That is a good question. I have noticed throughout my many years of involvement in LPFM, we move in waves where one minute, we are upfront and in the spotlight and then we go dormant for a long period of time. Right now, we are in one of those dormant phases.
So, where are we now?
As expected, translator applicants who were not happy with the outcome of the one-to-a-market rule have filed reconsiderations that have pretty much slowed down the cap compliance process to a near-grinding halt. I personally do not agree 100% with the one-to-a-market rule myself. I feel that it disadvantages rural areas as well as targets applicants who were not involved in the speculation and filing abuses that put us into this situation in the first place. As a result, REC filed a response to the petitions stating that a strict one-to-a-market rule should apply only in situations where the translators serve the core metropolitan area. A reasonable number of translator applications outside of core areas but still within Arbitron Metro counties should be permitted.
Since the one-to-a-market and, thanks to EMF, the national limit of 50 pending applications (the 50-cap) is under reconsideration, we must wait for this to be resolved before we can continue with cap compliance. The FCC stated that cap compliance would happen "this summer" and we are only in July. The summer is not over. Any good contingency planner would expect that reconsideration would have been filed on the previous Reports and Orders and I am hoping that the FCC did take that into consideration.
Will this delay the window? The window date was never officially announced so therefore there is no date to delay. Earlier this year, there was some finger pointing within our ranks about groups that were delaying the window. The FCC, like virtually every other agency in the public sector has the motto of "hurry up and wait". The FCC will do things when they think it is convenient. We may talk to FCC staffers on the phone or they may give dates at public forums. But until that date is on a public notice, it is not in stone and any changes to those "off the record" estimates should not be seen as "delays" but rather the reality of the Commission's balance of workload and resources. You never know what Congress may pass that would take priority to the next step in LPFM processing.
Plus remember, we still have a few major issues outstanding. LP-250, LP-10/LP-50, the point system and the second adjacent channel waiver process which will almost likely draw reconsideration from someone.
The bottom line is that the LPFM window will happen. When it will happen is anyone's guess.
While we are waiting, this is the time to get your corporation papers in place (if your organization is not already incorporated), doing site selection, preliminary channel searching (knowing your potential channel[s] may change) during the process, planning out what your potential programming will be and preparing to assure when the FCC finally opens that short window of time for filing, your organization will be ready to go.
I also suggest that you plan for the "what ifs"...
- What if another station moves to the one really good channel I have been looking at?
- What if the site that I am looking at is no longer available?
- What if it turns out that my site is not feasible?
- What if the FCC is much stricter than I thought on second adjacent channel waivers and my dream site and channel are now not available?
This is also a good time to "put your feelers out" on various things, especially where it comes to zoning. Is the city/county going to allow you to erect a 100 foot tower at the location you are wanting to put the station? Will I be able to have a studio at this location based on zoning?
I know it is frustrating because many of us want to move forward with the process but there are many things we can be doing now while the FCC decides what they are going to be doing.
Good luck to all of the applicants.
If you are going to the Grassroots Radio Conference this weekend, I will see you there. Please make sure that you attend the "Get On The Air" series of panels. I will be a panelist in part two, "How to apply for and win a Low Power FM license" on Friday at 1:45PM. This panel will also include Brandy Doyle and Ian Smith from Prometheus and attorney Mike Couzens. Should make for a great discussion.
