With the upcoming vacancy on the Federal Communications Commission as a result of the end of Commissioner O’Rielly’s term that has not been renewed by the President, the current administration has the right to nominate someone to serve as a Commissioner at the FCC.  It is important to remember that the Commission consists of two members from the majority party and two from the minority party and the Chairman, who reflects the majority party at the time.

There continues to be confusion in the Amateur Radio community on how we reached this point with proposed application fees in the Amateur Radio Service.  Some have said that an "exemption for Amateur Radio was removed with RAY BAUM'S". That both is correct and incorrect.  You need to understand the 1986 law and the progress from then to the enactment of RAY BAUM'S. 

Here is some clarification on the way it used to be.  Prior to RAY BAUMS, Public Law 99-272, which was enacted in 1986 stated in Section 158 of the Communications Act, that the Commission shall charge application fees.  Those fees were listed as a fixed table. Amateur Radio was not included as a price point.

The Federal Communications Commission has denied a Petition for Reconsideration filed in MB Docket 19-3 (the NCE/LPFM administrative rulemaking proceeding) on procedural grounds, upholding the long-standing “one winner per group” policy when resolving mutually exclusive (MX)/competing applications where multiple applications could not be granted due to contour overlap (NCE) or distance separation (LPFM) requirements.  

The Petition, filed by Discount Legal called for the Commission to re-look at “secondary grants”, which are situations of where, after eliminating less than qualified applications or applications that did not meet FCC requirements would create a “stray” applicant that would otherwise be grantable if the unqualified applicants are removed. 

On Wednesday, the FCC released a Notice of Proposed Rulemaking (NPRM) in MD Docket 20-270 which implements portions of the Repack Airwaves Yielding Better Access for Users of Modern Services Act of 2018 (or RAY BAUM’S Act), which gives the FCC statutory authority to collect application fees.  As a part of the Act, the FCC is required to switch from a fee structure mandated by Congress 20 years ago to a new cost-based system.  This change will result in some fees being reduced and in some cases, such as the Amateur Radio Service, new fees are being added.

REC Networks has filed a statement with the FCC in MB Docket 19-193 to offer a compromise solution that would allow LPFM stations to use “hand me down” transmitters that were formerly in service by other broadcast and FM translator stations while still protecting the integrity of the spectrum from dangerous uncertified equipment.

In our Opposition to the two Petitions for Reconsideration filed in this proceeding, REC addressed some concerns to the petition filed by Todd Urick where it comes to permitting transmitters that have not been specifically type-certified into the LPFM service.  Currently, §73.1660(a)(2) requires LPFM stations to use certified transmitters.

In our Reply statement, REC has recognized that LPFM stations have had to miss out on opportunities to receive used surplus transmission equipment that may have been recently removed from service at a full-service or FM translator station due to changes at the station such as a digital audio chain and/or HD Radio.