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FCC: Noncoms need not apply

By Bill McConnell -- Broadcasting & Cable, 4/11/2003 4:00:00 AM

In an attempt to get moving on auctions of hundreds of new FM licenses, the Federal Communications Commission ruled Thursday that noncommercial broadcasters can't apply for channels outside of spectrum reserved for educational stations if commercial broadcasters also seek allotments on those frequencies.

If the decision withstands possible court challenges, the ruling will finally allow the FCC to move forward with planned auctions of FM stations, as well as sales for low-power TV and translator permits.

Uncertainty over dealing with competing applications between commercial broadcasters, which must resolve competing applications through auctions, and noncommercial broadcasters has stalled the addition of new stations to the dial since July 2001, when federal judges struck down rules requiring noncommercial applicants to bid on spectrum located outside of reserved bands if commercial operators also wanted the channels.

The FCC noted, however, that it will increase opportunities for reserving FM and TV channels for noncommercial users.

Regarding the AM dial, the agency also said it would allow engineering solutions between competing applicants.

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