The FCC is seeking comment on a number of proposed technical rule changes for the FM Broadcast service. As yet, we have not had a chance to review the exact wording of the Notice of Proposed Rulemaking (NPRM), but the news release announcing the action provided the following information:
- The rule prohibiting contingent applications would be modified. Currently, the rules prohibit the filing of a technical application which is dependent on the grant of a second, pending technical application for another facility. The Commission is purposing that up to four contingent applications for FM minor changes be allowed. However, if the Commission finds that any of the inter-related applications cannot be granted, or is not in the public interest, all of the contingent applications would be dismissed.
- The Commission is also proposing to allow FM stations wanting to expand their service areas to enter into negotiated interference agreements with other stations. Such agreements would have to meet several requirements regarding: (1) the amount of increased service vs. the amount of new interference, (2) the total amount of interference any one station could receive, (3) where the interference could or could not occur, and (4) how many services would continue to be available within the area receiving the new interference.
- New rules regarding the use of point-to-point FM signal propagation models have also been proposed. These techniques may be allowed where they show a contour falling short of the contours predicted by the conventional curves. The use of such models to demonstrate the presence or absence of city grade coverage has also been proposed.
- Some Class C FM stations might be downgraded to a new Class C0 (C-zero) status. The proposal calls for the division of Class C stations into two divisions—those with an HAAT (height above average terrain) between 300 and 450 meters, and those with an HAAT between 451 and 600 meters. Present Class C stations would be given three years to upgrade before any C0 downgrades would occur.
- The NPRM extends "first come/first served" status to minor change applications for AM, NCE FM, and FM translators. The proposal would also expand the scope of permitted one-step licensing to include antenna structure coordinate corrections and translator/booster station power decreases.
- Another proposal would substantially overhaul the Class D rules and licensing procedures.
These are only proposals at this point—not rule changes! Public comment will be sought on the proposals before the Commission finalizes the actual rules. Several minor rule changes were adopted, but most dealt with "house-keeping" issues such as address changes and rule clarifications.
- The deadline for filing comments on the broadcast ownership rules has been extended. At the request of the National Association of Broadcasters, the Commission moved the deadline for filing comments from the original date of May 22, to July 21. The deadline for filing reply comments has been moved to August 21.
- In its continuing effort to implement DTV in a timely manner, the Commission has created a DTV Tower Strike Force. The group, chaired by Commissioner Susan Ness, will work with local authorities and broadcasters. In order to provide DTV service, many television broadcasters will need to make structural modifications of their towers. These modifications will need approval from various state, county, and local authorities in order to obtain building permits, zoning approval, etc. The News Release announcing the strike force said, "The Commission’s DTV Tower Strike Force will make Commission staff available to aid local authorities and broadcasters by providing expedited answers to questions related to the process of assessing tower modification or construction and to facilitate the deliberations of reviewing entities." The Commission is hoping to have 24 DTV stations in the top 10 markets operational by this November. To aid in obtaining the local permits, the FCC is encouraging DTV applicants to file a copy of their Form 301 (Application for a Construction Permit) with the local authorities as well as the FCC.
- For those television broadcasters who are not completely occupied with DTV, the Commission has issued a release on Children’s Television Commercial Limits. This is an area that accounts for many of the fines issued to TV licensees. The release illustrates how easily a children’s program can qualify for the unwanted title of "program length commercial." A cereal commercial offering a free character from the "Ducktales" show that was aired during a "Ducktales" show was enough to qualify for the title, "program length commercial." You can check out the full details of the release, DA 98-950, on the Commission’s web site.
- The Office of Business Opportunities and the Wireless Telecommunications Bureau are teaming up to present the annual spectrum auction conference at the end of June. We note with interest that one of the sessions is titled, "Broadcast Opportunities: Proposed broadcast auctions and related opportunities." However, there still is no official word on when we might see the FCC’s revised rules for handling mutually exclusive applicants.