Recently, the Media Bureau issued a Public Notice reminding applicants for new or modified NCE FM facilities in the reserved band that, pursuant to Section 73.525 of the Commission's rules, such facilities must protect nearby television Channel 6 broadcast stations from interference.
The Public Notice clarifies that, when requesting a new or modified facility, an NCE applicant must either (1) satisfy the Commission's protection requirements with respect to all stations licensed to operate on Channel 6 or (2) include unconditional consent letters from all the affected Channel 6 TV stations concurring with the proposed NCE FM facilities. NCE applicants may not satisfy the relevant requirements via agreements that are contingent on the vacation of Channel 6 allotments and the initiation of digital-only television operations or by requesting waivers of Section 73.525 based on the anticipated DTV deadline.
Finally, the Bureau acknowledged that completion of the DTV transition will allow some NCE FM stations to improve their facilities and committed to release a Public Notice, after the current June 12, 2009, DTV transition deadline, establishing a date on which NCE stations may begin submitting applications premised on the termination of analog TV Channel 6 transmissions. However, the Bureau will dismiss any such application that is filed before the established date.
A copy of the public notice is available here.