FCC Denies SBE Application for Review of BAS Coordination Rules
May 11, 2004
The FCC denied the Society of Broadcast Engineers' (SBE) application requesting the FCC review and reverse its denial of SBE's request for a second stay of the rules for coordination of fixed aural and video stations in the broadcast auxiliary service (BAS). The FCC agreed with its Office of Engineering Technology's determination that an additional stay of the BAS coordination rules is not in the public interest.
The FCC Order denying the request said, "Commission rules require that applications for review concisely and plainly state the questions presented for review with reference, where appropriate, to the findings of fact or conclusions of law and which of the five factors identified by the rules warrant Commission consideration. SBE asserts that OET made various erroneous factual conclusions. However, we find no 'erroneous finding as to any important or material question of fact,' or other factor that warrants review. We agree with the substantive conclusions of OET stated in the Denial Order, and find that OET correctly determined that granting SBE's Second Request for stay was not warranted. OET correctly concluded that the request was not likely to prevail on the merits; that irreparable harm was not likely to result if the stay was denied; and that the public interest did not favor granting the stay, and it properly denied the request."
The Order encouraged broadcasters to file applications for minor modifications to existing BAS licenses to provide missing receive site data and said the FCC would continue to allow these filings without frequency coordination, "provided the application supplies only missing receive site data. Receive site data may include parameters such as site geographic coordinates, site elevation above mean sea level, and antenna height, beamwidth, gain, manufacturer, and model number. Further, the application must include a showing demonstrating that the station was licensed at a time when receive site information was not required, or documenting that the information now missing was previously licensed or provided under application to the FCC. The information provided must also be consistent with any data already in the database, such as transmit azimuth or receive site data. The filing of receive site information without coordination, where it is missing under circumstances as described above, is appropriate and will continue to be permitted."