Document text
Noncommercial Educational FM Bie Stations 985
Educational, Noncommercial FM Station, Frequencies
Comments invited on proposed Table of Educational FM Assign-
ments. See also Notice of Proposed Rulemaking in this Docket.
(DO 20735)
F.C.C. 78-385
BEFORE THE
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
In the Matter of |
CHANGES IN THE RULES RELATING TO Docket No. 20735
NONCOMMERCIAL EDUCATIONAL FM RM-1974
BROADCAST STATIONS | RM-2655
FURTHER NOTICE OF PROPOSED RULEMAKING
(Adopted: June 7, 1978; Released: June 19, 1978)
BY THE COMMISSION:
1. The Commission has before it the Notice of Proposed Rulemak-
ing in this proceeding and the filings made in response to it.
2. The proceeding was designed to explore a variety of legal, engi-
neering and policy questions relating to the more efficient use of the
spectrum space set aside for educational use. A number of these issues
has been resolved by the First Report and Order and Second Report
and Order adopted simultaneously with this document. One issue, that
of the potential for interference to the reception of television Channel
6, is expected to be resolved in a Report and Order we hope to issue
soon. Some of the remaining issues, * however, cannot be resolved as
yet because additional information would be helpful for reaching the
best solutions to difficult problems. Thus, this Notice is being issued in
an effort to obtain this material and to aid commenting parties in
focusing on the salient issues.
8. Originally, we expressed our belief that it was unlikely that a
nationwide Table of Assignments could be developed for the FM Chan-
nels 201 through 220 which are set aside for educational use.? We had
developed such a Table for use in the area near the Mexican border,
but none existed for the rest of the country. Our doubts were not so
much based on engineering problems involved in developing a Table
(although these problems could well be considerable). Rather, we had
serious questions about our being able to decide where the need was
for the assignments. As we pointed out in developing the Table used
for commercial FM assignments, we had been able to rely on the
simple correlation between population and the need for (and, for that
i As noted in the Second Report and Order, the issue we raised regarding the nature of the service
to be provided by educational stations has been incorporated into a new proceeding we commenced
to explore the issue of eligibility to become an educational licensee.
2In Alaska, these channels are not available for FM broadcasting and, as a result, separate chan-
nels as such have not been set aside for educational use. However, we have designated the individual
channels assigned for educational purposes by use of an asterisk.
68 F.C.C. 2d
986 Federal Communications Commission Reports
matter, ability to support) a commercial FM assignment. In the area of
educational FM this correlation did not appear to exist. Nonetheless,
we invited the Corporation for Public Broadcasting (the original peti-
tioner) and any other parties to offer their suggestions in this regard.
4. CPB responded by submitting a proposed Table of Educational
FM Assignments. Regardless of its merits, we would not wish to take
so basic a step as adopting this or any other Table without having the
benefit of substantial comment directly focused on it.’ That has not
been possible yet since the CPB Table was not part of its submission
which led to the Notice. Not only is the Table itself a new offering, it
also incorporates a number of other suggestions made there for the
first time, including changes in the classes of educational FM stations.
The CPB Table utilizes three classes of stations with three subdivi-
sions each, for a total of 9 types of stations. Although it is true that the
Notice raised the issue of a Table and of changes in the classes of
stations and/or changes in the facilities available to each class, this was
done only in general terms. No specific proposal, as such, was offered
beyond our observation that it might not be necessary for stations to
be able to operate with the substantial height above average terrain
now permitted for Class B and C stations. As we discovered, very few
stations operate with the permissible heights above average terrain of
500 feet and 2,000 feet, respectively. That being the case, it was by no
means clear that we needed to continue to permit these facilities if we
established protection standards that would seek to insure a station’s
being able to increase its facilities to the maximum level. Also, if we
acted to protect a station’s ability to increase facilities through use of
mileage separation requirements (as we do for commercial stations),
we noted that the level of protection needs to bear a relationship to the
realistic needs of the stations involved as well as the consequences for
the establishment of other stations. The record on hand offers some
assistance in this regard, but we feel that considerable benefit would
result from inviting further comment on these allocations issues as
well as on the CPB Table and its new classes of stations. Accordingly,
comments are invited on the proposals set forth in the Appendix. The
Appendix contains the CPB Table and an explanatory synopsis of its
major features.* .
5. Authority for the actions proposed here is contained in Sections
A(i), 303 and 307(b) of the Communications Act of 1934, as amended.
6. Pursuant to the applicable procedures set out in Sections 1.415
and 1.420 of the Commission’s Rules and Regulations, interested par-
ties may file comments on or before January 2, 1979, and reply com-
ments on or before February 15, 1979. All submissions by parties to
this proceeding or persons acting on behalf of such parties must be
made in written comments, reply comments or other appropriate
pleadings. Reply comments shall be served on the person(s) who filed
comments to which the reply is directed. Such reply comments shall be
accompanied by a certificate of service. Further, members of the gen-
eral public who wish to participate informally in the proceeding may
submit one copy of their comments, specifying the docket number in
the heading.
* See 43 FR 27691, June 26, 1978 for proposed table of Educational FM Assignments,
3In fact, our engineering study suggests that at least some changes will necessarily have to be
made in the Table even it were adopted.
68 F.C.C. 2d
Noncommercial Educational FM Ble Stations 987
7. All filings made in this proceeding will be available for examina-
tion by interested parties during regular business hours in the Com-
mission’s Public Reference Room at its headquarters, 1919 M Street,
N.W., Washington, D.C.
FEDERAL COMMUNICATIONS COMMISSION,
WILLIAM J. TRICARICO, Secretary.
68 F.C.C. 2d