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LPFM

03.01.01

Powell: Unsure of LPFM’s Effect

by Leslie Stimson

The new Republican chairman of the FCC is speaking in cautious tones about the LPFM initiative he inherited from his Democratic predecessor.

In his first comments to reporters as chairman, Michael Powell said that when he gave a qualified "yes" vote on the low-power issue last year, he was "at a loss as to whose version to accept," referring to engineering data from the FCC, LPFM supporters and the NAB regarding potential interference.

He said the LPFM technical debate calls into question the FCC’s current system of technical assessment.

On wider issues, having served as an FCC commissioner for three years, Powell seems comfortable handling a variety of telecommunications issues, and says he will wait for matters to come to him for decisions, rather than seeking out more issues to regulate.

His more deregulatory approach would be a shift from that of Democratic predecessors Reed Hundt and Bill Kennard, during whose terms the FCC required TV stations to air more educational kids’ programming and created rules for the planned low-power FM service, respectively.

The FCC increasingly finds itself on what Powell calls "Internet time," and he said the agency needs to better handle uncertainty in the businesses it regulates. At the press conference, Powell laid out general goals, such as restructuring the agency, to better reflect the convergence of markets.

While he did not get into specifics about his plans, he shared thoughts on a variety of issues:

LPFM – Powell still supports a gradual roll-out of the new service, as he said a year ago when he voted for it, although no official decision on the timetable has been made. He believes language passed by Congress last fall directing the agency to conduct interference tests and an economic impact study resolves some of his concerns.

After listening to engineers debate the results of four LPFM interference studies conducted last year, Powell said, he was still unsure if the service would cause interference to existing stations.

"That matter points out my concern about the continuing ability to independently assess technological questions. … Part of what I think we need is we need a greater independent ability to assess those questions on the front end."

Powell also said some of the biggest LPFM opponents he met when the issue was being debated were not big radio group owners, but rather small independents.

"What you’re talking about often is the viability of the lower end, marginal stations in local and smaller markets who almost can’t afford to lose one more advertiser, or one more listener, or it’s done for. What’s ironic here is sometimes, these kinds of debates are presumed to be about little guys and really big guys. Sometimes what it’s about is one class of little guys vs. another class of little guys. In many ways, the stresses of that issue are more there than they are about big radio."

Telecom Act – Powell generally considers the Telecommunications Act of 1996 a success. The resulting competition and deregulation unleashed capital and helped get DSL "out of the closet," in his words.

When asked whether cable re-regulation portions of the act failed, he said higher cable prices are insufficient justification to reconsider the act.

"Americans like TV, multichannel TV – programming consumers seem to value highly," he said, citing more than 80 percent penetration of cable and DBS-combined into American homes.

The Internet – The Net will prove to be just a "cool experiment" if product providers don’t just give consumers interesting products, but also find a way to make a profit, Powell said.

DTV transition – When asked what the FCC might do to help the DTV transition, Powell said, "Whether DTV succeeds or fails does not rest in the hands of the government," but in the hands of TV programmers and set makers. Consumer acceptance of DTV, he said, still remains a "wild card."

Digital divide – Powell rejects the notion of a so-called digital divide splitting the country between those who have computers, Internet access and other telecommunications services and those who do not. He joked that he has a "Mercedes divide."

 

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