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400 Applications Dismissed

New LPFMs Move Toward Planning Station Operations, As FCC Continues Processing Applications

New holders of low-power FM construction permits have a challenging road ahead as they move forward with building facilities and getting stations on the air, said some LPFM advocates and an attorney in interviews Monday. Out of more than 2,800 applications filed, the FCC Media Bureau granted 600 construction permits, a spokeswoman said. The advocates said they're impressed with the pace of issuing construction permits.

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The hard part for new LPFM construction permit holders is going to be getting the station up and running and keeping it up and running, said Harry Cole, a broadcast attorney at Fletcher Heald. “Now, the rubber is about to meet the road.” They're very low power and most of them have a very circumscribed service area and they can’t operate commercially, he said. “So the question is, who are the listeners going to be and where is the income going to come from to fund ongoing operations?” he said. “If I were an FM applicant, I'd be happy that I got my construction permit, but I'd also be nervous that the next step is a big one -- to get it up and running, see if we can make it work and to keep it working."

Austin Airwaves, a community advocacy group in Austin, plans to help a Fort Hood, Texas, soldier support group and new LPFM licensee build out the facility and get on the air, said Jim Ellinger, a member of Austin Airwaves. It helped the group, Under the Hood, prepare its application, which was filed in the LPFM window last year, he said. “It will probably take a while to raise the money and build the station, but it’s going to be an interesting project to witness.” The fundraising goals are hardly insurmountable, Ellinger said. For $10,000 or less, a group can have a station, he said. “It’s just a matter of purchasing and installing and testing and using boxes and wires.” Ongoing expenses like half-time salary, insurance, royalty money and tower rent will likely prove to be more of a challenge, he said. The facility will likely hire a part-time staffer, he added.

Rocky Mountain College in Billings, Mont., plans to cover activities like sporting events and commencement services with its station, said Bob Rittierodt, the radio station coordinator. After getting through the application process and hiring an engineer, he said he thought it would have taken the FCC much longer to grant the construction permit. Having a station on campus can help in critical situations, Rittierodt said. “If there’s an emergency on the campus, the administration can get on the station and alert the students of a possible situation.” It can also provide everyday bulletins about happenings on campus, he said. The station likely will be run by one half-time employee, and a meeting is scheduled to discuss a plan for sustainability and funding, he said.

LPFM station consultants will be valuable sources of assistance for new LPFM construction permit holders, said Michi Eyre, founder of REC Networks. “These are new owners who are new to broadcasting and they're going to need some helping hands and guidance from those who have muddied their feet in the waters of this crazy thing we call broadcasting.” They will need someone who’s going to work with them with the full service offering, she said. REC Networks teamed with Nexus Broadcasting to give customers a “one-stop shop” for engineering and equipment needs, she said.

The bureau dismissed about 400 applications and more than 1,200 applications were identified as mutually exclusive applications, the FCC spokeswoman said. The bureau is continuing the process the applications as expeditiously as possible to make initial licensing decisions, she said.

LPFM advocates were surprised by the bureau’s pace, they said. “No one expected the FCC to move this quickly,” said Ellinger. Austin Airwaves has filed FM applications with the FCC over many years, he said. With the exception of an emergency license obtained during Hurricane Katrina, “we've never witnessed” the bureau “and the commission moving at this rate,” he said. “We applaud and we are somewhat dazzled at the rate at which the commission is able to dole out licenses."

The application process ran extremely smoothly from a regulatory point of view, Cole said. The number of construction permits granted is “extraordinary” in terms of the turnaround time, he said. The FCC has expedited the processing on LPFMs, Eyre said. She urged the FCC to make sure the mutually exclusive LPFM applications are handled before the FCC opens the door for more FM translators for AM licensees.