Although the Commissioners themselves voted two months ago to approve the mostly-unrestricted nationwide rollout of HD Radio, the actual regulatory text was just released yesterday. The 74-page document includes basic operating parameters, a second Notice of Proposed Rulemaking on DAB, and Commissioners’ statements (recycled from their March meeting).
A very basic synopsis of the of the rules can be found at the Broadcast Law Blog. On first-read, it’s hard not to notice that the FCC overwhelmingly references just three major stakeholders in the DAB debate: the National Association of Broadcasters, iBiquity, and National Public Radio. The agency consistently defers to industry technical data to justify its decisions, mainly involving studies conducted by iBiquity and “analyzed” by the NAB.
Otherwise, I noted several interesting passages, taken roughly in the order in which the FCC wrote them. Continue reading “FCC Releases Detailed Digital Audio Broadcast Rules”
Category: FCC
FCC Enforcement On Record Pace, Again
A long-overdue update to the Enforcement Action Database reveals that the FCC’s conducted more than 130 enforcement actions against pirate stations this year – nearly apace for all of 2005, when the FCC first began taking an administratively tougher stance on unlicensed broadcasting in a post-LPFM world. If this rate of activity stays constant the year could very well end on the north side of 400 enforcement actions.
I call the FCC’s posture on pirate radio “administratively tougher” because, as the raw data shows, the agency has a hard time escalating its enforcement protocol. The duration between initial site-visit and follow-up warning letter is now in the 10-day range. Sometimes the period between a warning letter and fine can be as short as a month. Continue reading “FCC Enforcement On Record Pace, Again”
XM Repeater Network Entirely Pirate
Last October it was first disclosed that many of the terrestrial repeater stations used to boost the coverage footprint of the XM satellite radio network were operating without FCC approval. Recently XM filed a document with the Securities and Exchange Commission which seems to suggest the pirate nature of the network is more egregious than first confessed. Up to one-third of the company’s 800 repeater-stations are either placed in locations not approved by the FCC, operating at power levels well above those approved by the FCC, and several are on the air without FCC approval for their placement at all. The scope of such flaunting of the rules is unheard of: some of these illicit repeaters are operating with more than 40 kilowatts of power.
What’s more, it’s clear that XM had an economic incentive to break the law: the majority of its illicit repeaters serve the largest markets. More than half of those placed in the Los Angeles market, for example, are operating “at variance” from what they were authorized for. As a whole, according to XM’s own estimation, the 200+ rogue repeaters serve approximately 42 percent of its network’s total coverage footprint. Continue reading “XM Repeater Network Entirely Pirate”
Kevin Martin, Unfunnyman
Sometimes politicians couch the truth in humor. This typically happens when they converge for one of their pat-on-the-back dinners, where they’re surrounded by like-minded friends. Events like the White House Correspondents’ Association dinner come to mind.
In the world of communications policymaking, the hubris-fest happens during the annual dinner of the Federal Communications Bar Association – the cadre of specialized lawyers who grease the Federal Communications Commission’s wheels to keep their clients happy. Headlining this year’s dinner was FCC Chairman Kevin Martin, who, by all reports, was quite a crowd-pleaser.
Check some of his jokes, as reported by Broadcasting & Cable: Continue reading “Kevin Martin, Unfunnyman”
Cell Phones to Stay Off In Air
A whiff of common sense breaks out at the Federal Communications Commission: it has terminated a proceeding that looked into whether or not people should be allowed to use their cell phones on airplanes.
According to regulators, there is “insufficient technical information” to determine whether or not the use of cell phones in the air would interfere with aircraft systems, though the FCC seems more concerned about the potential for interference to cell networks themselves, as phones transition from cell to cell at 400+ miles per hour, while 30,000+ feet off the ground. It’s not something the cell system is really set up to do. Continue reading “Cell Phones to Stay Off In Air”
Full-Power FM Filing Window to Open in October
The FCC will accept applications for non-commercial, full-power FM stations from October 12-19 of this year. That’s a filing window two days longer than the usual, and the heads-up announcement is 4-5 months earlier than standard.
The Prometheus Radio Project calls this “your best, and possibly last, opportunity to bring full power community radio to your town.” All applications must be filed electronically. Check GetRadio.org to do a quick search and see if the possibility exists where you live.
FCC: Market to Decide Fate of HD Radio
On March 22, the Federal Communications Commission removed the final administrative hurdles to allowing the full-scale rollout of in-band, on-channel (IBOC) “HD” digital radio in the United States. It’s a huge win for the industry, though the public benefits remain to be seen.
According to staff testimony at the meeting (which starts at ~1:01:00), the FCC appears unconcerned with HD Radio’s potential pitfalls and more than willing to let the industry set the pace of radio’s analog/digital transition. According to Ann Gallagher, an engineer in the Audio Division of the FCC’s Media Bureau, “substantial additional testing” by iBiquity and the National Association of Broadcasters justifies the expedited deployment of HD Radio. Stations may now commence multicasting and separate their analog and digital antenna systems without formal FCC approval. Continue reading “FCC: Market to Decide Fate of HD Radio”
SFLR Loses Ninth Circuit Appeal
It only took two weeks for the Ninth Circuit to issue its decision regarding San Francisco Liberation Radio‘s challenge to its 2003 raid. The station basically argued that since it was in regular, cordial contact with the FCC throughout a near-decade on air, it should been extended the courtesy of a chance to convince the judge who signed the warrant why such a move was not justified. Additionally, because radio is essentially an “instrumentality of expression,” the gravity of station raids should be weighed in any court’s mind with respect to its potential to hinder that expression.
Two-thirds of the oral argument (30:27, 5.3 MB) was dominated by SFLR’s attorney, Mark Vermeulen. He started by emphasizing the station’s public recognition and willingness to engage the FCC. He was interrupted quite early by a judge (either William Fletcher or Richard Clifton, I don’t know which) who wanted to know why a station that was openly breaking the law deserved gentler treatment just because they were being open about it. Continue reading “SFLR Loses Ninth Circuit Appeal”
Public Interest Obligations for Digital Radio?
When TV broadcasters were given access to new spectrum in order to establish digital channels late in the last decade, the grants were contingent on broadcasters using the spectrum-windfall in ways that served the public interest. This might include things like opening up a slice of each DTV channel to public access, or obligating DTV stations to produce “public-interest” programming with news, educational, or other civic-minded value.
The problem is that while the FCC’s been talking about public-interest obligations for DTV broadcasters for 12 years now, it hasn’t adopted any explicit rule defining what those obligations are, and how stations must comply with them. Meanwhile, DTV stations are going on the air and the spectrum they use – touted as having the capacity to offer as many as six different channels – is being utilized however broadcasters see fit, and this often has nothing to do with providing more free over-the-air content. Continue reading “Public Interest Obligations for Digital Radio?”
FCC 2008 Proposed Budget: No Surprises
From the enforcement perspective, the Enforcement Bureau’s proposed 2008 outlay comes to $46.4 million – this is an increase of just under $2 million from FY 2006-07. The Enforcement Bureau constitutes the second-largest FCC bureau/office in terms of budget size (second only to the Office of Managing Director).
While the number of full-time equivalent employees in Enforcement stays constant through the period, some shuffling within the ranks does occur; FTEs devoted to the goals of “spectrum” and “media” will increase, while those devoted to “public safety/homeland security” will decrease. Continue reading “FCC 2008 Proposed Budget: No Surprises”