FCC’s Radio Work Continues Amid Little Attention to Other Media Items

The bureau speedily sought public notice on letting radio stations use different power levels for each of their two sidebands, after iBiquity Digital Corp. and NPR studies said it might cut analog interference (CD Nov 2 p6). If approved, which may happen this year, asymmetrical sideband use could help HD Radio stations increase digital power levels while avoiding interference to analog operations, said industry lawyers and an executive. More than 6 million HD Radio devices have shipped, said Stephen Baldacci, senior vice president at iBiquity Digital. It licenses HD Radio technology to broadcasters and consumer electronics makers.

"We're delighted that they're paying attention to broadcast radio,” Baldacci said of the bureau. “We're very pleased the FCC is moving forward to assess our positions. We think there is a great opportunity for broadcasters” with asymmetric sideband use, he continued. In the market, “things are really moving fast” for HD Radio devices, and the number of receivers shipped is doubling each year, Baldacci added: “We're getting to very low, very broad coverage by the major aftermarket” equipment makers.

Prices for HD Radio devices have fallen, both for in-car radios and devices that aren’t portable, Baldacci said. More than 60 new HD Radio CE products are being unveiled at CES this week, the company said. Twenty-two original equipment auto brands are “committed” to the product, iBiquity said. “HD Radio Technology is moving quickly into the mainstream of consumer electronics as OEM Auto makers increase their commitments."

HD Radio continues to be a disappointment to some in the radio industry, who contend the pace of rollout has been slow -- among stations and by auto makers installing radios in their cars and trucks. The bureau and FCC have been trying to encourage the growth of HD Radio for many years now, and in 2010 a tenfold digital radio power increase was authorized, said attorney John Garziglia of Womble Carlyle. “The real thing now is to see how the whole thing plays out with putting receivers into cars,” he said. “What appears to be happening is that chips are being put into radios now, and if that’s part of the manufacturing process, that’s great."

"I don’t think the problem is with the FCC,” David O'Neil of Rini Coran said of digital radio. “The problem is with the industry. Receiver sales have to improve. I think the FCC has been very helpful.” The problem remains of “how do you sell receivers if there is no content?” O'Neil said. He expects to see more broadcasters use FM translators to rebroadcast digital radio programming in analog.

That prospect has LPFM backers worried. They contend such situations cause interference to low-power stations, which under commission rules aren’t protected from harmful radio waves because they're considered a secondary service. Translators are supposed to fill in a station’s coverage area with analog, not to rebroadcast in that format programming that originates in HD, Policy Director Brandy Doyle of community radio advocate Prometheus Radio Project said. “Even when there are no terrain problems, stations are choosing to use their fill-in translators at power levels that are causing problems for LPFM stations, despite the fact that they're not designed to be used” for that purpose, she said: That’s caused interference to LPFM.

The bureau is giving considerable attention to how to finish technical rules for LPFM stations and act on all remaining requests for translator stations from a 2007 auction, so that more low-power stations can be auctioned, said industry and nonprofit officials. While holding an LPFM auction this summer as the bureau had envisioned may not come to pass, an auction could occur later in 2012, said LPFM advocates including Doyle. That would require finishing the technical and 2007 auction proceedings, she and others said. “We're optimistic that things are moving forward,” Doyle said. “But we think a 2012 application window is still very possible, and needed.”

"Everybody wants things to move quickly” among LPFM stations and those who may seek FCC construction permits in an upcoming auction, said Policy Director Matt Wood of Free Press. “We're certainly looking forward to the day when low power opportunities are available in every market.” The Local Community Radio Act that authorized the commission to locate LPFM stations closer on the dial to full-power FM outlets in the same area “is a pretty complicated proceeding,” Wood noted. “I'm certainly glad that they've taken the time to take a hard look at the data” and issues, he said of the commission overall and especially the bureau’s Audio Division. Bureau officials declined to comment for this story. The bureau last week released an economic analysis, finding LPFM has little impact on full-power FM (CD Jan 6 p9).

The quadrennial media ownership review doesn’t much involve radio because there has been little consolidation in the industry in recent years, industry and nonprofit officials said. “It certainly doesn’t seem to be as high-profile as other issues” asked about in the quadrennial review rulemaking notice out last month, said Wood. Free Press generally opposes media mergers and acquisitions. It’s “interesting” the rulemaking asked about radio ownership, though there’s no indication the rules will be modified, Garziglia said. “If the FCC were to change it, there would be a hew and cry from the public interest groups."

Proposals in this rulemaking notice have “hardly been bold,” and it’s hard for either M&A foes or fans to “get excited” about it, said radio attorney John Crigler of Garvey Schubert. “It’s no secret that the commission’s attention has been elsewhere” and not on media issues, he said. “There have been small things, but there hasn’t been a lot.” Giving tribes priority in seeking full-power radio station allotments, which some of his clients may seek, is welcome but came years too late, Crigler said. “That’s a great change, but it comes awfully late in the game.” The commission under Chairman Julius Genachowski seems genuinely committed to help tribes, on radio and other issues, Crigler said. “They have done more in the past year on tribal issues than the commission has done on tribal issues in the past 75 years.”