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Prometheus De-Livered
Our Periodic Newsletter
January 2001
Contents
[FCC releases first notice of low power FM licenses][Should I Apply?]
[News From Capitol Hill]
[NPR Must Be Stopped]
[Improved Guide for Getting Coordinates]
FCC releases first notice of low power FM licenses
The FCC released notice of its tentative acceptance of 255 applications from states in the first two rounds of applications. The list of accepted applications which met the new third adjacent requirements is available at
[http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/FM_Windows/pnmm0084.html] See if you are on there. There is also a helpful website for aplicants - [http://www.christiancommunityFM.com]
for a color-coded listing of all 255 grantable applicants, listed by state and frequency.
What if
we are not listed
If you applied and you are not on the FCC list, don't give up yet! You might have been in a mutually exclusive application, in which case the application will be "grouped" with several others, and a notice will come out over the next months. Your application might also have had an error.
Filing an
Amendment to Your Application
If you realize that there was an error on your application, you should fill out a new application, with the correction, and submit it, with the box checked on the first page that says "amendment." It is unclear as yet what sorts of corrections they will accept, and how long they will accept them. As with most things, sooner is better than later. It is most likely best to amend your application before they reject it.
It is unclear right now what kinds of amendments the FCC will accept on this Form 318. Changes in location that are less than two kilometers are clearly permissible under the rules. It is not clear whether they will allow for changes of frequency, or changes that involve moving your transmitter more than two kilometers. We encourage you, as usual, to not disqualify yourself. Go ahead and ask for any change that will help your application - let the FCC make the decision that it will not accept your change. Even if they reject your request, you may appeal it later and get different results as the political winds shift.
If you applied but were not listed as tentatively accepted, and there are no competing applications, and you think you meet the new standards, there might have been an error on your application. Recheck it, or send it to us or a broadcast engineer to recheck it. Or maybe the FCC made a mistake- catch this before it is too late!
Get
a Lawyer
The next phase for the tentatively accepted applications is "petitions to deny." There is a thirty day window in which any person with standing (perhaps a citizen who is within your listening range, but more likely than not, a broadcaster in your town) can check your application and point out to the FCC that there is an inaccuracy on it. If your application is truthful and correct, you have nothing to fear. Still, it is probably worth contacting an attorney to make sure that everything is correct from a procedural standpoint.
The folks at National Lawyers Guild, Committee for Democratic Communications have agreed to deal with at least some "petitions to deny," so it would probably be worth contacting them. There will also be a guide coming out soon from Media Access Project on this subject, which will be available at www.microradio.org Once the petition to deny period is over, you can expect that the FCC will probably send out your construction permit within a few weeks.
My Channel
is no Longer Available
Unfortunately, for many applicants, Congress's action eliminates any possibility of obtaining a low power radio station unless further action is taken in Congress. On the other hand, some applicants will be able to amend their application to conform to the new rules.
If your channel is no longer available, it is possible that you can make a "minor amendment" to your application requesting to change your application to another available frequency, or, to another location. Under the FCC's rules (specifically 47 C.F.R. 73.870), you may change your frequency to an adjacent frequency or an intermediate frequency simply by amending your application. You may change to any other available frequency only if you show that you will "reduce interference."
For 100 watt stations only, you can move the location of your transmitter by two kilometers or less. If you can amend your application, you should do so as soon as possible. There is no official deadline to amend your application, but the FCC could deny your application at any time if it does not comply with the legislation. If your application is denied, you must start over by waiting for another application window to open. If you applied in the first two windows, we suggest amending your application in the next 4-6 weeks, before the end of February 2001.
To
change frequencies:
First, check the channel finder to determine whether another frequency is available in your location after the legislation. If it is, you should amend your application to apply for the new frequency. You may amend your application on paper or electronically. Complete section I, and in Question 3, check "Amendment to Pending Application." In Section V of FCC Form 318, fill in the new frequency you are applying for.
You will need to add an attachment with an explanation. The attachment will be different if you are amending to an adjacent channel or an intermediate frequency. If the new frequency is on an adjacent frequency or on an intermediate frequency, explain in an attachment you are amending your application to seek an adjacent or intermediate frequency in accordance with FCC Rule 73.870.
If the new frequency is farther away from the frequency you originally applied for, then you must state that your amendment will reduce interference. You may state that you are relocating your station farther away from an incumbent station to reduce potential for technical interference, and that this action complies with FCC Rule 73.870. If a broadcast engineer is assisting you, you may want to consult with that person to assist you with this amendment.
To
move locations:
Enter the new coordinates into the channel finder to determine whether a frequency is available within two kilometers of your original application's transmitter location. If there is a channel available, follow the above procedure -- except your attachment must state that you are relocating your transmitter by two kilometers or less, in accordance with FCC Rule 73.780.
It should be pointed out that moving to an adjacent channel to reduce interference is clearly a minor change, and should be no problem as it is specifically mentioned in the rules. Moving further on the dial is less clear (the FCC has not yet set policy on this), but nonetheless worth trying.
You'll find links to these forms and helpful hints on navigating through the FCC in our appropriately labeled FCC section and by checking out our Background and Resources.
Should I Apply
Next Rounds Now That I have been Disqualified?
There is no road map here - that's what makes it all interesting. We think you should. No one knows what the future may hold, but we do know that there will be just one hundred watt window for your state, and it is coming up. It may just sit in a file in Washington for years, but there are definitely opportunities for this whole thing to shift back the other way - and it will be good that you have an eligible application in at the Commission. The application is free, and takes an hour or two to complete, so weigh your own costs and benefits.
Will I be
Affected by the Anti-pirate Provision?
If on your application, your group answered no to question 8A (about previous unlicensed activities), the Grams legislation compels the FCC to disqualify you. If you are about to apply in the next rounds, pirate organizations will be ineligible so it is best to find another community organization that has not engaged in pirate radio. It is important to remember that the anti-pirate language is in reference to "parties to the application" which means the board of directors. These are people who have legal decision-making authority over the radio license. The anti-pirate language is not intended for DJs, programmers or volunteers at the new station. Below is another excerpt from Media Access Project about how to amend your application in response to the anti-pirate provisions.
What If My Application
is Disqualified Because of Prior Unlicensed Broadcasting?
Prior to the legislation, the FCC allowed organizations to obtain a license under limited circumstances if they had stopped broadcasting voluntarily by February 26, 1999 or if they ceased operating within 24 hours of being instructed to do so by the FCC. After the legislation, these two exceptions are no longer allowed. Thus, if you answered "No" to Section II, Question 8(a) on your application, you will not be able to get a license. You may be able to amend your application in order to answer "Yes" to Section II, Question 8(a).
If you can change the "parties to the application" (see the Applicant's Guide to Form 318 to review the meaning of this term) so that no party to the application engaged in unlicensed broadcasting, you can change your answer to Question 8(a). Recall that most of the questions in Section II of Form 318 relate to the individuals you listed in response to Question 3 of that Section. You probably answered "no" to Question 8(a) because someone listed in Question 3 broadcast without a license at one time. You can change your answer to Question 8(a) if you can change who is listed in Question 3. You can change the answer to Question 3 only by changing who has power to decide what the applicant organization will do. Thus, to change the answer to Question 3, you must change who has power in your organization. This means your organization may need to, for example, replace the Executive Director or certain members of the Board of Directors.
You must follow the procedures for your organization to make those changes. After you have made those changes, you should submit those changes, along with the documentation proving you have made those changes, to the FCC. Put the documents and explanation in an attachment to your amended application. At the same time, you may change your answer to question 8(a) so that it is accurate.
YOU MUST NOT LIE TO THE FCC. Review the Guide to Form 318, see the sample amendment to an application.
When is the
Next Round of Applications?
We are not exactly sure, but probably in a few months. They are certainly not starting in February. I'd expect about three months after the end of this third round, in January. (that means approximately April, I suppose, for round 4, and July for round 5)? Knowing the FCC and the political situation it is in the middle of, it might go a little quicker or slower than that.
The Legal Front
Legal options are now being considered for several different forms of action against the Grams legislation in the courts. Without tipping our hand at this moment, if you would like to help challenge these dumb rules, you should complete your application and get it in during the window- regardless of whether you meet the absurd third adjacent requirement. This may give you standing to challenge the rules at a later date. Watch www.nlgcdc.org for details. It will be good to have a number of different circumstances in different states that can take this to the courts.
News from Capitol Hill
Bush May
Appoint New FCC Chairmen
Although other organizations are a bit more optimistic, Prometheus Radio Project is of the opinion that there is very little to look forward to in Congress and in Washington over the next months. There are two key names that have been put forward for George Bush's Chairman of the FCC. One is Micheal Powell (a current commissioner and the son of Colin Powell). The other is Pat Woods, the current chair of the Texas Public Utilities Commision. Neither of these are the worst possibilities, but neither bode particularly well for LPFM.
Commisioner Powell did not vote against low power FM, but he wanted economic impact studies on small businesses, and generally seemed intent on slowing down the service. When called to vote, he dissented in part. He said that he agreed with the goals of the new service, but wanted there to be more studies. At Prometheus, we would loosly translate such Washingtonspeak sentiments to "I don't want to go on record opposing such an obviously good thing, but I fully support the industries attempt to slow LPFM down until it can be ignored to death under a new administration." We caution, however, that we have been mistaken about FCC Commissioners before - we believed that William Kennards' initial proposal was disingenuous, and he certainly proved us wrong on that. If Powell is the new FCC Chairman, we will soon see whether he intends to proceed in good faith with LPFM or he intends to dither and delay LPFM to death.
Pat Woods is more of an unknown quantity. He is generally pro-industry, like most Republicans. He has little experience with broadcasting, because he has worked in state government, and broadcasting is federally regulated.
The most repulsive news of the week is that we may not have seen the last of Rod Grams, lead sponsor of the Radio Broadcasting Preservation act in the Senate. Rod Grams was one of the very few incumbents who lost his seat in this election (99.2% of incumbents won their races in this election). His name has been floated as a possible FCC Commissioner. We hope that such a thing does NOT come to pass.
Tell your Senators what you think of this jerk, and what he has already done to your plans for a neighborhood radio station. One positive note: Senator John McCain has said that one of his top legislative agendas for the next session is repeal of the Grams bill. All new FCC Commissioners will have to be confirmed by his committee, and we hope that he will make their commitment to LPFM a major factor in their appointment.
It is unclear how much turnover there will be in the FCC. There is quite a bit of commitment to LPFM among the staff at this point. When the new administration starts, there will probably be some reshuffling and things will slow down to a crawl for a few months as the networks of power rework themselves within the Commission. We will be in a better position after the shake-up to tell how low power radio's fate looks.
Testing
Required by Congress
Under the rules passed by congress, there will be a testing program that will do "field testing" in nine markets. The FCC will hire an independent contractor to perform these tests. The report was supposed to be due in February of 2001, but the deadline will probably be extended. The report will eventually be presented to Congress, and Congress will decide based on these findings whether the original LPFM rules will be allowed to be implemented.
It is difficult to predict the outcome of this report. From our earlier testing, we know that there is an almost laughably small amount of interference that can be caused to incumbent stations by putting a 100 watt station on a third adjacent channel. If the purpose of this exercise was to learn more about interference, we would have little to fear. The purpose of this additional round of tests, however, is not to find facts, but to stall the implementation of LPFM until it dies in some sort of backroom deal. We expect that the broadcasters will do their own new round of testing and try to find some effect that they can exaggerate for political purposes.
Nine Test Markets
Many people have called us and asked how a group can become one of the nine "test markets." It is unclear how the FCC will implement this - they may grant experimental licenses to actual applicants, but they may also choose to simply have the testing contractor set up temporary stations that will broadcast tape loops and test tones. If you are interested in being a "test station," let us know. If the tests have involvement from the public, we will find out how you can be involved.
For more information, you can look at http://oldsite.prometheusradio.org/facts.shtml for some quick facts in response to the various misrepresentations made by the broadcast industry. For more detail about the history of the interference arguments surrounding LPFM, you can look at Low Power Signals/ Special Interest Noise at our website at http://oldsite.prometheusradio.org/artnoise.shtml
NPR Is A Monster
That Must Be Stopped!
Strategically speaking, we think it will be impossible to win in this next round if we cannot get National Public Radio to drop its unforgivable opposition to LPFM. In the fall, we tried to persuade the Board of Directors of NPR to change its stand, but they would not budge. It is now time to take it to the affiliates. Prometheus is developing a packet of materials that can be used to work on your local NPR affiliate. You can use our fact sheet on low power radio to bulldoze through their lame claims. Most NPR affiliates have discussion lists about their programming - take your pro-LPFM message to their most devoted, core listenership - the ones that discuss NPR programs on-line. There are also copies of the letters that we have written to the NPR leadership posted at http://oldsite.prometheusradio.org/npr.shtml#letter1
We encourage you to call your local affiliate and find out where they stand. If they are for LPFM, or against it, email us their position and we will add it to our website, where there will be a wall of shame and a wall of glory - this way people will know whether their affiliate was one of the ones responsible for the evisceration of LPFM. As we gather information about our friends and opponents in NPR, we will expand our campaign to end their opposition to LPFM.
Improved Guide
to Finding Coordinates
All right, and finally as promised, our new, improved guide to finding co-ordinates and using the channel finder. As always, you can call us at 215-727-9620 for more assistance, or contact info@prometheusradio.org or petri@critpath.org Pete tridish is going on a long overdue vacation from January 4-17, So get your questions in now. He will be back for the end of the filing window. Messages and questions left on the machine during that time will be checked and responded to every few days. You can also call our pal Nan Rubin at 212-463-7411
You'll find our revised guide in the FCC section
