We’ve learned the broadcast-related items that will be up for consideration at the Federal Communication Commission’s open meeting later this month.
The commission released a draft report and order that includes rules for tentative consideration. It cautioned that the ultimate resolution of the issues at hand remains under consideration and subject to change ahead of the March 26 meeting.
Chairman Brendan Carr first made mention of the items that will be up for vote by the commissioners in his Wednesday blog post.
The original proceeding that contains these proposals dates back to a notice of proposed rulemaking from December 2024 that revises FCC regulations under Parts 1, 73, 74 and 76 of the CFR.
In response to that NPRM, the commission received comments and replies from stakeholders who it said “overwhelmingly support” the majority of its proposed changes. As a result, 13 of the 15 changes from the 2024 notice, proposed under former Chairwoman Jessica Rosenworcel, are included in the draft.
We’ve listed the changes that will be up for a vote in the commission’s draft report and order below. You can read the full draft here.
Eliminating AM station power increase restrictions
The FCC proposes eliminating the requirement that AM stations must request at least a 20% increase in nominal power when applying for facility modifications.
“Elimination of this requirement will provide AM broadcasters with greater flexibility and thus allow for new opportunities for stations to optimize their technical operations,” the commission wrote.
The order also would update AM station classifications in the rules to conform to current international agreements.
Authorization definition
The order would codify that an “authorized” station — which LPFM applicants must protect — includes both licensed stations and granted construction permits.
It also clarifies that LPFM applicants must protect prior-filed FM, LPFM and FM translator applications submitted before the release of the public notice announcing an LPFM filing window’s procedures.
Extending technical STA limits
The FCC proposes to remove the restriction that limits initial Special Temporary Authorizations necessitated by technical or equipment problems to a 90-day period.
Under the proposed order, those type of STAs would be granted for the full 180-day period permitted as it is for other STAs.
The commission noted that applicants seeking a technical STA currently have to file STA requests twice as often as applicants for other STAs – 90 days instead of 180 days. But as several NPRM commenters pointed out, station technical problems often require at least 180 days to order equipment and complete the repairs.
Removing the 2021 NCE FM application cap
The order would delegate authority to the Media Bureau to remove the rule that capped applicants at 10 applications during the 2021 noncom FM filing window. The rule would be officially removed once all pending applications from that specific window are finalized.
There are some other, more procedural changes the report also proposes:
- Replacing CDBS with LMS references: The order would amend multiple rule sections to replace references to the legacy Consolidated Database System with the currently used Licensing and Management System.
- Standardizing table of allotments language: The FCC would correct terminology regarding FM and TV allotments to use standard language.
- Removing post-incentive auction notice requirements: Outdated rule language and notice requirements originally implemented for the broadcast television spectrum incentive auction would be removed.
- Expanding the signature rule: The commission’s rules would be broadened to allow a “duly authorized employee” to sign applications on behalf of a corporation, partnership, unincorporated association or governmental entity.
- Clarifying local public notice triggers: The order would codify the established practices regarding when noncom FM, noncom TV or LPFM applicants must give local public notice of their applications.
- Consolidating petition to deny rules: The rules for filing petitions to deny against license renewal applications would be consolidated into a single general rule section.
Mixed feedback
The two changes that did not make the cut from the original 2024 notice:
- The commission said it received mixed comments in response to its proposal to harmonize processing procedures for minor change LPFM applications with current procedures for full-service FM and FM translators.
- It also received mixed feedback on its proposal to revise the informal objection rule to require service of pleadings upon the relevant applicant and objector, limit the number of responsive pleadings and impose filing deadlines.
As a result, the commission declined to adopt those two proposals.
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