The Chill Is On For TV Channel Changes

Posted on May 31, 2011 by Davina Sashkin

Media Bureau announces freeze on TV channel change rulemaking petitions – effective May 31, 2011

For more than a year – since the FCC first started making noises about possibly “re-purposing” their spectrum as part of the National Broadband Plan – television broadcasters have been living under an ominous sense of impending doom . . .  or, if not “doom”, at least, major disruption. 

That ominous sense just got more ominous. 

In a terse public notice, the Media Bureau has announced a freeze on “the acceptance of rulemaking petitions to change television channels”, effective immediately (i.e., as of May 31, 2011). The purpose of the freeze is to “permit the Commission to evaluate its reallocation and repacking proposals and their impact on the Post-Transition Table of DTV Allotments”. The Bureau also points out that licensees have been able to submit channel change petitions since May, 2008 (when the last pre-DTV transition freeze was lifted), so it figures that everybody’s had plenty of time to determine whether they might prefer a different channel.

The freeze could indicate that the Commission is already narrowing down its re-purposing options; alternatively, it might mean merely that the Commission hopes to minimize any complications that would arise from a continually changing DTV Table of Allotments. Whatever may be the case, if you’re a full-power TV licensee, it looks like the channel you happen to be on now is the channel you’re going to be on for the foreseeable future. Presumably, the Commission will eventually decide how it can shuffle spectrum around to squeeze 120 MHz or so out of the TV band. In that event, assuming that Congress goes along with things, you may find yourself moved around in what’s left of the TV band. (Rulemaking petitions that were already on file with the Commission’s Secretary as of May 31 will continue to be processed, but no others. So if you are hoping to change and were lucky enough to get your proposal on file before May 31, congrats.)

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Brrrrrrr - The Chill Is On

Posted on October 18, 2009 by Harry Cole

FCC announces immediate freeze on certain FM allotment proposals, eventual freeze on ALL FM applications in light of upcoming December filing window

With the announcement of an upcoming open window for certain FM allotments, the Commission has frozen, effective immediately (i.e., as of October 16, 2009), (a) applications proposing to modify the reference coordinates of any of the 67 allotments available for application in the upcoming window, or (b) petitions and counterproposals that propose a change in channel, class, community, or reference coordinates for any of those 67 allotments.  (Curious about precisely which allotments are in play here?  Click here for the list.) 

This freeze will remain in effect until the day after the close of the window. The window is currently set to close on December 18, which would mean that the freeze should be lifted on December 19, barring any unforeseen developments.

The Commission also froze the filing of any commercial or noncommercial minor mod applications after 11:59 p.m. on November 25, 2009 until the close of the window. 

These freezes are standard operating procedure when filing windows are about to be opened. The goal is to avoid the creation of any conflicts (unforeseeable or otherwise) that could muck up the filing process.

For more information on the upcoming window opportunity itself, see our relating post here, or the underlying FCC public notice here.

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Class A Displacement/Expansion Freeze Lifted

Posted on July 14, 2008 by Peter Tannenwald

 

The FCC has lifted the freeze on Class A displacement applications, site changes, and power increases, as of August 4, 2008.

The lifting of the freeze will allow the following:

  1. Class A stations that are displaced because of interference may apply to change to a new channel, using either analog or digital format.
  2. Class A stations seeking to change transmitter site or to increase power so as to extend their existing 74 dBu contour may now apply to do so.
  3. Out-of-core stations (Channels 52-69) may apply to move to in-core channels (2-51) if they can find an available channel.
  4. Applications previously filed by out-of-core stations to move into the core or to transfer their Class A status to in-core channels, previously held in suspended status, will now be processed, without any further action required by the applicant.
  5. Analog Class A stations seeking to flash cut to digital operation may do so, even if their coverage area is increased.

The lifting of the freeze will not:

  1. Allow the filing of new companion channel digital applications - applications for a second channel for digital use.
  2. Convert any second companion channel from LPTV to Class A status.
  3. Apply to move to a channel that will be abandoned by a full power analog station on February 17, 2009, unless you application assumes that the analog station will remain on the air and protects that station.

 

However, Class A analog stations that hold a construction permit for a digital companion channel and are receiving analog interference may be able to displace their analog operation to their digital channel, thereby ending up with only one channel - their digital companion channel - but transferring Class A protection to that channel.

Applications will be processed on a first-come, first-served basis, which means that if there is any conflict among applications, the earliest filed will be given priority. Priority is also given to displacements from out-of-core channels to in-core channels. Applications filed before August 4 will be treated as if filed on August 4 for purposes if first-in-time priority.

If you want to apply for a power increase, channel change, move to an in-core channel, or displacement with Class A protection on a new channel, you must file by August 4 to be sure of not losing out to someone who files on or before that date. Consulting engineers are likely to be swamped with requests for assistance; so if you want to file, please call your engineer immediately.
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DTV Freeze Lifted

Posted on May 30, 2008 by Lee Petro

The FCC has lifted the freeze on the submission of DTV maximization applications and channel changes, effective May 30, 2008.  Applications which expand the previously-authorized service area of the post-transition DTV station, or propose the change in the post-transition DTV channel, can now be submitted.  All applications and petitions submitted between May 30, 2008, and June 20, 2008, along with those previously-filed applications and petitions which also included a request for waiver of the filing freeze (in place since 2004), will be given the same cut-off date.  After June 20, 2008, applications and petitions will be considered filed as of the date they were submitted.  Requests to change the community of license of DTV stations will not be permitted at this time. 

In the event that two applications submitted during the window are mutually-exclusive, the Commission will grant otherwise-acceptable applications with a specific condition that the mutually-exclusive applicants resolve their conflict with a 30-day settlement window.  If the parties cannot resolve the mutual-exclusivity within this period, the applications will be dismissed.  Finally, the FCC warned potential filers not to attempt to seek extensions of the construction deadlines based on a pending request for channel change or maximization application.

While the lifting of the freeze is a welcome sight, potential applicants run the risk that they will submit an application that conflicts with those licensees with February, 2009 construction deadlines - some of whom may wait until June 19, 2008, to submit their construction permit applications to implement their post-transition facilities.  While the Commission's

Public Notice

is not entirely clear on this point, it is possible (if not likely) that applicants filing in this window will need to protect those initial construction permit applications submitted on June 19, 2008, and there is also a risk that a minor change application submitted on June 19th will conflict with a maximization application submitted during the window.  Therefore, applicants submitting maximization applications and freeze waivers should be sure to protect the Appendix B facilities (as opposed to the already-authorized facilities) of all stations.
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