Update III: AM On FM Translators - Revised Form 349 Now Available

Posted on October 17, 2009 by FHH Law

On September 1, we reported that the FCC had, at long, long last, managed to get its order authorizing the rebroadcast of AM stations on FM translators published in the Federal Register, thus establishing an effective date for the new rule. But, as we also reported, there were still a couple of loose ends – a related rule (Section 74.1284) and several translator-related forms needed to be revised to conform to the new rules, and the revisions hadn’t yet been approved by the Office of Management and Budget. No problem – as we reported a week later, most of those loose ends got tied up pronto, allowing the new rules and revised Forms 303-S and 345 to take effect October 1.

But wait. Form 349 (for new and modified FM translator/booster CP’s) somehow got left behind, lost in OMB limbo. Not to worry, though. The Commission managed to hustle that last form over to OMB (on September 4), OMB gave it the thumbs up (on October 8), on October 16 public notice of OMB’s approval made it into the Federal Register and voilà! Revised Form 349 is now effective.

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Update II: AM on FM Translator Rules Still Effective On October 1

Posted on September 9, 2009 by FHH Law

OMB approves Section 74.1284, Forms 303-S, 345; Form 349 still in limbo

On September 1 we reported that the rules permitting AM signals to be rebroadcast on FM translators will become effective on October 1 – all the rules, that is, except Section 74.1284, which supposedly still required OMB approval. (OMB approval had already been given, as it turns out and as we reported, but that word had apparently not reached the FCC by the time it made its initial announcement about the October 1 effective date.) As we predicted would happen, the Commission has now issued a follow-up notice alerting the public to the OMB approval and consequent effectiveness of Section 74.1284 as of October 1.

The lack of effectiveness of Section 74.1284 had also meant that revised Forms 303-S (for license renewal) and 345 (for assignments or transfers of control of translators) were themselves technically not effective, either. But now that OMB is on board with the 74.1284 changes, it has also signed off on the revised 303-S and 345. Those, too, are good to go as of October 1.

But there’s one remaining loose end: Form 349 (for new and modified FM translator/booster CP’s) is still lost in OMB limbo. (It looks like the FCC didn’t get around to asking for OMB approval of that revised form until September 4.) Keep your eyes out for a further notice advising of the effectiveness of revised Form 349.

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Update: AM on FM Translator Rules Become Effective October 1, 2009

Posted on September 1, 2009 by Harry Cole

At long last, the Commission’s Report and Order amending its FM translator rules to permit carriage of AM stations has been published in the Federal Register. That means that those rules now have an effective date, and that effective date is (the envelope, please – drum roll – hushed silence) – October 1, 2009. As we reported last June (when the R&O was initially released), as of that effective date all outstanding special temporary authorizations (STAs) permitting AM-on-FM-translator operation will be automatically cancelled (and any still-pending requests for such STAs will be dismissed). 

Anyone who is currently engaged in cross-service translator operations will have to file a notification, pursuant to Section 74.1251(c) of the Commission’s rules, formally specifying their AM primary stations. (Yes, we know that Section 74.1251(c) technically refers to changes in the “primary FM station being retransmitted” and makes no reference to any primary AM station. But the R&O specifically referenced Section 74.1251(c) when it specifically – that would be in Paragraph 19 – instructed folks to file notifications about their “AM primary stations, so the fact that 74.1251 doesn’t mention AM’s is probably not a matter of consequence.) While the R&O does not specify a deadline for those notifications, logically they would appear to be due no later than the new effective date, i.e., October 1.

If you read the fine print of the Federal Register item, you will note that the October 1 effective date technically does not apply to one of the rule changes (relating to Section 74.1284) effected by the R&O. That’s because that particular section involves an “information collection” requirement that must first be approved by OMB pursuant to our old friend, the Paperwork Reduction Act. No problem – OMB concluded its review on August 31, an OMB control number has been assigned to the FCC’s information collection requirement, and any potential snag has thus been avoided. (Presumably the FCC was not aware of OMB’s action when the FCC sent the item over to be published in the Federal Register several days ago.  Look for a follow-up notice to be issued shortly to clear up any possible confusion on this front.)

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