Comment Period Opens On Fifth ‘Franken FM’ NPRM

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The FCC has been considering the idea of an audio service piggybacking on television Channel 6 since 2014. Now, it has formally commenced a comment and reply comment period on a fifth — yes, fifth — Notice of Proposed Rulemaking on the matter.


As such, interested parties can tell the Commission exactly what they think about any amendment of “Parts 73 and 74 of the Commission’s Rules to Establish Rules for Digital Low Power Television and Television Translator Stations.”

On June 7, the Commission released a Fifth Notice of Proposed Rulemaking (NPRM)
seeking comment in MB Docket No. 03-185 on the operation of analog radio services by digital low power television stations (LPTV) as ancillary or supplementary services.

The comment date was established as 30 days after publication in the Federal Register, with a reply comment date some 45 days after such publication. Publication was seen on Friday. As such, comments will be due on July 18; reply comments are due on or before August 1, 2022.

To individuals like Paul Koplin, of Channel 6 licensee Venture Technologies Group, it’s a proposal that would allow the operation of analog FM radio services by Channel 6 digital low-power television stations.

Specifically, the FCC is seeking comment on whether allowing continued FM6 analog radio operations by existing digital channel 6 LPTV stations serves the public interest. The Commission also wants public input on whether to eliminate or revise the television channel 6 distance separation rules for low power FM, noncommercial educational FM, 10-watt FM and FM translator stations operating on reserved band FM Channels 201-220 (88.1 MHz-91.9 MHz).

Koplin has been a key proponent of keeping the audio service in place, turning TV services into radio stations. In 2014, his Venture Technologies Group) proposed to use an ATSC 1.0 digital television transmitter on channel 6 and a separate analog radio transmitter tuned to 87.75 MHz to simultaneously operate a digital LPTV station on channel 6 and an analog FM radio-type service. Thus, the FM service was to be treated as “ancillary or supplementary” under Commission rules. Thus began an eight-year quest to get a rule change.

The biggest opponent to the plan is NPR, the largest secular entity with programming on the noncommercial educational segment of the FM band in the United States.

That said, the NPRM contains a concession, if you will, to getting “FM6” services permanently licensed by the Commission. The proposal includes a NPR proposal to license additional Noncommercial FM radio stations on 82-88 MHz in areas where channel 6 LPTV and full-power stations are currently not operating. As nearly every FM radio in use in North America doesn’t go lower than 87.7 MHz, this opens the door for new radio stations at that frequency — while not allowing any further “FM6” services, thus making what is certainly in existence grandfathered. These stations include KBKF-LP in San Jose, Calif., owned by VTG, and Signal Above LLC’s WDCN-LP, serving Washington, D.C., with Spanish Contemporary and Tropical music as “La Nueva 87.7.”


For a full scope of the Fifth Notice of Proposed Rulemaking, please click here.

 

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