LPFM Hopefuls Put Finishing Touches on Applications While Trying to Meet Extended Deadline
The extension of the low-power FM application window makes up for the time that LPFM hopefuls lost during the 16-day government shutdown, rather than giving applicants more time to work on their applications, some LPFM advocates said. The FCC Media Bureau opened the window last week and will accept applications until Nov. 14, the bureau said in a public notice (http://bit.ly/1fQRooX). It also will hold a webinar Thursday, it said. The Q-and-A session was rescheduled from Oct. 3 (CD Oct 4 p2).
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Some applicants said it’s difficult to ensure that their applications are error-free. “It’s a gamble,” said Lloyd Ewing, a board member of North Austin (Texas) Community Media. “There’s no assurance of anything,” he said. “You can hire an expensive lawyer who specializes in FCC applications, but that’s just prohibitively expensive for a small operation like this.” NACM’s progress on the application was hindered by the shutdown, which blocked the Consolidated Database System (CDBS) on the FCC website (CD Oct 17 p3). Ewing said he’s taking some time to use CDBS to view other applications for some guidance on the NACM application.
Because most applicants couldn’t work on their applications at all during the shutdown, the extension until Nov. 14 replaces the weeks that were lost, said Sanjay Jolly, policy director for Prometheus Radio Project. The replacement of time applies disproportionately to applicant groups without financial resources to hire commercial engineering firms, “as these groups are more likely to rely on free public software and advice from FCC staff,” he said. “Broadcast engineers are over capacity,” Jolly said. Some applicants will be pressed for time for the required engineering studies, he added.
Austin Airwaves, a community media advocacy group, guided about 10 organizations through the application preparation process, said Jim Ellinger, an LPFM advocate and member of Austin Airwaves. “Our groups are, in fact, ready,” he said. “We're encouraging our applicant groups to put a second or third set of eyes on their applications."
The upcoming webinar will be useful for groups still trying to decide whether to file, Ellinger said. “We're aware of groups that are just now looking into having an LPFM station.” It’s relatively easy for them to prepare over the next few weeks, he said. “But for non-radio people, any federal regulatory application is a fairly intimidating thing.” The webinar would help them, he said.
The extension allows more time for applicants, but still doesn’t make the process any easier for them, said Clay Leander, president of Common Frequency, who advocated for an extension along with Prometheus Radio Project (CD Oct 21 p14). “Unlike professional broadcasters, a lot of community-based organizations don’t have access to the same type of professional resources,” he said. The webinar and other information from the FCC have helped, “but it still can be rather esoteric for the average applicant,” he said. Common Frequency is continuing to do outreach and provide guidance to help people stay on the right track, Leander added.
The Fletcher Heald law firm urged applicants to consult the sixth order on reconsideration of the creation of an LPFM service. The sixth order (http://bit.ly/19YNkyK) was released last week (CD Oct 21 p14). It helps applicants somewhat “with respect to their obligations relative to protection of off-air input signals on third adjacent channels to the proposed LPFM station,” the law firm said in a blog post (http://bit.ly/1a2Y40Q). The applicable rule barred any actual interference to such input signals at all locations, it said. The only technically relevant point “at which predicted interference should be measured is the location of the translator’s receive antenna,” it said. The order also specifies that post-window LPFM amendments reducing the applicant’s comparative or basic eligibility will be held against the applicant, it said.