FCC Media Bureau Gives Nod to ATSC 3.0 on 'Franken FMs'

FCC Media Bureau approval of a channel 6 TV station’s request for special temporary authority for what some deem Franken FMs could signal to similar stations that the FCC will let them stay on air in analog audio if they follow an ATSC 3.0-based template. The requirement that all low-power TVs cease analog broadcasts by July 13 was considered a threat to the stations that are primarily on audio receivable by FM radios (see 2104300063). Wiley's Ari Meltzer, who represents STA applicant Venture Technologies, said in an interview Thursday’s STA gives at least a temporary nod to a solution.

The STA allows Venture’s KBKF-LD San Jose to offer a digital video and audio signal using 3.0 while continuing to transmit as an ancillary service the analog audio that's the primary content for most channel 6 TV stations. Broadcaster George Flinn said in a filing in May he's ready to do so but didn’t want to commit to upgrading his station without knowing it could still operate (see 2105130024). The Preserve Community Programming Coalition -- also represented by Meltzer -- also argued for the ATSC 3.0 proposal. A Media Bureau official confirmed it would require the same conditions of any similar applicant.

The new permission can be modified or terminated if the operation causes interference; the audio and video signals must reach similar populations; and Venture must submit reports after 90 and 180 days on how the set-up is performing and any interference issues. “This STA has been issued on a non-interference basis and may be immediately modified or terminated if the operation causes interference to any other licensed user,” the filing said. “Should any unexpected interference occur, Venture pledges to promptly take remedial action, including termination of all or part of the Station’s signal, if necessary.” NPR, an opponent of efforts to let channel 6 stations keep broadcasting, raised interference concerns in docket 03-185, saying this spectrum should go toward more radio stations. NPR didn’t comment on the STA.

Venture argues the solution is allowed under the rules, filing out of “an abundance of caution,” the order said. KBKF-LD has been operating under the configuration for three months and “claims that no station has reported any interference or other issue,” said the STA. KBKF must also “provide at least one stream of synchronized video and audio programming on the ATSC 3.0 portion of the spectrum on a full time (24x7) basis,” the STA order said.

The STA grant also has a six-month time limit, after which stations would have to reapply to continue broadcasting. Melzer said that’s standard for STAs, but it also allows the FCC to change its mind later. There’s also a pending rulemaking in 03-185 on whether the analog radio services from digital LPTV stations can be considered ancillary services.