General Newsletter for the benefit of Clients of T Z Sawyer Technical Consultants - "The Spectrum Factory." Your comments are welcome.
Monday, May 4, 2020
FCC Waiver of Recruitment for Station Re-Hires due to Covid-19 Lay-offs
FCC Waiver of Recruitment for Station Re-Hires due to Covid-19 Lay-offs
Under FCC EEO rules, broadcast station units employing five or more full-time employees and multichannel video programming distributors (MVPDs) employing six or more full-time employees are required to engage in broad recruitment outreach for all full-time job vacancies. The FCC has issued the attached waiver as follows:
“broadcast licensees and MVPDs may re-hire full-time employees who were laid off due to circumstances related to the ongoing COVID-19 pandemic without first conducting broad recruitment outreach, if they re-hire such employees within nine months after the date they were laid off. This partial waiver of the outreach requirement pertains only to employees who were released due to circumstances related to the COVID-19 pandemic.”
Tuesday, April 28, 2020
A proactive response to a shifting construction landscape
A proactive response to a shifting construction landscape
As the impacts of the COVID-19 pandemic continue to expand, businesses are
struggling to grasp what this will likely mean for their operations—especially their construction projects and capital expenditure programs.
There will be delays, loss of efficiencies, and cost impacts, and there is little to no precedent to help companies understand the potential future impacts or when restrictions may end.
TZSTC stands ready to help untangle the problems and help you navigate the FCC regulatory issues that may result from delayed construction.
Don't wait until its too late to extend your construction permit deadlines. Contact us today at 703-848-2130.
Don't wait until its too late to extend your construction permit deadlines. Contact us today at 703-848-2130.
Tuesday, April 21, 2020
FCC SEEKS SUPREME COURT REVIEW OF THIRD CIRCUIT DECISION OBSTRUCTING COMMISSION EFFORTS TO MODERNIZE MEDIA OWNERSHIP RULES
FCC SEEKS SUPREME COURT REVIEW OF
THIRD CIRCUIT DECISION OBSTRUCTING COMMISSION
EFFORTS TO MODERNIZE MEDIA OWNERSHIP RULES
THIRD CIRCUIT DECISION OBSTRUCTING COMMISSION
EFFORTS TO MODERNIZE MEDIA OWNERSHIP RULES
WASHINGTON, April 17, 2020—Federal Communications Commission Chairman Ajit Pai
released the following statement after the Solicitor General petitioned the U.S. Supreme Court
for a writ of certiorari to review the judgment of the United States Court of Appeals for the
Third Circuit in Prometheus Radio Project v. FCC:
released the following statement after the Solicitor General petitioned the U.S. Supreme Court
for a writ of certiorari to review the judgment of the United States Court of Appeals for the
Third Circuit in Prometheus Radio Project v. FCC:
“In November 2017, we adopted long-overdue reforms of our media ownership rules to allow
broadcasters to compete in today’s dynamic media marketplace. Our action was consistent
with Congress’s command that we repeal or modify any such rules that are no longer in the
public interest as a result of competition. It’s unfortunate that the same divided panel of the
Third Circuit yet again has blocked the Commission’s efforts to modernize our media
ownership rules—the latest obstruction of Commission action and congressional intent in
several cases over the last 17 years. As our filing notes, the court’s decisions have frozen in
place decades-old ownership restrictions that have outlived their competitive usefulness in the
digital age. Throughout our proceedings, the FCC has solicited extensive public input,
reviewed voluminous record materials, and adopted policies that the Commission determined
would strengthen local news outlets. Absent further action by the Supreme Court, broadcasters
will continue to be saddled with outdated regulations. The Supreme Court’s intervention is
necessary to restore the Commission’s discretion to regulate in the public interest and
modernize media ownership regulation for the digital age, as Congress intended.”
broadcasters to compete in today’s dynamic media marketplace. Our action was consistent
with Congress’s command that we repeal or modify any such rules that are no longer in the
public interest as a result of competition. It’s unfortunate that the same divided panel of the
Third Circuit yet again has blocked the Commission’s efforts to modernize our media
ownership rules—the latest obstruction of Commission action and congressional intent in
several cases over the last 17 years. As our filing notes, the court’s decisions have frozen in
place decades-old ownership restrictions that have outlived their competitive usefulness in the
digital age. Throughout our proceedings, the FCC has solicited extensive public input,
reviewed voluminous record materials, and adopted policies that the Commission determined
would strengthen local news outlets. Absent further action by the Supreme Court, broadcasters
will continue to be saddled with outdated regulations. The Supreme Court’s intervention is
necessary to restore the Commission’s discretion to regulate in the public interest and
modernize media ownership regulation for the digital age, as Congress intended.”
###
Monday, April 20, 2020
This week, the FCC will consider an Order that would modernize the Low Power FM Radio rules to provide more flexibility for licensees.
FCC FACT SHEET
Amendments of Parts 73 and 74 to Improve the LPFM Radio Service Technical Rules Report and Order – MB Docket Nos. 19-193, 17-105
Background: The Commission established the Low Power FM (LPFM) service in 2000 as a secondary, noncommercial broadcast radio service with a community focus.
The Commission designed the LPFM technical rules to be simple so that non-profit organizations with limited engineering expertise and small budgets could readily apply for, construct, and operate community-oriented stations serving highly localized areas.
In July 2019, the Commission adopted a Notice of Proposed Rulemaking proposing to update the LPFM technical rules to reflect the maturity of the service.
These proposals reflected changes sought by LPFM advocates and licensees to improve their signals and provide more regulatory flexibility. The Report and Order would adopt most of the NPRM’s proposed rule changes, with small revisions.
The measures set forth in the Order would allow LPFM licensees to improve reception and increase flexibility in transmitter siting while maintaining interference protection and the core LPFM goals of diversity and localism.
What the Order Would Do:
• Expand the circumstances in which LPFM stations may use directional antennas and allow custom models designed for specific locations instead of only “off-the-shelf” models with parameters set by the manufacturer.
• Redefine LPFM station “minor changes,” which an LPFM licensee can apply for at any time without awaiting a filing window. The Order would revise the current definition from a change in transmitter location that does not exceed 5.6 kilometers to a change which either: (a) does not exceed 11.2 kilometers; or (b) involves overlapping 60 dBu contours of the station’s own existing and proposed facilities.
• Permit LPFM stations to own and operate FM booster stations, which amplify and rebroadcast a station’s signal, usually in areas with irregular terrain. • Make available to LPFM stations and other broadcast stations operating on the FM reserved band (Channels 201 to 220) waivers of the requirement to protect television stations operating on television channel 6 (TV6), which is adjacent to the FM reserved band. An FM radio applicant may request such a waiver if the TV6 station concurs or the applicant demonstrates that no interference would result. The Order would defer to a future proceeding the question of whether to sunset TV6 protections entirely after the July 13, 2021, completion of the transition of low-power television operations from analog to digital.
• Clarify that LPFM stations that go silent must, like other broadcast stations, notify the Commission if they are off-air for more than ten days and request Commission authority to remain off-air more than 30 days.
• Make non-substantive rule changes to conform provisions governing third-adjacent channel interference, correct repetitive language, and remove outdated information.
Amendments of Parts 73 and 74 to Improve the LPFM Radio Service Technical Rules Report and Order – MB Docket Nos. 19-193, 17-105
Background: The Commission established the Low Power FM (LPFM) service in 2000 as a secondary, noncommercial broadcast radio service with a community focus.
The Commission designed the LPFM technical rules to be simple so that non-profit organizations with limited engineering expertise and small budgets could readily apply for, construct, and operate community-oriented stations serving highly localized areas.
In July 2019, the Commission adopted a Notice of Proposed Rulemaking proposing to update the LPFM technical rules to reflect the maturity of the service.
These proposals reflected changes sought by LPFM advocates and licensees to improve their signals and provide more regulatory flexibility. The Report and Order would adopt most of the NPRM’s proposed rule changes, with small revisions.
The measures set forth in the Order would allow LPFM licensees to improve reception and increase flexibility in transmitter siting while maintaining interference protection and the core LPFM goals of diversity and localism.
What the Order Would Do:
• Expand the circumstances in which LPFM stations may use directional antennas and allow custom models designed for specific locations instead of only “off-the-shelf” models with parameters set by the manufacturer.
• Redefine LPFM station “minor changes,” which an LPFM licensee can apply for at any time without awaiting a filing window. The Order would revise the current definition from a change in transmitter location that does not exceed 5.6 kilometers to a change which either: (a) does not exceed 11.2 kilometers; or (b) involves overlapping 60 dBu contours of the station’s own existing and proposed facilities.
• Permit LPFM stations to own and operate FM booster stations, which amplify and rebroadcast a station’s signal, usually in areas with irregular terrain. • Make available to LPFM stations and other broadcast stations operating on the FM reserved band (Channels 201 to 220) waivers of the requirement to protect television stations operating on television channel 6 (TV6), which is adjacent to the FM reserved band. An FM radio applicant may request such a waiver if the TV6 station concurs or the applicant demonstrates that no interference would result. The Order would defer to a future proceeding the question of whether to sunset TV6 protections entirely after the July 13, 2021, completion of the transition of low-power television operations from analog to digital.
• Clarify that LPFM stations that go silent must, like other broadcast stations, notify the Commission if they are off-air for more than ten days and request Commission authority to remain off-air more than 30 days.
• Make non-substantive rule changes to conform provisions governing third-adjacent channel interference, correct repetitive language, and remove outdated information.
Monday, April 6, 2020
FCC AFFIRMS FIRST AMENDMENT BY DENYING PETITION SEEKING TO SUPPRESS COVERAGE OF WHITE HOUSE CORONAVIRUS TASK FORCE NEWS CONFERENCES
Media Contact: Tina Pelkey, (202) 418-0536
tina.pelkey@fcc.gov
For Immediate Release
FCC AFFIRMS FIRST AMENDMENT BY DENYING PETITION SEEKING TO SUPPRESS COVERAGE OF WHITE HOUSE CORONAVIRUS TASK FORCE NEWS CONFERENCES
Rejects Government Investigation into Broadcasters in Favor of a Free Press
WASHINGTON, April 6, 2020—The Federal Communications Commission’s Office of General Counsel and Media Bureau today wholly rejected a petition by Free Press demanding a government investigation into broadcasters that have aired statements by the President of the United States during White House Coronavirus Task Force briefings and related commentary regarding the coronavirus pandemic by other on-air personalities.
The letter order, co-signed by General Counsel Thomas M. Johnson, Jr. and Media Bureau Chief Michelle Carey, notes that Free Press’ petition seeks remedies that would dangerously curtail the freedom of the press embodied in the First Amendment and misconstrues the Commission’s rules.
The decision also makes clear that the FCC will neither act as a roving arbiter of broadcasters’ editorial judgments nor discourage them from airing breaking news events involving government officials in the midst of the current global pandemic.
Following the denial of Free Press’ petition, Federal Communications Commission Chairman Pai issued the following statement: “Under my leadership, the FCC has always stood firmly in defense of Americans’ First Amendment freedoms, including freedom of the press. And so long as I am Chairman of this agency, we always will.
The federal government will not—and never should—investigate broadcasters for their editorial judgments simply because a special interest group is angry at the views being expressed on the air as well as those expressing them. In short, we will not censor the news. Instead, consistent with the First Amendment, we leave it to broadcasters to determine for themselves how to cover this national emergency, including live events involving our nation’s leaders.” ###
tina.pelkey@fcc.gov
For Immediate Release
FCC AFFIRMS FIRST AMENDMENT BY DENYING PETITION SEEKING TO SUPPRESS COVERAGE OF WHITE HOUSE CORONAVIRUS TASK FORCE NEWS CONFERENCES
Rejects Government Investigation into Broadcasters in Favor of a Free Press
WASHINGTON, April 6, 2020—The Federal Communications Commission’s Office of General Counsel and Media Bureau today wholly rejected a petition by Free Press demanding a government investigation into broadcasters that have aired statements by the President of the United States during White House Coronavirus Task Force briefings and related commentary regarding the coronavirus pandemic by other on-air personalities.
The letter order, co-signed by General Counsel Thomas M. Johnson, Jr. and Media Bureau Chief Michelle Carey, notes that Free Press’ petition seeks remedies that would dangerously curtail the freedom of the press embodied in the First Amendment and misconstrues the Commission’s rules.
The decision also makes clear that the FCC will neither act as a roving arbiter of broadcasters’ editorial judgments nor discourage them from airing breaking news events involving government officials in the midst of the current global pandemic.
Following the denial of Free Press’ petition, Federal Communications Commission Chairman Pai issued the following statement: “Under my leadership, the FCC has always stood firmly in defense of Americans’ First Amendment freedoms, including freedom of the press. And so long as I am Chairman of this agency, we always will.
The federal government will not—and never should—investigate broadcasters for their editorial judgments simply because a special interest group is angry at the views being expressed on the air as well as those expressing them. In short, we will not censor the news. Instead, consistent with the First Amendment, we leave it to broadcasters to determine for themselves how to cover this national emergency, including live events involving our nation’s leaders.” ###
Thursday, March 26, 2020
FCC Makes Funds Available to Reimburse Eligible LPTV/Translator Stations For Displacement Facility Costs
March 26, 2020 - 12:15 pm
By Jean Kiddoo | Chair, Incentive Auction Task Force
Hillary DeNigro | Deputy Chair, Incentive Auction Task Force
During these uncertain times when local TV broadcasters are reporting that they are facing financial challenges arising from the coronavirus (COVID-19) pandemic and yet still playing a vital role in making critical healthcare information available to their viewers, we thought it appropriate to provide an update on the status of the post-Incentive Auction transition. We are pleased to share the good news that we today announced an initial allocation of over $87 million from the TV Broadcaster Relocation Fund for low power television (LPTV) and TV translator (together LPTV/Translator) stations. This allocation enables us to begin reimbursing approved invoices submitted by eligible LPTV/Translator stations displaced by the Incentive Auction for costs they have incurred related to the construction of new or modified facilities.
Repacked TV stations have been working hard since the auction closed in April 2017 to assure that the post-Incentive Auction transition has kept on schedule. We are in the 9th phase of a 10-phase transition. 848 out of 987 total repacked TV stations nationwide (over 85%) have already vacated their pre-auction channels, over 82% of those using permanent facilities. As a result, T-Mobile has reported that it has already been able to commence operation on much of its nationwide 600 MHz spectrum covering 200 million people, with some of that spectrum being used to provide 5G. In addition, consistent with the Commission’s efforts to keep Americans connected during the coronavirus pandemic, the Commission recently granted T-Mobile authority to use additional spectrum in the 600 MHz band licensed to other carriers as a result of the Incentive Auction to help it add capacity that will allow Americans to participate in telehealth, distance learning, and telework, and to remain socially connected while practicing important social distancing.
TV and radio stations are also playing a crucial part in assuring that Americans stay connected to local and national news and alerts during these difficult times, and we recognize that construction, delivery, and other delays to their transition efforts may occur as a result of the COVID-19 pandemic. Therefore, while we’ve already had some phase 9 stations complete their transitions notwithstanding these challenges, we recently advised repack TV stations assigned to phase 9 that if a station believes it can’t meet the May 1, 2020, deadline, we will grant it a waiver to the phase 10, July 3 deadline. Importantly, however, while there may be a construction delay for some stations, our Fund Administrator and staff have continued to process and approve invoices from all eligible full power and Class A repack stations and FM stations promptly so that they are reimbursed for their eligible costs without any delay during these uncertain times.
With our most recent action today, we will now be able to commence reimbursement payments to certain LPTV/Translator stations who were displaced by the rebanding and repacking process as a result of the Incentive Auction and commencement of service by forward auction winners. We received 947 eligibility submissions from LPTV/Translator stations and, together with our Fund Administrator, determined that 844 satisfy the statutory eligibility criteria. The aggregate reimbursement demand for all the LPTV/Translator stations that filed estimates was $164,922,143, and the verified total amount of estimates for stations determined to be eligible was $102,437,198. Our initial allocation to each eligible LPTV/Translator station represents 85 percent of each station’s verified cost estimates in recognition of the fact that there are factors that may exert upward pressure on the total amount of verified cost estimates, and we will monitor closely the drawdown of the Fund as well as revisions to initial cost estimates to determine if additional allocations are warranted. It is therefore important that eligible LPTV/Translator stations seeking reimbursement timely submit invoices after incurring costs.
LPTV/Translator stations may immediately begin submitting documentation of actual expenses incurred for approval to be drawn down against their individual allocations by uploading invoices or receipts and resubmitting the reimbursement form in the Bureau’s Licensing and Management System. Invoices for actual expenses incurred that have already been submitted will also be reviewed and processed for payment upon approval. LPTV/Translator stations should also be aware that while there was no deadline for submission of Form 1876 banking instructions, payments cannot be made until a station’s Form 1876 has been approved – a process that can take several weeks.
Especially in these unprecedented times, we thank the broadcasting industry, equipment vendors, tower workers, and other partners for their hard work during the post-Incentive Auction transition. These efforts are an important element to accomplishing the Commission’s mission to align spectrum use with the 21st century consumer’s demand for wireless, 5G, and broadband services.
Wednesday, March 25, 2020
A message from T Z Sawyer Technical Consultants on COVID-19
I'd like to share
with you a short update. COVID-19 is impacting all of us —
individuals, businesses, and communities — in unprecedented ways. TZSTC
continues to be here for you, and reassure you that your projects with us will
continue to move forward in a timely manner. The FCC is processing applications
during this period, and I have received several grants in the past few days.
Many of you are
aware that I have recently returned from Spain - which has required that I
endure a mandatory CDC imposed 14-day quarantine here at the house, that
quarantine restriction expires on March 31. I feel fine, no worries so far, as
of day 8 of the mandatory quarantine period.
This moment in
history affords us the opportunity to look at new ways to operate and stay
connected with each other. While I will attempt to maintain regular office
hours, you are encouraged to use email to reach out to me when possible. I've also adopted the "Zoom" video
conferencing and meeting software platform should you wish to have a bit of
face-time or simply use the "multiple attendees" function of the
platform to bring your key personnel into the meeting. I'll be happy to set up
a Zoom voice-only or video/voice conference with you and your staff as needed.
Best wishes to all
- Stay Healthy and Stay home if possible.
Sincerely,
Tim Sawyer
T Z Sawyer
Technical Consultants
2130 Hutchison Grove Court • Suite 100 • Falls Church, VA 22043
703.848-2130 • Visit us online at www.tzsawyer.com
703.848-2130 • Visit us online at www.tzsawyer.com
• Zoom Video Conferencing is available •
Thursday, January 30, 2020
AUCTION 106 FREEZE ANNOUNCED FOR FM MINOR CHANGE APPLICATIONS
AUCTION 106 FREEZE ANNOUNCED FOR FM MINOR CHANGE APPLICATIONS
AU Docket No. 19-290
The Media Bureau announces that it will not accept FM commercial and noncommercial educational (NCE) minor change applications during the Auction 106 Form 175 application filing window. This window will open on January 29, 2020, and close on February 11, 2020.
TZSTC comments: While it would appear that the freeze extends to all FM broadcast applications it does NOT extend to secondary applications, i.e., FM Translators.
Thursday, January 16, 2020
FM Auction 106 Deadlines
The following dates and deadlines apply to FM Auction #106
Short-Form Application (FCC Form 175) Filing Window
Opens January
29, 2020, 12:00 noon Eastern Time (ET)
Closes February 11, 2020, 6:00 p.m. Eastern Time (ET)
Upfront Payments (via wire transfer) due by March 20, 2020, 6:00 p.m. Eastern Time (ET)
Those wishing to participate in this auction must:
- Submit a short-form application (FCC Form 175) electronically prior to 6:00 p.m. ET, on February 11, 2020, following the electronic filing procedures set forth in Attachment B to this Public Notice, that complies with the Commission’s competitive bidding rules and other requirements set forth in this Public Notice;
- Submit a sufficient upfront payment and a complete and accurate FCC Remittance Advice Form (FCC Form 159) by 6:00 p.m. ET, on March 20, 2020, following the procedures and instructions set forth in Attachment C to this Public Notice; and
- Comply with all provisions outlined in this Public Notice and applicable Commission rules.
ONLY those cities listed on the attachment A attached are up for
bid.
If you are thinking about participating in this auction I strongly suggest that you contact an Attorney that is familiar with the FCC auction procedures to assist you;
AND that do a "due diligence" study (engineering study) on the facility(s) in which you are interested.
Many of the facilities being proposed have poor service areas, with limited service population and may not really be suitable for use, or have highly restrictive site locations that may be impossible to build. The FCC has not evaluated the suitability of any of the auction facilities beyond their ability to provide service to the community of license. Other restrictions may apply that are not readily apparent without an independent engineering study (contact me if you need assistance).
Links below for more information (FCC Public Notices)
Links below for more information (FCC Public Notices)
Tuesday, January 7, 2020
Digital AM Radio NPRM MB Docket Nos. 19-311, 13-249
Digital AM NPRM MB Docket Nos. 19-311, 13-249
Comment Date: March 9, 2020
Reply Comment Date: April 6, 2020
On November 25, 2019, the Commission adopted and released a Notice of Proposed Rulemaking in a proceeding to establish rules governing all-digital broadcasting by AM radio stations. The Commission sought comment on allowing AM broadcasters to broadcast using an HD Radio all-digital signal. The NPRM set deadlines for filing comments and reply comments at 60 and 90 days, respectively, after publication of the NPRM in the Federal Register.
By this Public Notice, the Media Bureau announces that the NPRM was published in the Federal Register on January 7, 2020.
Comments must be submitted no later than March 9, 2020. Reply Comments must be submitted no later than April 6, 2020.
Commenters should follow the filing instructions provided in paragraph 44 of the NPRM.
The NPRM is also available on the Commission’s website.
For additional information on this proceeding, contact Christine Goepp, Christine.Goepp@fcc.gov or James Bradshaw, James.Bradshaw@fcc.gov of the Media Bureau, Audio Division, (202) 418-2700.
Press inquiries should be directed to Janice Wise, (202) 418-8165.
By the Chief, Media Bureau
Link to Notice here
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