FCC Releases AM Revitalization Order

The FCC released the text of its AM revitalization order, creating a 2016 window for AM stations to apply for waivers to relocate existing FM translators, and a 2017 window for AM stations that didn’t use the first window to apply for new FM translators, as expected (see 1510220060). “We are very pleased that all five Commissioners came together in a spirit of compromise to unanimously approve this order,” said National Association of Black Owned Broadcasters President Jim Winston in a statement Saturday. The item includes a report and order, plus a Further NPRM and a notice of inquiry that seek comment on possible further policies such as removing skywave protections for Class A stations. The Media Bureau is already taking action on the order, issuing a public notice Monday on the specifics of the 2016 window application process.

The 2016 window allowing stations to relocate a translator up to 250 miles away will be broken up into two portions, an initial six-month window that is only for Class C and D AM stations that will open during Q1, and a second three-month window for all AM stations that opens immediately after the close of the first, the order and PN said. “Class C AM stations are limited to 1 kilowatt of power, day and night, and Class D AM stations have no protected nighttime service,” said the PN. “These service-limited stations are most likely to benefit from an FM translator.” The 2017 window for new AM-only FM translator applications will be broken up similarly, the order and PN said. “The decision will give Class C and D AM radio station licensees meaningful opportunities to acquire FM translators,” said Winston.

Only stations that didn’t apply for the 2016 window will be eligible for the 2017 one, the order said. It would have been better for the commission to allow AM stations the flexibility to apply for both, said Fletcher Heald attorney Frank Montero, though he conceded he’s happy just to have the 2017 window codified in the order. Most AM licensees will likely try for the earlier window, largely because it will mean quicker relief, Wilkinson Barker radio lawyer David Oxenford told us: “They don’t want to wait.” Though broadcasters initially had been concerned that the prices for translators available in the 250-mile waiver window would be too high for most AM licensees, Oxenford said many knowledgeable in the industry no longer believe this to be true. Some stations will need to take advantage of the 2017 window, such as those located too far away from a translator to take advantage of the 2016 one, said Womble Carlyle radio lawyer John Garziglia.

The order also contains many “rule tweaks” to help AM stations improve their signal quality, said Garziglia. The changes include loosening of the restrictions of where AM stations can locate their transmitters and coverage and efficiency standards. The rule changes aren’t comprehensive, and many apply only when a station relocates, or makes changes to its facilities, said Oxenford. AM stations that aren’t planning a move soon might find it tough to take advantage of much of the revitalization order, he said. That is why the inclusion of the translator windows was important, Oxenford said. Restricting the changes to relocating stations will still allow them to apply to many stations, Garziglia said, because many AM stations are likely to relocate. Because the revenue for AM is often very low, the real estate on which many older AM stations sit has become more valuable than the facilities, making relocation an attractive option, he said.

The FCC also released an FNPRM and NOI seeking comment on future revitalization efforts. One proposal from the FNPRM, removing skywave protections for Class A AM stations, has been vocally supported by NABOB’s Winston but called “incendiary” by Garziglia. That item, which iHeartMedia has already visited the FCC to oppose (see:1510150067), is seen as having a much harder road to becoming a rule than the AM revitalization order. The FNPRM also looks at changing the rules for FM cross-service fill-in translators, something many broadcasters would have liked to see in the revitalization order, Oxenford said. The NOI seeks comment on allowing more stations to use of the expanded band, which Oxenford said hasn’t been used much by the stations that already operate there. “A more complete record is needed before proposing rules regarding further expansion of the 1605-1705 kHz band,” said the NOI.