As Repacking Looms, Focus Increases on Radio
Broadcasters are becoming increasingly concerned about how the post-incentive auction repacking of TV stations will affect FM stations, engineers and attorneys told us. They said engineers have been discussing the matter for some time, and the matter recently became the subject of a push by NAB (see 1703140066). The association visited the FCC on the issue twice this month so far, according to ex parte filings. Unlike full-power and Class A TV stations, FM stations that have to change their facilities or go dark because of the repacking won’t be reimbursed, and they can’t use pay-TV carriage to reach viewers if the repacking affects signal strength, said Womble Carlyle radio lawyer John Garziglia. The FCC didn't comment.
Sign up for a free preview to unlock the rest of this article
Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.
“It has become clear that the repack will have a significant impact even on non-repacked broadcasters, including FM radio stations,” said NAB in an ex parte filing posted in docket 16-306 Monday. “These stations and their listeners are threatened with potential service disruptions despite the fact that they have nothing whatsoever to do with the auction.” NAB has been lobbying both the FCC and Capitol Hill on the matter, broadcast attorneys said, including during a recent fly-in of state broadcasters.
It won’t be certain how large an issue the repacking will be for FMs until the Incentive Auction Task Force in April releases the closing and channel reassignment (CCR) public notice and information on which broadcaster was assigned to what channel, said industry insiders. Towers that contain both TV and radio and require substantial changes are the most likely to create problems for FM broadcasters, broadcast officials said. Without the CCR, it’s difficult to tell where the issues will arise, they said. Each tower is unique and will require its own structural analysis, said National Association of Tower Erectors President Todd Schlekeway.
The biggest problem for FM outlets affected by the repacking is likely to be disruption of service, said broadcast engineer Robert duTreil, president of duTreil Lundin. As repacked TV stations on a tower need their equipment replaced, gear belonging to other tenants, such as radio stations, may need to be moved or disconnected. Having to go off air can do significant damage to a radio station’s bottom line, Garziglia said.
The FCC $1.75 billion reimbursement fund doesn't go to FM stations. Only radio broadcasters with contracts with TV stations on their tower that address possible issues of repairs and improvements to antennas are likely to be compensated, said Fletcher Heald broadcast attorney Frank Montero. Such contracts are infrequent, duTreil said.
With the 39-month clock expected to start in April, dealing with the possible repacking threat to FM stations has become pressing, said Montero. Chairman Ajit Pai’s perceived interest in helping radio likely also is a factor in the recent push, Montero said. Though the incentive auction generated less money than expected, the $6 billion it contributed to the treasury could also be a factor -- broadcast attorneys said a federal haul from the auction would boost broadcaster arguments for increased reimbursement funds.