04-233: REC comments on Broadcast Localism

REC to FCC: Major changes in policy are necessary to promote localism

REC Networks has told the FCC that serious changes need to be made to support local voices have access to the airwaves. REC continues to affirm it's position that because of a serious expansion of full power FM broadcast stations into areas that were otherwise underserved in the past, the FCC needs to seriously consider the status of FM translators including those that do not rebroadcast a local station.

Educational Media Foundation, the operator of two satellite translator networks K-Love and Air1 have encouraged their listeners to fight any attempts to have LPFM displace their translators. Many listeners did comment.

REC confirms fraudulent full power FM and TV applications filed in So. Cal.

KKBT, KPWR, KLVE, KWVE and several TVs impacted.

REC NETWORKS HAS CONFIRMED THAT THE SOUTHERN CALIFORNIA APPLICATIONS FOR KPWR, KLVE AND KWVE ON LAST WEEKEND'S ENCROACHMENT REPORT WERE FRAUDULENTLY FILED. IN ADDITION, FRAUDULENT APPLICATIONS WERE FILED ON KKBT AND 5 LA AREA TELEVISION STATIONS. THIS APPLICATIONS HAVE BEEN PHYSICALLY REMOVED FROM CDBS.

REC'S DATABASE PRODUCTS WILL REFLECT THE DELETED APPLICATIONS ON IT'S LEGACY LOAD ON 10/30 AND IT'S SQL LOAD ON 10/31. CLIENTS USING CHANNEL REPORTS IN SOUTHERN CALIFORNIA THAT INVOLVE THE CHANNELS LISTED BELOW (PLUS 100.3 FOR KKBT) WILL RECEIVE INCORRECT INFORMATION UNTIL THE DATABASE IS UPDATED.

FCC considering taking NCE-TV channel away from Phoenix for Telemundo

REC is very closely watching a Table of Allotments case in Phoenix that can have a ripple effect and could impact the future of channels reserved for non-commercial use.

Just a full disclosure here, REC normally involves itself with radio issues however what we are going to talk about here is going to impact television.

In Phoenix, a Petition for Rulemaking has been filed jointly by NBC (GE)-Telemundo, licensee of KPHZ Channel 11 in the rural community of Holbrook and Community Television Educators, licensee of non-commercial educational station KDTP Channel *39 in Phoenix. KDTP runs Daystar Christian programming.

The joint petitioners are asking the FCC:
- To dereserve Channel *39 in Phoenix to allow for a commercial station (Telemundo) to use the channel

New Jersey LPFM-Translator petition edges slightly forward

New Jersey broadcasters are asking for a tighter controls or an outright ban on LPFM and translators in their state.

The New Jersey Broadcaster's Association petition to change the rules in their state now has an RM number.

RM-11099

Their proposal calls for:
- All LPFMs and translators operating in NJ to provide 44 dBu (50,50) protection to full power commercial FM stations licensed in NJ.
- Adopt use of the 20dB D/U ratio for second adjacent channel.
- Prohibit future grant of stations with less than 100W ERP
- Prohibit the grant of LPFM licenses to any community in NJ

Comment period is for 30 days from 10/8/04.

LPFM Slapped on Wrist for Underwriting

A lesson for all LPFMs who offer mentions in return for underwriting

In an order, the FCC admonoished Enid Public Radio Association, licensee of KUAL-LP in Enid, OK for violation of 73.503(d) and section 399B of the Communications Act.

The FCC used this admonishment to remind LPFMs that "announcements may not contain comparative or qualitative descriptions, price information, calls to action, or inducements to buy, sell, rent or lease.".

According to the FCC, the violations happend over a short period of time and that Enid has put new procedures in place to prevent further violations.

Due to Enid's short but blemish free enforcement record, the Commission is not imposing a fine.

Amendment to Third Adjacent bill brings heartbreak in Jersey

Atlantic City and 9 other NJ towns denied an LPFM future due to S.2505 amendment

The McCain LPFM Radio Act (S.2505) was passed through the Senate Committee on Commerce, Science and Transportation this past week. The version that made it through had two amendments. One was related to LPFM and Full Power FM and their relation to translators. REC is currently analyzing this language and may comment later on this aspect of the amendment.

The other amendment, very cleverly written will retain the third-adjacent channel restrictions in any state that has "more than 3,000,000 housing units and a population density greater than 1,000 people per square mile land area.".

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