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Can FCC Open LPFM Window by Summer 2012?
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The FCC is reviewing public comments in the LPFM/FM translator
proceeding — the one in which the agency proposed a tiered, market-based
approach to determine how many more LPFMs and FM translators can fit in top
markets.
As we’ve reported, the agency granted an extension of the reply comment deadline, to next
Tuesday, the 27th.
FCC Media Bureau Chief Peter Doyle said during a regulatory
session at the Radio Show last week that, judging by initial comments that have
rolled in, there appears to be broad support for the concept overall, “though
there are differences of opinion over how we license LP opportunities or settlement
procedures.”
“Bottom line I think we’re in reach of a solution that will
have broad support,” said Doyle.
Fletcher Heald & Hildreth attorney Howard Weiss, also on
the panel, has a client who’s “given up” trying to get an FM translator
approved.
“If you’re in a major market, you’re locked out,” he said,
referring to part of the FCC’s proposal which calls for dismissing pending FM
translator applications in markets where there’s no available spectrum for
LPFMs. The proposal does help broadcasters in small markets, he said.
Congress, Doyle said, has given the commission “certain
principles to balance competing demands” and flexible settlements are proposed
in the Notice of Proposed Rulemaking. Nevertheless, he said the agency is
sympathetic to critics of its proposed approach “and will do our best” on the
issue.
Clear Channel Communications SVP Government Affairs Jessica
Marventano suggested the agency’s use of a city center grid in its proposal
might not be as useful as Arbitron Radio Metros in determining a radio market.
The panelist agreed with Weiss that there is tension between
broadcasters located in large vs. small markets on the issue. Translator
applicants, who’ve had their paperwork on file since 2003, “have been waiting a
long time,” said Marventano. “They have a lot of value. They can help stations
economically and just because someone is an LPFM doesn’t mean they’re superior
to a full-power station.”
Asked by an attorney in the audience whether the FCC can really
open a filing window for LPFM applications by its stated goal of summer 2012,
given the commission’s focus on broadband issues, Doyle said the timing “is up
to the commissioners” but he’s excited about the opportunity to solve the
problem.
“Part of what I wanted to do in the NPRM in July was to keep up
the pressure on all parties to move forward.” Doyle does believe it’s possible
to keep to the summer 2012 goal to open the LPFM window. If so, “it means we
will have initiated additional translator licenses before that time,” he said.
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