NAB Believes Majority of Commissioners Support AM-Only Window
Amid FCC Chairman Tom Wheeler’s vocal opposition to an AM-only FM translator window, groups and other commissioners are working to have the measure passed as part of the AM revitalization draft order (see 1509170041), industry and agency officials told us. Wheeler said Thursday that he views the AM-only window as a spectrum giveaway (see 1509170041). NAB and industry officials believe a majority of the other commissioners favor the proposal.
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Multicultural Media, Telecom and Internet Council General Counsel David Honig told us that the matter will also be raised during a congressional hearing on media ownership Friday (see 1509210033), which is expected to get legislators in favor of the window to weigh in. Judging by Wheeler’s comments, if a revitalization order that includes the window goes to a vote, it could be his first dissent as chairman, industry lawyers said. “There’s nothing dishonorable about a dissent.” Wheeler's office is working on alternative proposals to the translator window, an FCC official told us.
“We feel very confident that the commission is going to include an exclusive window for AM broadcasters,” said NAB General Counsel Rick Kaplan. He said NAB believes the majority of commissioners support the AM-only window, and that if they say so publicly, Wheeler will likely put a draft order containing the window on the commission’s agenda for a public meeting, even if he disagrees with it. FCC offices that support the window are also working to bring other offices on the eighth floor on board, an agency official said.
Commissioner Mignon Clyburn has consistently supported the AM-only window, an agency official said. Clyburn's office is still discussing aspects of the order with Wheeler’s office and their offices will meet Tuesday, the official said.
Broadcaster lobbying efforts continue, said Kaplan and National Association of Black Owned Broadcasters President Jim Winston. That the draft order without the window hasn’t been put on a meeting agenda is a good sign for broadcasters, said Fletcher Heald broadcast attorney Frank Montero, who is on MMTC’s board. An FCC spokesman declined to comment for this story.
Though Wheeler indicated Thursday that he supports most other aspects of the AM revitalization draft order, Montero, Honig and others say the translator window is by far the most important part of the revitalization effort. Not including the window would be a blow to diversity, since AM is where many minority broadcasters cut their teeth, Montero said. With FCC policies for the incentive auction expected to reduce the number of low-power TV stations, the AM band’s importance as an area for entry into the industry for minorities is magnified, he said.
If the FCC adopts a window that isn’t AM only, or an alternative policy to allow AM stations to purchase and move distant translators, AM stations will be priced out of the translator market, Montero said. NABOB has even proposed a window within the AM-only window, where the smaller and daytime-only AM stations would be given priority for FM translators over others.
Broadcast attorneys were critical of Wheeler’s comments equating an AM-only window with giving away free spectrum. “When you apply for spectrum you incur costs, risks, regulatory fees -- it’s not free,” Honig said. “A filing window is an opportunity just like other opportunities,” Montero said. “An AM-only window for FM translators is no more a give-away of free spectrum than is any other translator filing window,” wrote Wilkinson Barker broadcast attorney David Oxenford in a Friday blog post.