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Question about Petition for Rulemaking...

T

TheMakdaddi

Discaimer: I'm new at this, please bear with me....

I've selected an available frequency for the community that I'm working to put a commercial FM station in and have a question: The FCC website states that there's no form to use to request a new allotment (see quote below). Does that mean I just need to write a letter saying 'Dear sirs, please accept this request for an addition to your table of allotments for x community, etc... (including the information below) or am I missing something? Anyone care to share their request or some more information about it?

---Begin Quote from www.FCC.gov---
Applicants may petition the Commission to add new FM commercial allotments. There is no form on which a petition for rulemaking must be filed. Each petition should contain:

1. the community of license for which the channel is sought;
2. the frequency or channel;
3. a set of reference coordinates proposed for the allotment (latitude and longitude);
4. and an expression of interest in applying for the channel, if it is allocated.
---End Quote from www.FCC.gov---
 
> Discaimer: I'm new at this, please bear with me....
>
> I've selected an available frequency for the community that
> I'm working to put a commercial FM station in and have a
> question: The FCC website states that there's no form to use
> to request a new allotment (see quote below). Does that mean
> I just need to write a letter saying 'Dear sirs, please
> accept this request for an addition to your table of
> allotments for x community, etc... (including the
> information below) or am I missing something? Anyone care to
> share their request or some more information about it?
>
> ---Begin Quote from www.FCC.gov---
> Applicants may petition the Commission to add new FM
> commercial allotments. There is no form on which a petition
> for rulemaking must be filed. Each petition should contain:
>
> 1. the community of license for which the channel is
> sought;
> 2. the frequency or channel;
> 3. a set of reference coordinates proposed for the
> allotment (latitude and longitude);
> 4. and an expression of interest in applying for the
> channel, if it is allocated.
> ---End Quote from www.FCC.gov---
>
You can see how the Petition for Rulemakings go by finding a few that have been done, and do it the way they did it, including discussion of the components that make the community qualify. And of course the proposed channel must meet the mileage separations, and provide new first or second service, etc.

Keep in mind that if the Rulemaking is granted, it isn't yours. It'll eventually go up for auction and somebody with deep pocket may outbid you on it.
 
> Discaimer: I'm new at this, please bear with me....


This is obvious. I'm trying to figure a way to answer you without making it seem that this is a blatant advertisement as these applications and requests are what we normally do so, please don't take this as such:

You *can* file the request to amend the table of allotments on your own. However, I usually strongly advise AGAINST going this route alone as (if yoyu truly value what you've found and IF it will meet all of the spacing requirements), there are many, many pitfalls and tricks that *will* trip you up.

What can go wrong? It runs the gamut from being challenged by others who are absolutely certain (and probably will blow you away with proof) that a nearby city would benefit more from your channel assignment than your chosen city. (This CAN happen and I've seen it done to a few people who absolutely refused to believe that an experienced engineer could help them!)

This is just the beginning...<P ID="signature">______________
Terry Keith Hammond

Message Boards: http://www.monsterfm.com/cgi-bin/ultimatebb.cgi</P>
 
> What can go wrong? It runs the gamut from being challenged
> by others who are absolutely certain (and probably will blow
> you away with proof) that a nearby city would benefit more
> from your channel assignment than your chosen city. (This
> CAN happen and I've seen it done to a few people who
> absolutely refused to believe that an experienced engineer
> could help them!)

And channel spacing/engineering is a big thing too.
You need a lot of homework from professional engineers and fcc attorneys.

Good luck with it. It's a long uphill battle that is much easier to lose than win.
 
>
> Keep in mind that if the Rulemaking is granted, it isn't
> yours. It'll eventually go up for auction and somebody with
> deep pocket may outbid you on it.
>

And, if recent memory serves correct, isn't there now a large
fee for submitting rulemaking requests? I was thinking it was
$1500 or so.

I've done a couple of these from my kitchen table, with the help
of FM query at FCC.gov. But all I had at stake was my time and
Fed Ex fees. If you have to pony up a big fee to Fancy Cents Candy,
get professional help: as in a reputable mental health counselor.
He or she will help you through the anguish you may experience while
you wait on the FCC to finally bring your channel to auction. (I've
got one that's closing in on seven years.) If it's determined that you're
a patient sort, then get professional consulting engineers. I wouldn't
advise doing this yourself with big fees at risk.
 
Close-the fee is now $2300.00 per petition....I've heard (and read) that the allotment (if granted) won't always go to auction if nobody else files for the same allotment. I'm getting conflicting stories on that one.

What consultants/attorneys would you recommend for assistance with the process?
 
> Close-the fee is now $2300.00 per petition....I've heard
> (and read) that the allotment (if granted) won't always go
> to auction if nobody else files for the same allotment. I'm
> getting conflicting stories on that one.

I think that this depends on the type of petition. If you're proposing a new service, there is no filing fee from my most recent experience with filing three rule making petitions to get digital TV channels assigned last year.

Regarding the auctions:

In order to file an application for a construction permit, you must submit a payment that is at least equal to the minimum bid for the channel you're applying for. Thus, if the minimum bid is $50,000 that is the amount of money you must come up with up front.

In the unlikely event that no one else files for the same channel, you will not have to go through the auction and you'll get your upfront payment back and will also get the construction permit. However, the chances that no one else will file for a given allotment are very low -- as I recall, in the last FM auction there were several applicants that essentially filed for everything up front. Although they didn't actually bid on every channel during the actual auction process, the fact that they filed would probably be enough to ensure that you won't get the channel for free. In essence, you'd end up paying the minimum bid less any discounts that you might be entitled to. (I believe that the discounts are 35% if you own no other broadcast stations, and 25% if you own no more than a few other stations)
 
I do know of two cases where amateurs succeeded in getting channels allotted. (105.5 Verona WI and 92.1 Hermantown MN)

However, in neither case did the person who filed the petition get anywhere close to winning a license. I think the Wisconsin station (WMMM) is Entercom's and Minnesota's WWAX a Clear Channel outlet IIRC.
 
> I do know of two cases where amateurs succeeded in getting
> channels allotted. (105.5 Verona WI and 92.1 Hermantown MN)
>
>
> However, in neither case did the person who filed the
> petition get anywhere close to winning a license. I think
> the Wisconsin station (WMMM) is Entercom's and Minnesota's
> WWAX a Clear Channel outlet IIRC.
>

Actually, you're not entirely correct. WMMM was originally owned by a local Husband & Wife, later sold to Woodward, and then to Entercom. So, I believe the license went to the original filer. They also owned WYZM (now WCHY) in Waunakee.<P ID="signature">______________
</P>
 
Been running around the last few days, or I would have killed this thread real quick.

Fuggidabout It!

Back in 1979, I filed a RM petition for a channel I found using a basic program I wrote for a Commodore 64 (to do distance calculations per FCC method). We got the Class A station in 1983, then two years later with the 80-90- stuff in full swing I found a B-1 channel at the same site using the RFS DOS program. We got that on in 1988. Later went for another Class A in a town 25 miles away, using the FCC internet database. Got a competing applicant, found a second channel for the same town, which was granted and built in 2000.

Of course, it helps that I'm an attonrey with an FCC first I got back in 1969...

All ancient history after the 1996 telecommunications act & subsequent developements.

1. There is a freeze on new petitions for channel allotments, courtesy of a petition filed to change the process.
2. It is likely in the future that any new RM petion will have to be accompanied by a filing fee and completed 301...even though the channel will eventually be auctioned to the highest bidder.
3. If you get this far & go into the auction, some idiot with more money than brains will out-bid you for your class A in a town of 795 Old Order farmers. The station will then be warehoused by a chain owner who can't stand the thought of competition.

Bottom Line: The process is closed to new entrants, despite government B.S. to the contrary.

If you really want to get into radio, save your quarters & buy an existing station. In the long run it will be cheaper, faster, and you have a chance (if you have management and/or sales talents) of surviving in this business.
 
Yeah-almost everyone I've talked to keeps trying to sway me in the direction of buying a station rather than starting one from scratch. Part of the problem is that the ONLY station in this community is a non-commercial AM; I want to start a commercial FM. The closest stations are 60 miles away in Tampa and some in Orlando (a few hundred miles away). It seems like this area hasn't even been considered for a commercial allotment by anyone so-far, or nobody's dumb enough to try it...

You said that there's a freeze on new allotments, but I'm pretty sure I've (recently) read a bunch of new RM requests for new FM allotments on the FCC website. Am I misreading it or has the freeze been lifted?
 
> You said that there's a freeze on new allotments, but I'm
> pretty sure I've (recently) read a bunch of new RM requests
> for new FM allotments on the FCC website. Am I misreading it
> or has the freeze been lifted?


No--they are clearing out old petitions. Still a freeze on new petitions.

The process begins with a "petition for rulemaking." As you suggest, and very simply put "Please allocate Channel 222A to Smallville as it's first FM allotment. Smallville, pop. 2400, county seat of Krypton County, has no other media besides a daytime AM and a weekly newspaper. It has a mayor/council form of government, the major employer is Peter Pepper's Pickle Packing Co.,and it is the site of Faber College. A site 7 KM south of the town meets all minimum spacing requirements..."

Then the Commission staff looks at the petition, makes sure the channel meets the requirements of the rules. If everything appears OK, the Commission proposes the "allotment" of the channel to the town. Other parties can file counter-proposals.

Finally, assuming there are no glitches, the channel is "allotted." What you are seeing is the Commission clearing out a bunch of petitions that have been sitting around, some for many years.

Once allotted, it sits, until there is an auction scheduled. The Commission will set a minimum bid for each channel, a list of 50 or 100 channels is compiled and the year-long auction process begins.

The next auction is January 12. Watch this process, and the bids for some of the channels in tiny, tiny towns coming out of the auction. You will understand why everyone says "buy." Click on the "auctions" link on the FCC homepage, I think the next one is #62
 
> Actually, you're not entirely correct. WMMM was originally
> owned by a local Husband & Wife, later sold to Woodward, and
> then to Entercom. So, I believe the license went to the
> original filer. They also owned WYZM (now WCHY) in
> Waunakee.

The husband & wife may have been the original licensee, but I know the guy who got the channel allotted & he never had anything to do with WMMM ownership.
 
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