© 2001 – Munn-Reese, Inc. – Unauthorized Reproduction is Prohibited
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
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Telephone: 517-278-7339 |
Internet: www.munn-reese.com |
Fax: 517-278-6973 |
May 2001
Munn-Reese Matters
- True to form, Thumbs Feebleman, our wacky editor, had good intentions of writing another newsletter before now. Unfortunately, his intentions were never quite transformed into action! Meanwhile, Thumbs found the last couple of months to be quite "taxing." For a while, he worried he might be reduced to wearing a barrel after the IRS finished with him. Being an engineer, Thumbs really wasn't worried about what kind of fashion statement the barrel might make. However, he was very worried about the absence of a lap for his laptop. How would he reach the keys or see the screen? There wouldn't even be a place for his pocket protector or his PDA! Fortunately, his "contribution" worked out to be something manageable, and he is in a much better mood now.
- Do we have your email address? We are making a major effort to switch as many readers as possible to email distribution. We are hoping to begin sending brief email updates of fast breaking FCC stories to our friends and clients. Sometimes the schedule does not permit the preparation of a full newsletter, even though there may be important stories to communicate. A brief email could alert you of FCC news, proceedings and/or deadlines that might be time sensitive to your operation. We will not sell your email address to others. Let us know if you would like to be added to the email distribution list.
- When our Field Engineer, Ed Trombley, isn't in the field, he often handles STL and RPU applications for our clients. Over the past several years, the FCC has moved these applications and licenses from the Mass Media Bureau to the Wireless Telecommunications Bureau. They are now part of the Universal Licensing System (ULS). Ed wants to remind readers of a couple of changes you may have either missed or forgotten. All ULS applications are now filed electronically. However, a successful application gets an authorization to build an STL facility, but not a license. To obtain a full license, you must inform the FCC when you have completed construction. Failure to do this will result in the initial authorization being cancelled. This is similar to the construction permit and license-to-cover applications that are used for full service stations. But, this is a change from when you only needed to file a single STL application to get a full license. Ed has also discovered that the new ULS system doesn't know how to handle digital STL systems. Until the ULS develops an emission designator for these systems, digital STL applications are being held in limbo. Call Ed for the details—it’s bureaucracy at its best!
Commission Matters
- Since our last newsletter, the Commission has been busy releasing several Public Notices and Orders that relate to broadcasting. So here is our rundown of the list. There’s something here for everyone!
- At the end of February, the FCC released an MO&O (Memorandum Opinion and Order) affirming and clarifying its new comparative selection policies for groups of mutually exclusive non-commercial educational applications. In Appendix D, the document (FCC 01-64) lists approximately 500 groups of mutually exclusive applications. These include full-service radio and television facilities, as well as radio translators. With the rules finalized, the Commission then released a Public Notice (DA 01-729) that announced a June 4, 2001 deadline for filing either settlements or supplements. Applicants who do not file one or the other will be thrown out.
- Two kinds of settlements are being accepted. The first includes buy-outs of other applicants, and the Commission has temporarily removed the cap on monetary settlements set forth in §73.3525(a)(3). This remains in effect until the June 4 deadline. Settlement agreements must be universal—they must resolve all applications within the mutually exclusive group. These agreements can be filed by both radio and television applicants. A second type of settlement, which is only available to radio applicants, involves technical solutions to resolve conflicts. These settlements take the form of a minor change amendment to one or more applications that will resolve the mutual exclusivity with all other applicants without creating any new conflicts. Members of each of the listed groups are being urged to contact one another to see if they can reach a settlement before the June 4 deadline.
- Those applicants who are not able to file settlements will need to file supplements. Form 340 is available for full service radio and television applicants, and Form 349 is available for FM translator applicants. The supplement forms are used to collect the data necessary to make the Section 307(b) determinations and calculate the total number of points for each application. Population calculations require the use of 2000 Census data and must be done using the block centroid method. Our office has recently acquired the 2000 Census data, and we can perform block centroid counts. Supplement forms must be filed using the paper format. The Public Notice contains additional details regarding where to file, how many copies to file, etc. Applicants are urged to begin the process as quickly as possible to avoid the inevitable rush once June 1 arrives! You will want both your communications attorney and your technical consultant involved in this process.
- When we last wrote to you, we were expecting a temporary freeze on FM minor change applications from March 7-19 in preparation for Auction No. 37 on May 9. On March 7, the FCC issued a Public Notice (DA 01-619) announcing the auction had been delayed—again—until December 5, 2001. The reason given for the delay in the Public Notice was "administrative convenience." Thumbs wonders if you remember when we were told how much faster and more efficient auctions would be?
- Auction No. 37 is to be the first "open" commercial FM auction for new applications since the competitive bidding rules took effect although the Commission has held some "closed" broadcast auctions for existing, pending applications. Recently, the FCC announced it was prepared to grant 3 more broadcast construction permits from Auction No. 25 once the final payment is received from the winning bidders. Auction No. 25 ended on October 8, 1999.
- There have also been additional developments on the Low Power FM (LPFM) scene. The Commission has released a Second Report and Order (FCC 01-100) in which it implements congressional directives regarding third adjacent channel protections and those who have previously operated unlicensed stations. As expected, the FCC Rules are being amended to add a spacing requirement for third adjacent channel protections. These protections have been developed using the same methodology that was used to develop full-service spacing requirements. The R&O also addressed the issue of what constitutes a "minor" amendment to a pending LPFM application. It concludes that site changes of less than 2 kilometers for LP100 stations will be considered "minor." Channel changes will be considered "major" changes for pending applications—although such changes will be considered "minor" once authorizations are issued. After all LP100 filing windows have been completed, a window will be opened for filing "major" amendments to pending LPFM applications. Thus, applications filed during the first two windows that did not meet the third adjacent protection requirements will be given an opportunity to file "curative" amendments.
- The Second Report and Order also modified the restrictions for LPFM licensees regarding previous unlicensed operation. The original Report and Order had allowed some limited exceptions for those who had engaged in unlicensed operation if they had ceased their illegal operation in accordance with specific guidelines. However, Congress specified that no one who has previously operated an unlicensed facility is eligible for an LPFM license. The Second Report and Order is careful to point out that this includes any previous unlicensed operation—not just those who were caught! Those who certify their eligibility in this regard, and are later found to have engaged in unlicensed operation, will be subject to application dismissal and/or license revocation, as well as additional penalties and sanctions.
- To speed up the LPFM filing process, the FCC has decided to combine LPFM Filing Windows 4 and 5. In a Public Notice (DA 01-904), the Commission announced it would accept applications for LP100 facilities with transmitter sites in the following states and territories: Alabama, Arizona, Arkansas, Florida, Guam, Iowa, Kentucky, Massachusetts, Montana, Nebraska, New Jersey, New Mexico, North Carolina, North Dakota, Oregon, Pennsylvania, Tennessee, Texas, US Virgin Islands, Vermont, Washington, and West Virginia. Applications will be accepted from June 11-15, 2001. All applications must be filed electronically on Form 318 and must be conformed to the rule changes noted above in the Second Report and Order.
- For AM broadcasters, the Commission has released the long-awaited Report and Order and Further Notice of Proposed Rulemaking (MM Docket No. 93-177, RM-7594, FCC 01-60) on AM Directional Antenna Systems. In general, the FCC relaxed many of the rules that have made AM directional antenna systems so expensive to build and maintain. In most cases, both the number of radials and the number of points per radial are reduced for both full and partial proofs of performance. For many stations, the last full proof is now several decades old. Therefore, the measurement points have become difficult, if not impossible, to find. To benefit these facilities, partial proofs will now be allowed using both directional and non-directional field strength readings at a new or modified series of measurement locations. Monitoring points will continue to be required, along with a photograph and description of the point location. However, the need for a map and driving instructions is being eliminated. Although not yet implemented, the Commission is working on a universal electronic form for filing field strength measurement data. This will allow electronic filing and retrieval of the data.
- A number of other changes are also addressed in the Report and Order. Base Current meters will no longer be required for stations with approved sampling systems. However, the Commission, and many of those commenting in the proceeding, noted that these devices do provide useful information for troubleshooting arrays when there are problems. The requirement to make antenna resistance measurements and common point impedance measurements over a range of frequencies has been eliminated. In addition, the common point reactance is no longer required to be at or near zero ohms. This acknowledges that many transmitters operate more efficiently when a small amount of reactance is present. We would certainly recommend that impedance measurements be made over the ±10 kHz range to get an accurate picture of the load the transmitter is seeing in the modulation sidebands.
- As a final matter, the Report and Order addressed the matter of critical arrays. Critical arrays are systems for which the FCC designates tighter than normal tolerances based on predicted pattern stability. However, the designations have never been uniformly applied. The Commission recognized this inequity. It also supported the comments of those technical consultants who suggested that the degree of precision in predicted pattern stability or nighttime propagation was not sufficient to support the tolerance levels being specified for critical array parameters. Therefore, the Commission has dropped all critical array designations and will no longer issue any new ones.
- The new AM directional rules are scheduled to take effect on May 25, 2001. The official notification appeared in the April 25 edition of the Federal Register. The Commission also invited further comments regarding the computer based modeling of directional arrays. Comments on the NPRM portion are due on July 9, 2001 with reply comments due on September 7, 2001.
- The Commission has issued an NPRM (Notice of Proposed Rulemaking designated as FCC 01-91) regarding the reallocation of TV Channels 52-59. The Commission anticipates auctioning this spectrum for new uses by September 30, 2002 to comply with the Balanced Budget Act of 1997. However, incumbent TV broadcasters who have been assigned channels in this portion of the spectrum are allowed to continue using those channels until the completion of the transition to DTV. The transition is scheduled for completion by the end of 2006. However, the Commission is required by statute to extend the transition on a market-by-market basis if "one or more of the four largest network stations or affiliates are not broadcasting in digital, digital-to-analog converter technology is not generally available, or 15% or more television households in the market are not receiving a digital signal." The Commission estimates there are 100 analog and 165 digital TV incumbents assigned to Channels 52-59, which translates to about four times as many broadcasters per channel as Channels 60-69. Among other things, the NPRM proposes to apply the same volunteer "band clearing" policies to Channels 52-59 as have been implemented for Channels 60-69.
- In the meantime, twenty-three stations have successfully requested an extension of their DTV build-out deadlines. The Commission found that each of the stations had a valid reason for needing the additional time. Some extensions were granted for three months, and others were granted for six months. Commissioner Furchtgott-Roth issued a dissenting statement. Here are a few excerpts. "I dissent from this Order because the Commission has given the affected television stations an unreasonably short period of time in which to construct their digital facilities. … Such factors as zoning approvals, construction crew shortages, and inclement weather, are not conducive to government mandated timetables, and in any instance, are not within the control of the broadcast community." "I find that a longer extension, perhaps up until May 2002, should have been chosen instead. … In any instance, the grant of a longer extension would not harm the public as few television households now have digital television sets." "Finally, I note that the impracticable DTV build-out schedule is the result of Soviet-style central planning implementing by past administrations. Marketplace forces and all other reasonable considerations normally observed in the development of new technologies were cast aside in the long march toward industrial policy. DTV is a wondrous innovation and it should evolve on its own terms and timetables, not those set by the government." Did we mention that Commissioner Furchtgott-Roth is not seeking re-appointment?
- The Commission has issued an NPRM (FCC 01-88) that seeks comments on various amendments to the Emergency Alert System rules. The NPRM comes in response to rulemaking petitions filed by the National Oceanic and Atmospheric Administration (NOAA), the National Weather Service (NWS), and the Society of Broadcast Engineers (SBE). In addition, the FCC is proposing to delete all references to the now-defunct Emergency Action Notification (EAN) network. It also proposes to exempt international high frequency (short wave) stations from the requirement to purchase and install EAS equipment.
- Last, but not least, a Notice of Proposed Rulemaking (FCC 01-92) has been issued seeking comments on revision of various broadcast auxiliary service (BAS) rules. Among other things, the NPRM proposes to allow the use of digital technology in portions of the BAS spectrum. Some of the frequencies used by BAS are also shared with other services. Where this is the case, the NPRM proposes to amend and conform certain technical rules, such as transmitter power and emission limits, for all of these services. Presently, these factors may be dependent on which rules were used to license the transmitter.
Miscellaneous Matters
- The Commission has announced the availability of the October 2000 edition of the Rules, a.k.a. Title 47 of the Code of Federal Regulations. These are the paperback books available from the Superintendent of Documents at the Government Printing Office. Credit Card orders can be placed at 202-512-1800. There are multiple volumes to Title 47. Most broadcasters will need two volumes. One covers Parts 70 to 79, which contain the rules for broadcast stations and broadcast auxiliary stations. The other is for Parts 0 to 19, which contains practice and procedure (including RF radiation rules), EAS rules, and antenna structure marking and lighting rules, among other things. Each of these volumes is $54.00. Although this is probably the most economical source of rules, these volumes do not contain any rule changes made after October 1, 2000. Other commercially available rule services that supply periodic updates are available. You may want to compare prices and determine how important rules updates are for your operation before you select a source. By the way, TV and FM translator licensees are required to have a current copy of the rules. (See §74.769 and §74.1269.)
- The fiscal year 2002 budget requested $248,545,000 for the FCC. This is about an 8% increase over the 2001 appropriation. Almost $11,000,000 of the increase is earmarked for replacing outmoded computer equipment, maintenance of electronic filing systems, and productivity enhancements to the Commission’s information infrastructure. The staffing level for 2002 will be 1,975 full-time equivalents. It’s just hard to find words to express how much better this makes Thumbs feel about his IRS "contribution!"
- The Commission has also proposed revised regulatory fees for 2001. Numbers for specific categories are contained in the NPRM (FCC 01-97). It will probably not surprise anyone that the general trends are upward! There are few categories that either held the same or declined, but not many.
Upcoming Matters
This is the point in the newsletter where we usually remind you to check the FM allocations on our web site for the upcoming auction. It’s hard to know whether we should stop mentioning it to see if that would actually bring the auction. Or, perhaps we should just make it a permanent part of the boilerplate because it appears we’re always going to be anticipating the FM auction! For those who are eternally optimistic, our web site contains, not only the list of allocations scheduled for Auction No. 37 (whenever it may be!), but also the growing list of allocations that are waiting for some future auction after Auction 37.
Here in the Midwest, spring is trying to come. It’s made enough visits to give us hope that it may come to stay—hopefully sooner, rather than later! It serves as a reminder that the season for outdoor work will soon be upon us. We are anticipating a busy summer schedule. Now is the time to start scheduling occupied spectrum measurements, transmitter site maintenance (including mowing fields), site improvements, and field strength measurement programs.
We expect to begin making the annual AM NRSC measurements in June and July. Please contact us right away to be included on the list. As in previous years, a special package price is available for those stations we can group together on our annual "tour."
As always, we thank you for your continued use of Munn-Reese, Inc. as your technical consultants. We hope to continue a good working relationship with each of our friends and clients.
© 2001 – Munn-Reese, Inc. – Unauthorized Reproduction is Prohibited