[BC] Re: New FM Auctions

[Paul Christensen]

>" -D
(Who will never allot another FM channel...ever!)"

There's a limited alternative in some areas if you can live with a caveat. 
If you carefully examine the rules, it may be possible to add a commercial 
channel for NCE purposes and get it out of the auction process.  While the 
property is not as valuable under these circumstances, it can allow the 
pioneering petitioner to have reasonable access to the forthcoming channel.

It's essentially the last bastion of hope for the engineer who has the 
wherewithal to find opportunities without having to get into a bidding war 
with the conglomerates.  It doesn't work in each contemplated geographical 
location, but with some homework, one can sometimes make the rules work in 
your favor *if you can live under NCE rules.*

I recently filed a response document to a counter-proposal concerning one of 
my newly added FM channels in Illinois.  In the counterproposal, the 
opposing party moved for the FCC to amend the Table to allow the otherwise 
commercial channel for NCE purposes.  Since I was a pro-se petitioner, my 
filed response document concurred with the other party's findings.  That 
blew them away.  No problem, have it your way -- let each of us fight for 
the NCE channel where our chances of success fare better than having to 
fight for a commercial channel.  Bring it on.

The current rules pertaining to the FCC's auctioning process are brutally 
unfair.  The pioneer effectively hands over all work presented without so 
much as receiving a dime or "thank you" from the FCC, Congress, or the 
winning auction bidder.  It's incredulous that a U.S. agency went from 
valuing station ownership licensing on one extreme through a comparative 
hearing process with priority preferences based on sexual and racial 
discrimination (thank God for Adarand Constructors, Inc v. Pena, 515 US 
200) -- to a system based on the depth of pockets.   Congress couldn't have 
found some middle ground in between these two extremes?

Anyway, for details, see NCE Second R&O, 18 FCC Rcd. 6691 at 6705-06 
(paragraphs 34-40) -- MM Docket No. 95-31.

Paul


====================================
Paul Christensen, CPBE, CBNT
LAW OFFICE OF PAUL B. CHRISTENSEN, P.A.
3749 Southern Hills,  Jacksonville, Florida 32225
Office: (904) 379-7802    Facsimile: (904) 212-0050
pchristensen at ieee.org