, it is also very useful for FM stations. We can provide a full-color coverage map based on the Longley-Rice propagation model, which uses the entire terrain path from the transmitter site to the point of study. When combined with a transparent overlay showing the predicted sources of interference, a very informative picture of a given station’s true coverage emerges. We can even incorporate any measured pattern data you may have. Contact Wayne Reese to discuss how such a study might benefit you.
Commission Matters
Since our last newsletter, the FCC and various opponents of Low Power FM (LPFM) have traded numerous accusations and defenses regarding the proposed new service. Much of the FCC’s side of these arguments can be found on the FCC LPFM web site (www.fcc.gov/mmb/prd/lpfm). One of the most vocal opponents of the LPFM service is the National Association of Broadcasters (NAB), and many of its arguments against the service can be found on the NAB web site (www.nab.org). Even Congress has joined the fray with the House passing a bill that would, among other things, restore third adjacent channel protections to LPFM allocations. During the recent NAB convention, some of the session moderators were heard to say that LPFM was an acronym for "Less People hear FM!" For its part, the FCC has defended its position with a joint statement from OET Chief Dale Hatfield and Mass Media Bureau Chief Roy Stewart.
In spite of the opposition and pending legislation, the FCC has decided to go ahead with the first LPFM filing window at the end of May. In the Public Notice (DA 00-914) announcing the window, the Commission said—"Applicants should be aware that petitions for reconsideration of the LPFM Report and Order are pending. These petitions raise certain eligibility and interference issues and question the impact of LPFM stations on audio information services, commonly known as radio reading services, for blind and low-vision listeners. The resolution of these issues may affect the availability of certain frequencies for LPFM stations. The Commission will address these issues before granting construction permits in the LPFM service." In other words, applicants beware—the frequency you apply for now may not be valid by the time the Commission acts on your application!
For those still willing to take the risk, the first LPFM filing window will be from May 30 through June 5. Applications for LP100 facilities will be accepted for locations in the following states and territories: Alaska, California, District of Columbia, Georgia, Indiana, Louisiana, Maine, Mariana Islands, Maryland, Oklahoma, Rhode Island, and Utah. The entire country has been divided into five groups, with no two adjacent states in any one group. The order of the group filing windows was determined in a lottery at the FCC in March. The next LPFM filing window is expected to come at the end of August and will include: Connecticut, Illinois, Kansas, Michigan, Minnesota, Mississippi, Nevada, New Hampshire, Puerto Rico, Virginia, and Wyoming.
LPFM applications will be made using FCC Form 318, which is available on the FCC web site or by mail and/or fax at 800-418-FORM. Because all LPFM licenses will be non-commercial, no filing fees will be required. Applications can be filed by paper or electronically. A Public Notice (DA 00-914) was issued at the end of April giving details for filing paper applications. A second Public Notice (DA 00-1175) was issued on May 26 giving details for the electronic filings.
Regardless of the method used for filing, all LPFM applicants should obtain a copy of Form 318 for inspection. The version available for downloading from the FCC site comes as a 24 page Adobe .pdf file. The package includes the form, instructions, and worksheets. With the advent of electronic filing, the worksheets are taking on additional importance. Many of the questions on the form ask for certifications based on the results of the worksheets, and the very first question requires the applicant to certify that the worksheets have been reviewed. Ironically, applicants are not required to file, or even keep, the worksheets. However, smart applicants will keep copies of the worksheets to verify their certifications in case of an FCC audit of their application.
Although the FCC offers many online helps, LPFM applicants should consider the traditional use of a technical consultant and a communications attorney in preparing their applications. These services are not required, and many applications will no doubt be filed without such support. However, good technical and legal advisors can often help applicants avoid serious errors and provide warnings about unforeseen complications. This may be especially true in light of the uncertainty of the exact LPFM allocation standards in the future.
In other areas, the FCC has released its Report and Order (R&O) on Comparative Standards for Non-Commercial Educational Applications (FCC 00-120). The authority Congress extended to the Commission for using auctions to resolve mutually exclusive applications did not extend to Non-Commercial Educational (NCE) applicants. Therefore, the FCC has developed a point system for evaluating which application should be granted in such cases.
The new system will use filing windows for all new NCE stations applications and all applications for major changes in existing NCE stations. Thus, the Commission now totally controls the timing of applications for all new broadcast facilities of any type. Existing stations will be able to file minor change applications at any time, and the Commission has broadened the definition of "minor change" for virtually all broadcast services.
Under the new NCE system, the first determination will be based on a public interest issue. If one of a group of mutually exclusive applications for full service stations provides first or second NCE aural service to a significantly larger population, it will be granted. In such situations, the new point system would not be used. However, if this factor does not determine a winner or if it only succeeds in reducing the number of mutually exclusive applications, the applicants passing this test will be evaluated under the new point system.
Applicants will be awarded 2 points for local diversity if they can show that the principal community contour of the proposed facility will not overlap the like contour of another facility in which the organization has attributable interest. Applicants who cannot claim this credit, but who are part of a state wide educational network can still receive 2 points. An applicant can also receive 1 or 2 additional points for technical superiority if it can show it will cover significantly more area and population than competing applicants. Those applicants who can show they have met the Commission’s standards for a local entity for at least 2 years prior to the filing of their application will receive 3 points. If after all this, there are still competing applicants with an equal number of points, the applicant who had the least number of stations in the same service (FM or TV) at the time of filing will be the winner. If that still doesn’t resolve the matter, the applicant with the fewest pending applications will be the winner. And if all of this fails, the applicants will be awarded an opportunity to broadcast on a time sharing basis.
To prevent applicants from promising one thing and delivering another, winners will be required to maintain any characteristic for which they received points for a minimum period of 4 years. If a winner finds it necessary to sell its facility before the 4 year period is up, it must find a buyer with at least as many points as the seller had. Furthermore, the facility cannot be sold during the 4 year period for more than the "reasonable and prudent application and construction expenses."
Similar rules will be applied to translator applications with minor variations. The Commission will issue a future Public Notice to give details of how information will be collected for existing mutually exclusive applications. The standards set forth in the R&O will be applied to these cases, but not all of the required information was collected when the pending applications were filed.
The other significant issue addressed in the R&O involved NCE applications for commercial channels. The Congressional orders and mandates seemed to contain confusing, if not conflicting, instructions on how to handle such situations. On the one hand, the FCC was directed to auction applications for commercial channels. On the other hand, the FCC was forbidden from using auctions for NCE stations. So, what to do? In the end, the Commission decided that the nature of the allocation should take precedence over the nature of the applicant. This means the Commission will use its auction authority for any channel that could be operated commercially—even if the stations applying for it propose non-commercial operation. To offset this decision, the FCC did establish new procedures for reserving additions to the Table of Allocations for non-commercial service.
Not all of the Commissioners were in complete agreement with the R&O. Commissioners Furchtgott-Roth and Tristani issued a joint statement in which they dissented from the decision to subject non-commercial applicants to auctions when they apply for channels that could be operated commercially. In addition, Commissioner Tristani issued a separate statement to express her dissent that additional points were not given to applicants who promised to provide some threshold level of local programming. Ms. Tristani did vote for the R&O, but expressed her personal dissent in these two specific areas.
The Commission has also issued a Report and Order (FCC 00-115) regarding Class A television service. The Commission has decided to make the move to Class A status a "one time" event for existing, qualified LPTV broadcasters. There will be no ongoing upgrades to Class A status. The R&O provides many details about how the protections between Class A stations and other classes of television stations will be implemented. The issue of converting Class A stations to digital service is also addressed. The Community Broadcasters Protection Act, which imposed its own timetable on the Commission’s proceeding, prohibits the FCC from issuing a Class A license to any station operating on Channels 52-69. Therefore, the Commission is going to allow LPTV and TV translator stations on these channels to file displacement applications.
The FCC has issued a revised FCC Form 302-FM as part of its streamlining of broadcast forms, rules, and procedures. Many of the narrative questions are being replaced with Yes/No certifications. The new form can be filed electronically or in the traditional paper format. The new form, which is the March 2000 edition, is available from the Commission’s web site or by calling 800-418-FORM. As of May 25, the old forms are no longer being accepted. The use of older versions will result in an automatic return.
The Commission has announced the optional availability of electronic filing for the following FCC Forms: 301, 302-FM, 314, 315, 316, and 347. The filing is part of the new CDBS (Consolidated Database System), and is accessed from the Mass Media Bureau’s portion of the FCC web site (www.fcc.gov/mmb). For now, the electronic filing is voluntary—paper copies can also be used in the traditional manner. However, as of October 27, 2000, electronic filing of these forms will become mandatory.
Miscellaneous Matters
The FCC has announced some changes in the way tower light outages are to be reported to FAA Flight Service Stations (FSS). The FSS is now notifying the FCC of any outages that are not repaired within 15 days. In addition, the FSS now cancels the notice of outage to airmen every 15 days. Therefore, tower owners must re-notify the service every 15 days until the outage is repaired. The FSS will be asking for the Antenna Structure Registration number whenever outages are reported. The Commission’s Public Notice announcing the changes (DA 00-580) also requests a visual conformation of the tower lighting problem from tower owners who use remote tower light monitoring equipment before the notification of the FSS.
As we reported in an earlier edition of the newsletter, the Commission has recently revised its Equal Employment Opportunity (EEO) rules. Although we do not work with this part of the rules, we are including the information here as a service to those engineers and/or managers who do need to be aware of these rules. To aid you in understanding and implementing the new EEO rules, the Commission has now established an EEO web site. You will find it under the Mass Media Bureau section at www.fcc.gov/mmb/eeo. You will also find a link under "Division Web Pages" on the Mass Media Bureau’s home page.
Upcoming Matters
The arrival of spring is something most of us joyously anticipate (with the possible exception of allergy sufferers)—especially in the parts of the United States where we have first hand knowledge of winter! The new leaves and grass, the blooming of spring flowers, the planting of gardens and farm fields, all remind us of the cyclical nature of life. Sometimes in the midst of our busy lifestyles, it’s easy to lose our perspective. We hope you’ll find some time to just enjoy the beauty of this season—even if it is behind the handle of your lawn mower! Our wacky editor, Thumbs Feebleman, says he enjoys mowing in the spring because it gives him time to think. Besides, he says no one interrupts him while he’s mowing because they know their hands will fit the mower handle, too!
We thank you for your continuing support of Munn-Reese, Inc. Even though it’s no longer possible to apply for any new facilities outside of a filing window, we can help you prepare for the next window. We can also help you determine the upgrade potential for your present facility—or even one you might be considering as a potential purchase. Please let us know when we can provide you with technical support and services. And if you have great faith in the future of broadcasting, you can even check out the almost 300 commercial FM allocations that are waiting for FCC Filing windows. You can find them, and lots of other information, on our web site at www.munn-reese.com.