Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC In the matter of: ) ) Revitalization of the AM Radio Service ) MB Docket 13-249 ) ) COMMENTS OF REC NETWORKS One of the primary goals of REC Networks (“REC”)1 is to assure a citizen’s access to the airwaves. Over the years, we have supported various aspects of non-commercial micro- broadcast efforts including Low Power FM (LPFM), proposals for a Low Power AM radio service as well as other creative concepts to use spectrum for one way communications. REC feels that as many organizations as possible should be able to enjoy spreading their message to their local community. It is our desire to see a diverse selection of voices on the dial spanning race, culture, language, sexual orientation and gender identity. This includes a mix of faith-based and secular voices. While REC lacks the technical knowledge to form an opinion on various aspects of AM broadcast engineering such as the “ratchet rule”, daytime and nighttime coverage standards and antenna efficiency, we will comment on various issues which are in the realm of citizen’s access to the airwaves and in the interests of listeners to AM broadcast band stations. REC supports a limited offering of translators to certain AM stations REC feels that there is a segment of “stand-alone” AM broadcast owners. These owners normally fall under the category of minority, women or GLBT/T2. These owners are likely to own a single AM station or a small group of AM stations and are most likely to only own stations with inferior nighttime service, such as Class-D stations. These applicants are not likely 1 - REC Networks is the unincorporated entity name that identifies Michelle Eyre Bradley. REC is a major advocate of the LPFM service and operates various resources such as myLPFM (http://mylpfm.com). 2 - Gay, Lesbian, Bisexual, Transsexual/Transgender. to also own an FM station in the same market, especially one with HD Radio digital capability. REC feels these owners should be able to obtain translators for their AM stations on a temporary basis with an eventual migration to an extended FM broadcast band which we will discuss later. REC supports a limited offering of FM translators for AM stations3 that meet the following criteria: (1) Station must be “standalone”4. By “standalone”, we mean that the AM station must be owned by an entity that does not have a co-owned FM station with digital capability and there is an overlap of the AM station’s 2mV/m daytime contour and the service contour of the FM station. AM stations with a co-owned digital capable FM station already have the means to place the AM station on a multi-cast stream on the FM station. (2) Limit translators to Class-D stations5. Class-D stations are those that operate on designated clear and regional channels and have extremely limited nighttime service. Some are still daytime only. These stations are most likely to receive interference from skywave stations at night and are the most subject to interference by other man-made interference sources such as power lines and electronic devices. We do not feel that large Class-A and Class-B stations have a need for translators due to their significant nighttime groundwave service. We don’t agree with FM translators being used as a method to “improve fidelity” of AM stations, especially those that have a significant nighttime signal within the city of license and surrounding areas. We feel that Class-D stations bear the brunt of domestic and foreign interference and providing them with translators will attempt to bring them to a closer playing field with their Class A, B and C counterparts6. 3 - See Revitalization of the AM Radio Service, Notice of Proposed Rulemaking, MM Docket 13-249 (“NPRM”) at 11. 4 - NPRM at 17. 5 - Id. 6 - While we understand there are many Class-C AM stations operating on the “graveyard” channels (such as 1230, 1240, etc.) that are receiving interference we feel that this can be remedied by rolling back the AM rules regarding these channels and limiting their nighttime service to 250 watts non-directional. Class-C stations operating on “local” channels should have no real expectation of nighttime service outside their basic local service area. In addition, REC feels that the FM translator for AM stations should be subject to the following rules: (1) The FM translator would become part of the AM license. REC supports the Commission’s proposal to treat the FM translator as an ancillary part of the AM station7. The FM translator would be assigned and transferred with the AM station and the FM translator can’t be broken away from the AM authorization. These translators should be identified in CDBS with a distinctive service code such as “AX”. (2) Daytime AM stations can originate programming on the translator. REC feels that daytime-only AM stations should be permitted to originate their own programming on the FM translator during time periods that the AM station is not permitted to operate under the terms of the license. These Class-D stations are subject to a viable nighttime service and we feel this can be provided through an FM translator. (3) Class-D AM stations currently authorized at night should be permitted to modify their license to daytime-only and originate programming on the FM translator at night. These stations should be given the opportunity to modify their license to go to daytime-only service on their AM facility and broadcast 24 hours on their FM translator. This will allow them to maintain a nighttime service to their local community while reducing a cost burden of operating a very low power AM transmitter. This will also reduce the amount of interference introduced to AM at night which will make a much better listening experience for those intending to hear the local station or a distant station at night. (4) AM stations that are “silent” automatically lose their authorization to broadcast on the FM translator. Just like with FM broadcast stations, if an AM station goes silent and is not able to broadcast, they will automatically lose their authority (including at night) to operate the FM translator until the AM station returns to the air. While we support the Class-C stations are more likely to be owned by larger group owners such as Clear Channel that have HD Radio digital capable FM stations in the same market who can simulcast their AM stations on HD streams. 7 - NPRM at 14 (c). migration of Class-D and potentially Class-C AM stations to expanded FM spectrum, we do not approve of using FM translators as a de-facto commercial Low Power FM station. The Local Community Radio Act is still in effect With this upcoming FM translator for AM stations window as well as all future windows for FM translators, we remind the Commission that the Local Community Radio Act did not expire at the end of the October/November, 2013 LPFM filing window. Prior to the FM translator filing window, the Commission should reevaluate all of the Nielsen-Audio8 metropolitan markets using the same 20 x 20 and 30 x 30 minute grids to classify the markets as spectrum-available and spectrum-limited taking into consideration the number of full-time LPFM stations9 and FM translators taking into consideration the availability of spectrum for future LPFM services. Even with the outcome of the previous LPFM window, the balance of LPFM stations and FM translators will still overwhelmingly favor translators. Once the markets have been classified, revised protected channel points should be established and FM translators that are proposed within 39 km of the boundary of a grid must provide an anti-preclusion study. REC continues to feel that an original new voice serves the public interest more than a duplicate voice on two frequencies. As we go into this window, we must stay in the mindset that the LCRA is still in effect. REC does support another LPFM filing window at a time after the upcoming FM translator filing window for AM stations. Timing of the FM Translator for AM Station filing window At this time, the Commission is getting ready to start the 90-day LPFM MX settlement window process. This window will allow LPFM applicants who filed during the October 2013 LPFM filing window an opportunity to make major changes such as non-adjacent channel changes in order to resolve mutual exclusivity with other MX applicants. The Commission had stated in the past that this opportunity may be done in multiple phases for different MX groups. 8 - Formerly Arbitron, Inc. 9 - For the purposes of counting LPFM stations at the time of the study, any unresolved MX group would be considered as one station. For granted LPFM stations that are operating as a part of a time-share agreement, all of the proponents of the time-share agreement are collectively considered as one station as only one “voice” is on the air at one time. For the sake of completing the LPFM filing window, it is very important that the filing window for original translator construction permits do not take place until all LPFM MX groups have been given their 90-day opportunity to amend their applications or reach other settlement agreements. Migrating Class-D AM Stations to an expanded FM broadcast band As a long term plan, REC supports the reallocation of the 76 to 88 MHz spectrum currently used for television channels 5 and 6 to FM sound broadcasting10. We will support the channels being used for analog, hybrid digital and eventually full digital operation.