© 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 |
July 2001
Munn-Reese Matters
There seems to be a problem keeping our wacky editor Thumbs Feebleman on schedule. We should probably just admit he doesn't keep much of a schedule. He's been muttering something about an extended bout of Spring Fever, but good grief—this is July! Our lawn is turning brown already! The boss can hardly wait to hear his next excuse. In the meantime, he’s been locked in his office until he gets another newsletter done.
Thanks to all of you who have supplied us with your email address. As you already know, we haven’t sent out any "late breaking bulletins" yet, but we’re getting closer to being able to do so. As the amount of electronic distribution we do increases, we are giving some thought to whether the format of the newsletter should be modified. Your suggestions would be welcome. You can email them to thumbs@munn-reese.com. However, you should know that even Thumbs is too bright to take long walks off short piers (even though that’s hard for some of us to believe)!
Our Field Engineer Ed Trombley has been busy making his annual rounds performing occupied spectrum measurements for stations in our area. Although the service is provided primarily for AM stations, operators of FM facilities sometimes ask to have the measurements made while we are in their area. That can be arranged. However, FM measurements require slightly different equipment so be sure to let us know before Ed arrives. If you are on our list, but you haven’t seen Ed yet, do not despair! His measurement schedule is occasionally interrupted by other field work, as well as the need to empty the spectrum analyzer and get the reports written up.
Auction Matters
Remember the LPTV filing window that opened in 2000? In February of this year, the Commission issued a list of "singleton" applications—applications that were not mutually exclusive (MX) with any other applications filed during the 2000 window. In May, the Commission issued a second list of all the remaining MX applications. The list was organized into several hundred groups of applications that were MX with one another. The FCC also announced a settlement window during which MX applicants can either enter into agreements or supply engineering amendments to resolve the exclusivity within the group. Unlike some of the other settlement windows the Commission has made available, the reimbursement restrictions are not being lifted. Agreements and/or solutions must either remove the applicant from conflict with all other members of the group or provide technical solutions that will allow each member of the entire group to be granted. Those applications that remain MX after the settlement window will be designated for Auction No. 81.
The Auction No. 81 settlement window was originally scheduled to run from May 25 to July 24, 2001. However, the Commission received a number of requests from applicants and technical consultants to extend the window another 30 or 60 days. The petitioners noted the large number of groups and the complexity within some of the groups as grounds for extending the deadline. The Commission agreed to extend the settlement deadline to August 23, 2001.
The Commission has delayed Auction No. 31. This is the auction for the 747-762 and 777-792 MHz bands. These frequencies include all or portions of TV Channels 60-62 and 64-67, respectively. The auction had been scheduled for September 12, 2001. However, the Commission said that petitions for reconsideration and clarification of the Third Report and Order in WT Docket No. 99-168, CS Docket No. 98-120, and MM Docket 00-39 have not yet been resolved. No new date was set for Auction No. 31. The Commission simply stated a public notice would announce the revised schedule when the petitions are resolved.
Meanwhile, the Commission has made two more announcements regarding construction permits it is ready to grant from Auction No. 25—once final payment is made. The one announcement included a single FM facility, and the other included a single full power television facility. In case you may have forgotten, the bidding in Auction No. 25 ended on October 8, 1999.
Although the FCC is prohibited from auctioning non-commercial FM spectrum in the reserved band, a settlement window was also offered to mutually exclusive NCE-FM applicants. The window was offered to afford applicants an opportunity to resolve their MX condition through either agreements or technical amendments before proceeding to the point comparison process that has been put in place for NCE spectrum. During this window, agreements were permitted that allowed payments in excess of expenses. The settlement window was originally scheduled to close on June 4. However, a number of petitioners argued for an extension based, among other things, on the difficulty of obtaining usable 2000 Census data for the 307(b) showings. The Commission extended the deadline to July 19, 2001. However, the extension did not apply to non-technical factors, such as establishing credit for being a local entity. Settlement agreements (including payments in excess of expenses), technical amendments, and 307(b) showings were all included in the extension.
Filing Matters
The year 2001 marks the return of the biennial ownership report for most stations. Commercial radio and television stations should use FCC Form 323, and non-commercial stations should use Form 323-E. Use the September 2000 edition of both forms. The forms can be filed electronically or by paper. However, the FCC is urging licensees to use the electronic version, which will have the 1999 data already incorporated. Electronic filers need only log into CDBS and make any necessary changes or certify that the data is correct. There is a fee for commercial stations, which can be paid electronically with a credit card or sent to the Commission’s lock box in Pittsburgh. The filing deadlines corresponds to the renewal filing dates. The deadline is August 1, 2001 for stations in California, Illinois, North Carolina, South Carolina, and Wisconsin. Other states will be due in two-month intervals, and the Commission will issue notices advising the other locations of their filing deadline. Contact your communications attorney for further help or details.
Parents of school age children have "Back to School" expenses at the end of summer. FCC licensees have annual fall expenses, too—they are called Regulatory Fees. This year they are due between September 10 and September 21. You will not want to be late because the Commission imposes a 25% late fee the day after the deadline! This year’s fees will total $200,146,000, which is up 7.75% from last year. The FCC had proposed making the use of an FRN (FCC Registration Number) mandatory, but instead it is only encouraging its use pending the outcome of a pending FRN proceeding. The Report and Order does have a bit of an ominous tone to it. "Although the use of the FRN will not be mandatory for the FY 2001 regulatory fee cycle, we strongly encourage entities subject to the regulatory fee program to use the FRN assigned to them so that their payments (or exempt status) can be properly recorded and tracked. Entities not using an FRN may continue to experience delays in the proper recognition of their payments. As a result, these entities (or the entities on whose behalf the payment is being made) will be subject to billing notices and will need to provide information (e.g. cancelled check or other identifying information) showing that they did, in fact, pay their regulatory fees on a timely basis." Thumbs thinks "Uncle Frank" almost sounds a little too much like "Big Brother!"
If you want all the gory details of how the FCC arrived at the amounts of the regulatory fees, you can download the Report and Order for MD Docket No. 01-76 (FCC 01-196). If you just want to know how much your radio station’s fee is, you can go to the FCC Home Page (www.fcc.gov) and click on the "Fees" link. Along the left side of the page you will see another link to find the fees for AM and FM stations (sorry, TV doesn’t appear to be included). Clicking on that link will take you to a search screen where you can fill in your call sign, city of license, etc. and retrieve the amount of this year’s regulatory fee. However, remember that you will also owe regulatory fees for any construction permits and/or other licenses you may have, such as STL, RPU, and translator facilities.
Commission Staff Matters
Some broadcast stations have a reputation for being "swinging doors"—the staff comes and goes so rapidly it’s hard for long term employees (if there are any) to keep track of who is who. But it’s doubtful your station has had any more turnover in the last couple of months than the Commission has!
In late April, Commissioner Susan Ness announced she would be leaving the FCC by June 1. She became a commissioner on May 23, 1994, and she was the "senior" member among her present colleagues. She issued a statement thanking her staff and colleagues, as well as former associates. Each of her colleagues also issued a statement praising her dedication to public service and wishing her well in her new endeavors. At her final Commission meeting on May 10, she made a speech in which she again expressed warm appreciation for all with whom she had served at the FCC.
Also leaving the FCC is Commissioner Harold Furchtgott-Roth. He issued a brief statement to announce he would be joining the American Enterprise Institute as a visiting fellow. While there, he expects to write a book on telecommunications policy and pursue other interests.
One Commissioner who is expected to stay longer is Chairman Michael Powell. President Bush has nominated him for a second term. He issued a brief statement expressing his gratitude for being renominated and enthusiasm for continuing his work at the FCC. Before she left, Commissioner Ness issued a warm congratulatory statement.
Three new Commissioners have been appointed since our last newsletter. The term for Commissioner Kathleen Q. Abernathy will run until June 30, 2004. She has worked in the area of government affairs and regulations for telecommunications firms in the private sector—BroadBand, Inc., U.S. West (now known as Qwest Communications), and AirTouch Communications. She was also a partner in the Washington, DC law firm of Wilkinson Barker Knauer, LLP. In addition, she has previously served at the FCC as a legal assistant to former FCC Commissioner Sherrie Marshall and Chairman James Quello.
The term for Commissioner Michael J. Copps will run until June 30, 2005. Mr. Copps most recently served as Assistant Secretary of Commerce for Trade Development at the US Department of Commerce. He first went to Washington in 1970 to serve on the staff of Senator Ernest Hollings and spent a dozen years as his Chief of Staff. He has also held positions at Collins and Aikman Corporation and the American Meat Institute. He was a US History professor at Loyola University of the South before going to Washington DC.
The third new member is Commissioner Kevin J. Martin whose term will run until June 30, 2006. His background is both political and legal. He was Special Assistant to the President for Economic Policy. He served on the Bush-Cheney Transition Team and served as Deputy General Counsel for the Bush campaign. Before becoming associated with the Bush campaign, he served as an advisor to FCC Commissioner Harold Furchtgott-Roth. His past legal experience includes serving in the Office of the Independent Council, being an associate at the Washington DC law firm of Wiley, Rein & Fielding, and serving as a judicial clerk for US District Court Judge William M. Hoeveler at Miami, FL.
There have also been some broadcast related staff changes at the Commission. Linda Blair has served as Chief of the Mass Media Bureau’s Audio Services Division since October of 1995. She is now moving to the position of Associate Chief of the Enforcement Bureau. Taking her place as Chief of the Mass Media Bureau Audio Services Division will be Peter Doyle. Mr. Doyle has served as Deputy Chief of the Audio Services Division since 1998.
Enforcement Matters
The latest list of Enforcement Actions (DA 01-1644) issued by the FCC includes many of the old familiar favorites—EAS violations, logging and public records violations, chief engineer agreements, operating power and parameters, etc. Among the newer broadcast related items seen were Notices of Violations for radiofrequency radiation exposure limits and equipment performance measurements. One whole section is devoted to licensees, not all of whom are broadcasters, who failed to post antenna structure registration numbers.
A Virginia AM station has been fined $3,000 for failing to register a four-tower array. Posting the registration numbers is the least of their problems!
Meanwhile, the Commission continues to prosecute unlicensed operators—although with a lower degree of visibility than in recent years. A California man has been issued a $10,000 forfeiture notice for operating an unlicensed amateur radio station. On the other side of the country, FCC agents in the New York area have grown tired of enforcement actions against the operator of an unlicensed FM station operating in the non-commercial portion of the band. The FCC issued orders to cease operation on numerous occasions. Twice they worked with other federal agents to seize his equipment. When all that failed, FCC agents finally teamed up with the United States Marshals Service and the Office of the US Attorney for the Eastern District of New York and had the man arrested. A Florida man had his licenses revoked in other services, including his amateur radio license, because he was found to lack "the basic character qualifications to be and remain a Commission licensee." The finding was based, in part, on his "pirate radio" activities.
Miscellaneous Matters
Have you looked at the FCC web site lately? If you’ve visited the site since Monday, July 16, you don’t need Thumbs to tell you significant changes have taken place! The FCC issued a News Release on July 13, announcing that the web site would be redesigned for the first time since June of 1999 and only the second time since it began in 1996. The Commission says that between now and the end of September, the site will be completely redesigned to "make it easier for users to obtain FCC information." Maybe so, but Thumbs has a problem. He knew where to find most of what he was looking for on the old design, but he can see there will be a significant learning curve for the new design. One of the improvements promised is an expanded and improved general search function. Thumbs is hoping for the best. It would be an exaggeration to say that Thumbs has had more than very limited success with the current search system.
Even before the web site redesign was implemented, the Wireless Telecommunication Bureau (WTB) had announced two significant developments. First, WTB announced that all wireless services have now been incorporated into its Universal Licensing System (ULS). The WTB has been one of the leaders in developing online filing and data availability. The ULS database now contains more than 2,000,000 active licenses! Secondly, WTB has announced a trial run of a language translation service. Using the Alta Vista Translation box, users can now request translation into Spanish, French, German, and Italian. Because the project is experimental, the WTB is asking for comments from users of the system. Users are being offered an optional survey to collect comments on the accuracy of the translation. By the way, Thumbs is not allowed to use this new feature—he has enough trouble with the original English version!
The FCC has released a 2001 edition of the Emergency Action System (EAS) Handbooks. Separate handbooks are available for radio, television, and cable operators. The most significant change is the deletion of references to "Authenticator List." The lists were discontinued in 1998. A copy of the appropriate handbook is required (by §11.15) to be available to duty operators. For compliance purposes, the 1997 or 1998 versions are also acceptable. The 2001 versions can be downloaded from the Enforcement Bureau’s web site—www.fcc.gov/eb/eas. Links are available on the home page of the new design for the Enforcement Bureau. Once there, other links will take you to the EAS section and the handbooks. The files are in .pdf format, which requires the free and ubiquitous Acrobat Reader program.
Upcoming Matters
Although we have not seen any direct information on the FCC web site, other sources tell us the Courts have overruled the Commission’s plan to have non-commercial entities bid in the auctions when competing for commercial frequencies. This may account for the mysterious "administrative convenience" mentioned in the announcement delaying Auction No. 37. If that is the reason, it’s anyone’s guess how or when the Commission will be able to resolve the problem. However, Thumbs advises you not to hold your breath.
In the meantime, we continue to maintain the list of allocations that are anticipated to be in Auction No. 37. The list does change a bit from time to time. A few of the allocations have been moved to alternate channels to allow other existing stations to upgrade. Obviously, a change in channel can have an effect on the open area that is available to place a transmitter site. You may want to make periodic checks on any allocations for which you anticipate bidding. You’ll find the list on our web site—www.munn-reese.com.
You will also find a list of over 150 allocations that are the result of commercial rulemaking proceedings since the selections were made for Auction No. 37. Although these are not expected to be auctioned until after Auction No. 37, you will be able to get some idea of the allocations that will be available—eventually.
We continue to thank you for you using Munn-Reese, Inc. as your technical consultants. We appreciate your business and friendship. We also hope you’re finding time to enjoy the warmth and beauty of the creation that is displayed in summer.
© 2001 – Munn-Reese, Inc. – Unauthorized Reproduction is Prohibited