As we write this edition of the newsletter, July is drawing to a close, and like you, we are trying to find time to do all those things we were going to do "next summer!" Somehow summer always seems to go faster than our project lists. However, this is the time of year to plan all those outdoor activities that are made easier by the nicer weather. This is an ideal time of year to catch up maintenance at your transmitter site—be sure the field around the tower is mowed (especially for AM stations where brush and trees can ruin the ground system), repair tower fences and gates, be certain locks are in good working order and can be easily opened with the right key, make certain RF Radiation warning signs are properly posted, etc. In traveling to many stations throughout the year, our field engineers often observe that transmitter sites that are operated by remote control often receive less attention than sites that include studios. Now is the time to cure the "out of sight, out of mind" syndrome and be certain your transmitter site is prepared for the upcoming winter months.
Our chief Field Service Engineer, Ed Trombley, is keeping busy making AM occupied spectrum measurements. For him, summer is the time to renew his friendship with our spectrum analyzer and refine his insect swatting techniques! At press time, most of the measurements in Michigan had been completed, and he was preparing to start measurements in some of the surrounding states. Our summer intern, Kyle Reese, has been helping Ed get the reports written up and sent to clients. If you are on our list for measurements and haven’t heard from us yet, please be patient. You should be hearing from Ed and/or receiving your report in the next few weeks.
Pirates Walk the Plank!
Just after our June newsletter went to press the US District Court for the Northern District of California issued a ruling in the case of Stephen Dunifer and his "Free Radio Berkeley." Many "pirate" radio station operators were looking to this case as their "authority." However, the Court’s 18 page decision reaffirmed the FCC’s authority to regulate broadcasting and permanently enjoined Mr. Dunifer and his colleagues from operating without a license. This is how the ordering clause from US District Judge Claudia Wilken read, "The United States motion for summary judgment must be GRANTED. Accordingly, Mr. Dunifer, and all persons in active concert or participation with him, are hereby ENJOINED: (a) From making radio transmissions within the United States unless and until they first obtain a license from the FCC: (b) From doing any act, whether direct or indirect, to cause unlicensed radio transmissions or to enable such radio transmissions to occur." In upholding the constitutionality of the FCC’s authority, the decision said, "The Court finds that the regulatory scheme here withstands constitutional scrutiny because it specifies procedures which the FCC must follow and it provides for judicial review of any improper FCC ruling. Thus, Mr. Dunifer’s claims that the regulations are unconstitutional in every conceivable application and that they are overbroad must fail."
With the Dunifer ruling now in hand, the Compliance and Information Bureau (CIB) has been moving to shut down a number of pirate operations. Commission agents were joined by US Marshals in executing a warrant against an illegal Philadelphia operation and seizing their unlicensed equipment. The facility was variously known as: "West Philadelphia Pirate Radio," "WPPR," or "Radio Mutiny." The CIB reported measuring the station’s 91.3 MHz signal at more than 100 times the maximum level allowed for unlicensed operations.
Another US District Court, this one in North Dakota, granted a government motion against an unlicensed operation in Tioga, ND. The court said it was persuaded by the reasoning in the United States vs. Stephen Dunifer case reported above. The North Dakota operator had challenged the FCC’s regulatory authority on constitutional grounds. He readily admitted to not having applied for a license. He also admitted to having operated without a license. However, he claimed the FCC’s rules and policies regarding low-power broadcast stations were unduly restrictive of his First Amendment rights. He also challenged the Commission’s procedures for handling applications. The Court, however, rejected his arguments.
The FCC won another similar ruling against the operation of "Oldies 104.7" in the Township of Howell in New Jersey. The station was also known as "WFHR." The Commission had seized the station’s equipment in September of 1997, however, the station continued to operate. US District Judge Katharine S. Hayden issued a Letter-Opinion and Order in which she found that the Commission’s "unopposed arguments" were "persuasive" and that the government was entitled to a judgment as a matter of law.
With each release, the FCC continues to remind pirate operators that violators can be subject to penalties of up to $11,000 a day plus potential seizure and forfeiture of equipment used in unlicensed operations. In addition such illegal operators can be fined up to $100,000 and/or imprisoned by the Department of Justice. It should, therefore, come as no surprise that the FCC urges all remaining unlicensed stations to voluntarily cease their illegal broadcasts.
Other Enforcement Actions
The Commission has affirmed a "Notice of Liability" against an Illinois AM station. The station was assessed $13,000 for failure to move an unsuitable monitoring point and failure to maintain the field intensity at their daytime monitoring points within the authorized limits. The station was given 30 days to appeal the forfeiture but did not respond. Therefore, the Commission affirmed the amount and let it stand as originally issued.
Another broadcaster was fined $8,000 for willful and repeated violation of §11.35 of the Rules, which deals with having EAS equipment available and operational. Regardless of your opinion of the merits of the new Emergency Alert System, it is obviously cheaper to install operating equipment than to get caught without it!
Commission Matters
Congress has dictated a 7% increase in the amount of regulatory fees the FCC must collect in Fiscal Year 1998. This brings the grand total to $162,523,000. As you might expect, the Commission has been busy figuring out how much your "contribution" will be! The fees are becoming more cost-based, and thus, some fees have gone up and some have gone down. Here are a few ranges to give you a feel for the amounts: (a) AM stations range from $200 for a rural Class C (local channel) to $4,000 for an urban Class A (clear channel); (b) FM stations range from $250 for a rural Class D to $4,000 for an urban Class B, C, C1, and C2; (c) VHF TV’s range from $2,525 for a construction permit to $37,575 for the top 10 markets; (d) UHF TV’s range from $1,075 for markets below 100 to $14,175 for the top 10 markets; (e) LPTV and FM Translators are $265; and (f) Broadcast Auxiliary licenses (STL, RPU, etc.) are $11. Many of the fees are dependent on the size of the station’s market or audience. Fees are due beginning September 14, 1998 and ending September 18, 1998. A 25% penalty will be added for those who pay late. Contact your attorney for help in determining the exact fees for which you are responsible.
As part of its ongoing move towards increased use of electronic filings, the Commission has issued a Notice of Proposed Rulemaking (NPRM) seeking comments on a system for obtaining call signs electronically. Under the proposed system, existing licensees and holders of construction permits could apply for new or modified call signs using the Commission’s Internet web site. Users of the system could inquire about the availability of a given call sign, and instantly reserve it (assuming it is available). Call signs would be held pending the arrival of any required payments. By using the electronic web form, the Commission can be sure the form is filled out correctly before accepting it. Problems with someone else’s request arriving while yours is still in the mail would be a thing of the past. Some safeguards would be built in to prevent others from changing your call sign for you. Comments are being sought on whether such a system should be mandatory or "permissive"—and if mandatory, whether it should be phased in over some period of time.
Television broadcasters will want to examine an NPRM issued by the Cable Services Bureau of the FCC, Docket No. 98-120. The NPRM deals with a number of DTV issues including: compatibility of digital equipment, what cable systems should be required to carry during the transitional period to DTV services, what cable systems should do with any ancillary services carried by DTV stations, and whether small systems should also be required to carry DTV signals—among a host of other issues.
What the Commissioners Are Saying
Commission Chairman William Kennard has issued a statement on the settlement of the Stephen Dunifer case. Obviously, the Chairman was pleased with the Court’s decision. He said, "This decisive court action puts to rest any doubts about the FCC’s authority to manage the public airwaves to prevent interference and protect the public’s safety." "The permanent injunction in the Dunifer case, and the FCC’s success in the last two years in shutting down over 200 pirate stations, should send a message to all pirate broadcasters: obey the law - and join the FCC in our efforts to expand the legal uses of the public airwaves."
A meeting between Chairman William Kennard and a group of broadcast industry leaders took place recently. The goal was to discuss ways to increase the number of women and minorities in broadcasting. Following the meeting, Mr. Kennard said, "This dialogue today was a follow-up to discussions I had with broadcast industry leaders at the National Association of Broadcaster’s Convention in April, when I issued a challenge to the broadcast industry to come up with their best ideas to promote ownership, management and employment for minorities and women in their industry." He also said, "I am concerned by the decline of minority participation in the media, particularly when the jobs, future growth and the backbone of our nation’s economy will be increasingly dependent on telecommunications and information industries."
Miscellaneous Matters
In order to comply with one of the GSA Federal rules, the FCC has officially renewed the Emergency Alert System National Advisory Committee. The new term for the committee will run from July 25, 1998 to July 25, 2000. The committee advises the FCC on all issues related to the Emergency Alert System (EAS). In general, it "interfaces, coordinates, and exchanges information with the public, industry, and various levels of government concerning the EAS."
For those who are having trouble finding enough reading material, the FCC’s 63rd Annual Report is now available from the Government Printing Office. The report covers the time period between October 1, 1996 and September 30, 1997. If you just can’t wait for the GPO to ship one to you, an electronic version is also available on the Commission’s web site.
If the last report still didn’t satisfy your quest for knowledge, you can also get the Inspector General’s most recent Semiannual Report to Congress. This one covers October 1, 1997 to March 31, 1998. The FCC Chairman recently sent copies to the appropriate Congressional Committees, and now you can have your very own copy by either contacting International Transcription Services (202-857-3800) or looking for it on the Internet at <www.fcc.gov/oig.html>. Actually, our wacky editor, Thumbs Feebleman, is wondering if the government might have over-estimated his available time for reading reports!
Upcoming Events
Starting this month, we are going to move the FM Window openings to our web site. As of press time, they were not posted yet, but we hope to have them there shortly. There is still no official word on when the new auction rules might be ready. Some rumors are now saying action is imminent. Others are saying court challenges may make the process much longer than we had all originally hoped—but only time will tell us for sure. The bottleneck appears to be how to level the playing field for women and minoritites.
You can find our web site at <www.munn-reese.com>. Our newsletters are posted there, too. So if you happen to need something from a back issue and can’t remember where you "stored" it (or the janitor already emptied your "storage" container!), you can find it at our web site—at least for several months! You can also contact us by e-mail: Wayne’s address is <wayne.reese@munn-reese.com>, Ed can be reached at <et&t@munn-reese.com>, and Don’s address is <don@munn-reese.com>. If you’re not into e-mail, our phone circuits still work fine, too!
As we end July and prepare to start August, we hope you are having a wonderful summer season. We also hope you’ll be able to find time to enjoy this beautiful season just a bit before the busy fall quarter begins. May the remainder of your summer be relaxing and prosperous.