About the FM Table of Allotments
The FCC's Table of Allotments is the first step in getting a commercial FM station on the air.
Anyone can petition the FCC for a new channel in a particular community.
The channel must meet minimum distance spacing standards.
A petition can be filed through this process from an existing station to move their
station to a different location. The new proposed location must be mutually exclusive to the existing
station (meaning that it must be located in a place where an FM station can't operate at both the old
location and the new location at the same time).
The FCC has particular standards for what qualifies as a "community".
The petition is made through a petition for rulemaking, is assigned an "RM" number and then
is assigned a docket number and an Notice of Proposed Rulemaking (NPRM) is issued.
A comment period is opened.
The petitioner must file comments during this period to reaffirm that they are still interested
in this allotment.
Based on the information, the FCC will then make a ruling.
On a future date, a filing window is opened.
Mutually exclusive applications will be resolved through auction.
Is this a good allotment?
When REC evalulates petitions, we look at various aspects of the petition including:
The proximity of the station to a nearby metropolitan area. Is this petition
really to bring another FM station into a neighboring community at the expense of the proposed community.
Is the location proposed really a community for allotment purposes?
The impact on the growth of the LPFM service in the area.
Who filed the petition. Are they local?
In the case of a station move, will there be an impact on the area the station is moving from?
So who opposes allotments?
Well with the exception of REC, many opposing comments on allotment proceedings usually come from other
broadcasters who may be affected by the new station. In some communities, the incumbent broadcasters do
our dirty work for us.
You can comment too!
Comment periods on broadcast allotment proceedings are open to the public. Anyone, such as REC can
comment on allotment proceedings. Unlike other FCC rulemaking proceedings, there are some special
rules that you have to follow when filing comments in allotment proceedings:
You don't have to be an attorney to file.
You must file your comments during to comments period. Do not file late. ex-Parte and
late filed comments are frowned on and will usually end up in someone filing a Motion to Strike.
When you file your comments with the FCC, you must enclose your original document (unstapled)
and four (4) copies. File comments with the Secretary.
You can not file comments electronically in Allotments proceedings through ECFS
Because of the anthrax mail scares, you can e-mail pleadings to mmbsecretary@fcc.gov with a copy to qualexint@aol.com.
This method can be stopped at any time. (You do not have to send 4 copies)
You must serve a copy of your comments on the petitioner. If you file reply comments,
you should serve a copy of your commments on all parties who commented.
Your filing must contain a Certificate of Service stating that a copy of your comments
has been served (delivered) to the parties of the proceeding.
If you want to suggest a different community (such as one with no FM service at all), you can file a counterproposal.
The counterproposed facility must be mutually exclusive with the original proposal (meaning both the original proposal and your
counterproposal can not be done on the same channel.) You can not do counterproposals in reply comments.
If you make a counterproposal in your comments, you must also make a statement that you plan to file for the channel
if allotted. (Don't do this unless you are serious!)
If you provide any technical input into the proceeding, it's a good idea the put a statement
in your comments claiming that the information is "to the best of my knowledge".
What should I say?
If you file comments in favor of an allotment, you can state how you are affected by this allotment and
how this allotment will serve the public interest.
If you file comments against an allotment, state why you think the FCC should not grant the allotment.
Keep in mind that growth of the LPFM service is not grounds for denying an allotment.
The keyword for filing comments: PREPARE!
When you file comments, especially opposing comments, it's always good to prepare.
Review past allotment cases to see if you can use Commission presidence in your favor.
(Has the FCC acted on a similar situation before? If so, you may want to remind them)
Collect information (or lack of) about the subject community. 99% of this data collection
can be done on-line! Online phone books (preferably the one operated by the local phone company) is the first
place to go. Establish the number of businesses. Try to find websites related to the community to verify that
a petitioner's description of a community is correct.
A final thought...
Allotment proceedings are perceived to be limited to attorneys and the legally elite. When in fact,
many allotment petitions are filed by individuals and not counsel. Either way, it is an expectation
that all comments filed in the proceeding, for or against, must be conducted in a professional manner
and should follow the standard legal format for filing comments.
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