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Memorandum to Clients Memorandum to Clients Memorandum to Clients June,August, 2007 2007 News and Analysis of Recent Events in the Field of Communications No. 07-0607-08 Congress pulls FCC’s strings, FCC pulls broadcasters’ strings DTV Conversion: “On-air Education Efforts” in the Offing More Media Measures May Be Mandated By: Michael Richards 703-812-0456 [email protected] V broadcasters may need to adjust their budgets just a television broadcasters to air periodic public service an- T tad more for the upcoming DTV transition. It’s possible nouncements and a rolling scroll about the digital transi- that they’ll be having to cough up air time for spots to in- tion.” form the 10-to-15 percent of TV house- holds without cable or satellite service The Commission plans to Demonstrating the propensity of semi- that their 30-year-old Zeniths may show impose on TV licensees the liquid substances to flow downhill, the nothing but snow once D-Day arrives. Commission has passed that suggestion obligation to conduct “on-air along to the broadcast industry in the In defense of the FCC, the Commission consumer education efforts”. form of a Notice of Proposed Rulemak- did not come up with this idea – or, But what, exactly, does the ing (NPRM). Obviously intent upon more accurately, this inchoate bundle of FCC have in mind? placating its Congressional overseers, concepts that might someday congeal the Commission makes clear that it into a coherent idea – on its own. Rather, the idea arrived in does indeed plan to impose on TV licensees the obligation to the mail, in a letter from a couple of influential (read: Com- conduct “on-air consumer education efforts”. But what, mittee Chairmen) members of the House of Representatives. exactly, does the FCC have in mind? They suggested that, with the DTV transition fast approach- ing, it might be a good idea for the Commission to “require It’s hard to say. Instead of outlining any specific proposals, the NPRM merely whips Congress’s one-sentence vague suggestion into an impressive series of thirteen vague ques- The Scoop Inside tions (see the NPRM excerpt quoted verbatim in the sidebar) FCC Opens AM Improvement and directs the downhill flow to broadcasters. And then, Proposal for Comment ................................ 2 recognizing that many viewers will likely still need Focus on FCC Fines.......................................... 3 “additional assistance in preparing themselves” for the DTV transition (notwithstanding the salutary effects anticipated What To Do When the (Tower) from the sure-to-be-mandated “on-air consumer education Lights Go Out ................................................ 4 efforts”), the NPRM asks for more suggestions on steps the Ownershipalooza 2007 .................................. 5 Commission and industry might take to assure that consum- FCC Announces Final 2007 ers “have access to the information and assistance they Regulatory Fees ............................................ 6 need.” Final DTV Allotment Table Released, FCC Knocks White Space Black Boxes ......... 9 But wait, there’s more. The Congressional letter also sug- CommLawBlog.com ..................................... 10 gested that it might be a good idea for the FCC to impose a Let’s Make a Deal . Real Soon ....................11 reporting requirement on broadcasters relative to their con- Deadlines ........................................................12 sumer education efforts – you know, maybe a report to be FM Translators for AM filed every 90 days, listing the “time, frequency and con- Stations Proposed....................................... 13 tent” of all transition-related PSA’s broadcast. Oh yeah, and Performance (Royalty) Anxiety................... 14 Congress also suggested “civil penalties for noncompli- Updates on the News.................................... 16 ance”. Allotments ......................................................17 (Continued on page 8) Page 2 Memorandum to Clients August,June, 2007 Bringing AM radio into the 21st Century? FCC Opens AM Improvement Proposal For Comment By: Patrick Murck 703-812-0476 [email protected] here may be some daylight at the end of the tunnel for nighttime-only AM stations. Over and above a separate proposal T to allow AM stations (including daytimers) to rebroadcast on FM translators (see article on page 13 of this issue), the FCC has invited comments on a petition for rulemaking – filed by long-time consulting engineer Ted Schober – which pro- poses a number of improvements to the post-sunset service rules on the AM side. (We noted the initial filing of the petition in the March Memo to Clients, and then again in last month’s issue. It took the FCC until mid-July to invite comments.) Fletcher, Heald & Hildreth As Schober’s petition notes, the current rules lag behind the technical advances made A ProfessionalFletcher, Heald Limited & Hildreth Liability in AM broadcasting since they were last updated in 1992. Operating with the greatest A ProfessionalCompany Limited Liability allowable power during post-sunset service is of utmost importance to AM broadcast- Company ers because the lucrative drive-time hours occur in non-daytime hours for much of the year. Schober suggests that the changes he proposes would allow AM broadcasters to 1300 N. 17th Street - 11th Floor increase their coverage without causing any additional risk of interference. Arlington, Virginia 22209 Tel: (703) 812-0400 Schober’s proposals include the following: Fax: (703) 812-0486 E-Mail: [email protected] Eliminate the 500 watt nighttime power limit on PSSA (currently contained in Web Site: fhhlaw.com Blog site: www.commlawblog.com §73.99) as long as operation with power above 500 watts would not cause any interference. According to the petition, computer models are now better able to Supervisory Member Vincent J. Curtis, Jr. predict interference at these levels than in 1992 when the rules were issued. Co-Editors Make all Class B and D AM stations eligible for extended hours service, again as Howard M. Weiss Harry F. Cole long as such operation would not cause any interference. Contributing Writers Require more accurate contour mapping of Class A stations than was available in Anne Goodwin Crump, Jeffrey J. Gee, 1992. More accurate mapping of these station’s contours would allow other sta- Kevin M. Goldberg, Patrick Murck, Lee G. Petro, R.J. Quianzon tions to operate without interference to the Class A station’s actual coverage area. and Michael Richards Give stations flexibility in choosing which antenna or combination of antennas to use for expanded hours service. The proposed rule would allow for the use of the Memorandum to Clients is daytime, nighttime, critical hours and/or auxiliary antenna. published on a regular basis by Fletcher, Heald & Hildreth, P.L.C. Require that all interference calculations, including expanded nighttime service, This publication contains general use the formula set out in §73.182 of the Commissions rules currently used for legal information which is not allocating AM service. intended to be deemed legal advice or solicitation of clients. Readers should not act upon information presented Allow daytime AM broadcasters to file for extended hours operation as a minor herein without professional legal change application, with a corresponding filing fee to cover the administrative counseling addressing the facts and burden of handling those applications. circumstances specific to them. Distribution of this publication does The likelihood that any of these proposals will be adopted is unclear. But the good not create or extend news is that the FCC does appear seriously interested in examining the plight of AM an attorney-client relationship. daytimers. Such examination is clearly in order. Daytime AM service was developed decades ago, when transmission and receiving equipment was incredibly crude by to- Copyright © 2007 Fletcher, Heald & Hildreth, P.L.C. All rights reserved day’s standards. If modern technology permits the expansion of operating hours with- Copying is permitted for internal distribution. out any significant risk of causing interference, it should be a no-brainer for the FCC to take such steps. Whether it will do so – and if so, when – remain to be seen. June,August, 2007 2007 Memorandum to Clients Page 3 FCCChecking steps box up effortson FCC in form the West costs – $10,000 The Western -- When offices it of cancation call in for January, back-up. 2006, This and is checkedwhat happened the “Yes” to agentsbox claim- from thecomes FCC’s to filling Enforcement out renewal Bureau applications were busy and this standard month issu-FCC theing Santhat Franciscoits public fileoffice had when been they in order. heard Eventually, of a tower light in July, ingforms, forfeitures there may to televisionbe a temptation and radio to let stations your eyes in their glaze over problem.2006, the FCC insisted that its inspection was correct and neighborhoods.when staring at lengthy Readers questions are reminded followed that theby eitherFCC main-a fined the station $4,000. This month the FCC got around to tains“Yes” offices or “No” all box.around Don’t the country,succumb which to that makes temptation!!! it easy for Therenewing FCC’s the office station’s received license a complaint but, because about the a stationCutler, had Cali- themPay attention, to investigate make complaints sure that you and understand inspect stations the question nation- forniamarked station “Yes” that relative was supposedlyto the completeness not properly of its lighted. public fileThe wide.and, perhaps most importantly, make sure that you are 100% FCCwhen agent the licensee called theknew FAA that to at report least somebodya problem. at The the agentFCC that your answer (whether it’s “Yes”, “No” or also called thedisagreed local sheriff with and that asked answer, him the to Commissiondrive by to see Hawaii“N/A”) isoffice absolutely locates correct. “main studio”Failure into dotransmitter shack – if the tower was indeedfined the dark. station The an sheriff additional confirmed $10,000. the Theso – FCC’seven if Honoluluyour failure office is innocent set out to – inspectcan the main stu- outage. diocost of you a local $10,000 LPTV or more.station.
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