In exactly three months, listeners of audio facilities that most think are radio stations could be left scrambling, due to a “sudden” loss of an over-the-air signal they’ve tuned to for years.
That’s because these FM choices aren’t licensed as radio stations, but are analog TV stations using VHF Channel 6 — and benefiting from old-school transponding audio at 87.7 MHz.
On July 13, this is scheduled to end. While there’s chatter among the licensees that this won’t happen, a notable foe of these so-called “Franken FM” facilities has emerged.
It’s NPR.
Could there be new life for the ‘Franken FM,’ despite the long-known shutdown date of July 13 for analog VHF Channel 6 facilities? The RBR+TVBR Spring 2021 Special Report, distributed April 26 to all subscribers, offers an exclusive look at what’s predicted in three months’ time.
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The emergence of the nation’s leading non-secular non-commercial radio entity as the prime challenger to the continuation of audio broadcasts from even a digital Channel 6 is hardly a surprise to operators such as Paul Koplin, President and owner of Venture Technologies Group.
VTG owns WRME-LP 6 in Chicago, which Weigel Broadcasting leases for its successful “Me TV FM 87.7,” providing classic ’60s and ’70s hits to the Windy City. He also owns KBKF-LP 6 in San Jose, used by Educational Media Foundation for its Air 1 Worship Music noncomm network.
VTG, along with Wray Fitch-controlled Signal Above, owner of WDCN-LP 6 (branded as “La Nueva 87.7”) in Washington, D.C., have a plan for keeping audio broadcasts in play. It involves ancillary coverage authorization presently under review at the Commission.
NPR doesn’t want this to happen.
On Monday (4/12), its legal counsel, Christina Burrow of Cooley LLP, filed ex parte communication notifying the Commission of a meeting by phone with Audio Division Chief Al Shuldiner and Burrow, along with two individuals representing her client: Joni Lupovitz, NPR’s Senior Director for Public Policy, and NPR in-house counsel Amanda Huetinck.
How does Burrow frame the nature of the call? She says it was “regarding the digital transition of low power television stations and the impermissibility of the continued transmission of analog audio signals on LPTV Channel 6.”
The phone meeting saw NPR reaffirm a position it first shared in an ex parte letter filed on June 9 with the Pai Commission. Then, NPR argued that the Commission “lacks statutory authority to grandfather continued operation of LPTV analog audio signals after the July 13, 2021 digital transition deadline.”
And, NPR continues to expect that the fundamental use of the 6 MHz DTV license will be for the provision of free over-the-air television service — not for audio-first broadcasting accompanied by secondary video programming.
What about the “hundreds of thousands” of listeners the operators of La Nueva 87.7, which can be heard at the FCC?
NPR acknowledged that even if some Franken FM operators provide programming services that are “well received” by their audiences, “the solution is not to condone the status quo with an analog radio-like service operating in the digital television band, occupying more than 30 times the bandwidth needed for broadcast radio.”
In NPR’s view, “these LPTV6 licensees should either embrace the transition to bona fide digital television service or transition to alternative means to provide analog audio service consistent with FCC rules.” NPR also stressed how the transition deadline for these facilities “has been known for many years.”
As such, leasing a digital subchannel on a standard-band FM is an option, NPR argues. Shifting to an internet-only operation is another possibility NPR offers. Obtaining an FM or LPFM radio license, including by participating in upcoming FM or NCE auctions and filing windows this year, are other possibilities NPR offers. “The Commission does not, however, have the option of allowing the continued analog audio operations of Franken FMs on digital TV spectrum for any significant period of time consistent with Communication Act requirements for the DTV transition, including permitting ‘ancillary and supplementary’ services as digital-only services, as well as clear Commission rules and precedent, including governing the technical standards and standard-setting for DTV transmissions.”
Representing Koplin and VTG is Ari Meltzer at Wiley Law. Tuesday afternoon saw Meltzer put the wheels in motion on what the status of the FCC’s guidance is on the issue.
What does Koplin have to say about NPR’s fight to unplug the “Franken FM”?
“It is not about spectrum — the Channel 6 spectrum has already been assigned to television and will remain so because of legacy stations,” he says. “It is about institutional racism because NPR only wants listeners who think like them and act like them on their end of the dial.”
He adds that a ATSC 3.0 Channel 6 digital and video solution “is working great” at KBKF, the San Jose property used by EMF for Air1. “The ATSC 3.0 video and audio looks fantastic and the analog audio is clear. It meets all specs.”
