May 2021 Increases Proposed for Noncommercial FM 2021 Regulatory Fees Filing Window Will Be The FCC has begun the mandatory process of collecting November 2 – 9 regulatory fees for the fiscal year ending September 30, 2021. Congress has instructed the Commission to offset its operating The FCC’s Media Bureau has scheduled a filing window costs this year by collecting $374 million from the entities that from November 2 to November 9 (closing at 6 p.m. Eastern it regulates. By comparison, the figure collected for fiscal year Time) for applications for new noncommercial FM stations 2020 was $339 million. The FCC has no discretion about the and applications for major changes to such stations. This total amount that it must collect. However, it does have the action was announced in a Public Notice (DA 21-463). This filing ability to decide how much to charge the various categories window will be limited to proposals for stations in the portion of its regulatees. The proposals for how to divide the burdens of the FM band reserved for noncommercial broadcasting, for this fiscal year are set out in Notice of Proposed Rulemaking from 88 MHz to 92 MHz. The Bureau announced that it (FCC 21-49) in Docket 21-190. would provide additional detailed information about filing Under the FCC’s proposal, fees will be calculated on the procedures and requirements in a future public notice. basis of staff time, measured in full time equivalents (“FTEs”), In a simultaneously released Public Notice (FCC 21-43) in estimated to be necessary to serve each regulated entity. Docket 20-343, the full Commission affirmed and adopted its The Commission identifies the number of FTEs employed previously announced tentative conclusion that applicants within each of its four core bureaus (Media, International, in this filing window will be limited to a maximum of 10 Wireless Telecommunications, and Wireline Competition), applications. During a public comment period, proposals and further subdivides them within each core bureau to had been submitted by commenters to set the maximum at account for regulatory fee categories of regulatees. The FTEs five applications per party on the one hand, and on the other, in the non-core bureaus and offices will be appropriated continued on page 8 proportionately among the core bureaus. These calculations result in the appropriation among the core bureaus of continued on page 6 IN THIS ISSUE CALM Act Rules ...................................... 2 Digital AM Report Form New Wireless Mic Technology ................ 2 Now Available DISH Faces Discrimination Allegation .... 3 FM Allotments Reinstated........................ 3 In October 2020, the FCC amended its rules to permit AM radio stations to operate in an all-digital mode. No advance Deadlines to Watch ............................4-5 application is required to be filed with the Commission and no advance consent is required. However, 30-days advance For more information about or help with any of notification to the FCC is required. The Commission created TM a new Form 355-AM for this purpose. While the rules the items reported in Antenna please contact: allowing voluntary all-digital AM broadcasting became effective in January, the new version of the Form 355-AM had to be reviewed and approved by the Office of Management and Budget under the Paperwork Reduction Act. Until now, 1200 Seventeenth St. NW stations submitting this notification had to include exhibits Washington, D.C. 20036 with the old version of the form to provide additional information. The review has now been completed and the Tel: 202.663.8167 new Form 355-AM became effective on April 29. The form is Fax: 202.663.8007 continued on page 8 E-mail: [email protected] FCC Solicits Comment on CALM Act Rules By way of a Public Notice (DA 21-447) in Docket 11-93, the that television stations and MVPDs pass through from FCC’s Media Bureau has invited comment from consumers programmers (compliance can be demonstrated through and the television industry on whether any updates are certifications and periodic testing). needed to the Commission’s rules implementing the These rules have been in effect for a number of years Commercial Advertisement Loudness Mitigation (CALM) and have been revisited only once since going into effect, at Act. The CALM Act was enacted just over 10 years ago to which point minor changes were adopted. The FCC seeks protect viewers from excessively loud commercials. In 2011, comment on the extent to which these rules have been the Commission adopted implementing rules (Sections effective in preventing loud commercials. The Commission 73.682(e) and 76.607(a)) that require television stations and solicits input from all stakeholders on whether the CALM multichannel video programming distributors (“MVPDs”) Act rules are effectively serving their intended purpose to ensure that all commercials are transmitted to consumers and on specific areas in which commenters believe updates at the appropriate loudness level in accordance with the are needed given improvements in technology or new industry standard mandated in the statute. industry practices. Comments filed will help inform the The FCC incorporated into its rules by reference Commission’s determination of whether to take additional and made mandatory the Advanced Television Systems actions—and if so, what measures should be proposed or Committee A/85 Recommended Practice, which describes taken—in furtherance of the purpose of the CALM Act to how the television industry can monitor and control prevent television stations and MVPDs from transmitting the audio of digital television programming. The rules commercial advertisements at louder volumes than the establish a safe harbor for both locally inserted commercials program material they accompany. (stations and MVPDs will be deemed in compliance if they The deadline for filing comments in Docket 11-93 is demonstrate that they use certain equipment in the ordinary June 3. Reply comments will be due by July 9. course of business), as well as for embedded commercials Rules Proposed for New Wireless Mic Technology The FCC has proposed amendments to its rules to minimum of 12 wireless microphones in a six-megahertz allow the implementation of a new technology for wireless channel. Sennheiser asserts that this technology would microphones to be deployed on a secondary basis in improve spectrum efficiency by accommodating a larger spectrum allocated to television broadcasting as well as other number of devices in a six-megahertz channel and thereby frequencies. In a Notice of Proposed Rulemaking (FCC 21-46) help to mitigate what is described as a severe shortage of in Docket 21-115, the Commission proposes to define a new spectrum for wireless microphones. class of wireless microphones which electronics manufacturer The FCC proposes that the six-megahertz channel Sennheiser Electronic Corporation has termed as a “Wireless occupied by any individual WMAS device in the television Multi-Channel Audio System” (“WMAS”). WMAS digitally band would be completely contained within one television combines the signals of multiple wireless microphones into a channel and would not be permitted to spill into an adjacent wider channel than currently permitted for wireless mics in channel. As with currently authorized wireless mics in the the TV bands. This proceeding is an outgrowth of a Petition television band, WMAS would operate on a secondary for Rulemaking on this topic that Sennheiser filed with the basis. The Commission emphasizes that it does not intend FCC in 2018. to alter existing spectrum rights or expectations regarding Under the FCC’s current rules for wireless microphones, access to and availability of spectrum for all users, including each device operates on a discrete channel with a bandwidth broadcast television. of 200 kilohertz. Sennheiser explains that WMAS digitally The FCC asks for public comment on this proposal, combines the signals from multiple devices into a six- including a variety of technical aspects concerning the megahertz channel. This eliminates intermodulation and deployment and use of WMAS devices. Comments will be permits denser spectrum use while lowering the average due 30 days after notice of this proceeding is published in the power spectral density across the channel. To ensure that Federal Register. The deadline for reply comments will be 60 the full benefit of spectral efficiency is realized, Sennheiser days after that publication. urges the FCC to require WMAS devices to operate with a 2 DISH Faces Discrimination Allegation The United States District Court in Indianapolis has agree, it did secure a long-term agreement with cable television denied DISH Network’s motion to dismiss a lawsuit in which service provider Comcast. On these allegations, CCB pleaded the plaintiff, Circle City Broadcasting (“CCB”), alleges that the probability that but for DISH’s racial discrimination, the DISH discriminated against it in the course of retransmission two parties would have entered into a carriage agreement. consent negotiations. DISH argued that CCB’s Complaint In its motion to dismiss the suit, DISH argued that CCB had failed to state a claim for which relief could be granted, citing not shown that there was no reason other than discrimination Section 12(b)(6) of the Federal Rules of Civil Procedure. to explain its refusal to offer CCB the same carriage deal that CCB is an African American-owned company that it had with Nexstar. It suggested that there were other factors purchased two television stations in the Indianapolis market, that affected its view of the value of carrying CCB’s stations. WISH-TV and WNDY-TV, from Nexstar Broadcasting, Inc. Notably, Nexstar owns some 200 stations nationwide, reaching After the ownership transition, DISH declined to enter into a 40% of U.S. households and thus commands far more leverage retransmission consent agreement for the stations comparable than a broadcaster that owns two local stations unaffiliated to the agreement it had had with Nexstar.