[CPR] FW: Our attorney's opinion re the NCE FM Study

FL
Frank Lanzone
Thu, Dec 16, 2021 11:22 PM

Hi everyone,

I asked Meg Miller for her input regarding NPR’s NCE FM study that NPR
recently asked us to consider.

She responded today, gratis, for California stations.

Happy holidays everyone!

Frank

*Frank Lanzone, Jr.  *

President ~ General Manager

KCBX Inc. ~ California Public Radio

4100 Vachell Lane    San Luis Obispo CA 93401    805-549-8855

From: Meg Miller [mailto:[email protected]]
Sent: Thursday, December 16, 2021 8:29 AM
To: Frank Lanzone [email protected]
Subject: RE: Seeking California Pub Radio Feedback on NCE FM Study

Frank:

I’ve looked into this Channel 199 and 200 proposal.    It is real long
(LONG) shot to get the channels allocated for NCE use and will no doubt
raise the ire of NAB, commercial radio, commercial TV stations on Channel
6, PBS/APTS (with some member TV stations/joint licensee on TV Channel 6)
and the LPTV community.

And, even if we assume that Channel 199 and 200 could get
reserved/allocated for NCE use, there is no guarantee that public radio
stations would be able to obtain stations.  By law, the FCC would have to
open a filing window for all qualified NCE stations and use its existing
point system to select among competing applicants.  At best, maybe public
radio would have a 50/50 shot at ending up with a station – maybe less.

Thus, all things considered (pun intended!), we are advising our clients
that is likely not worth the effort/hassle (and the inevitable bad blood in
the broadcast and public broadcast industries) to pursue this effort.

You may feel free to share this email with Cal. Public Radio stations.

I have shared my viewpoint with NPR – they do want feedback from their
member stations.  😊

Best,

Meg

Margaret L. Miller

Partner

Gray Miller Persh LLP

2233 Wisconsin Ave., NW, Suite 226

Washington, DC  20007

Tel:  202-776-2914

Email:  [email protected]

Hi everyone, I asked Meg Miller for her input regarding NPR’s NCE FM study that NPR recently asked us to consider. She responded today, gratis, for California stations. Happy holidays everyone! Frank *Frank Lanzone, Jr. * President ~ General Manager KCBX Inc. ~ California Public Radio 4100 Vachell Lane San Luis Obispo CA 93401 805-549-8855 *From:* Meg Miller [mailto:[email protected]] *Sent:* Thursday, December 16, 2021 8:29 AM *To:* Frank Lanzone <[email protected]> *Subject:* RE: Seeking California Pub Radio Feedback on NCE FM Study Frank: I’ve looked into this Channel 199 and 200 proposal. It is real long (LONG) shot to get the channels allocated for NCE use and will no doubt raise the ire of NAB, commercial radio, commercial TV stations on Channel 6, PBS/APTS (with some member TV stations/joint licensee on TV Channel 6) and the LPTV community. And, even if we assume that Channel 199 and 200 could get reserved/allocated for NCE use, there is no guarantee that public radio stations would be able to obtain stations. By law, the FCC would have to open a filing window for all qualified NCE stations and use its existing point system to select among competing applicants. At best, maybe public radio would have a 50/50 shot at ending up with a station – maybe less. Thus, all things considered (pun intended!), we are advising our clients that is likely not worth the effort/hassle (and the inevitable bad blood in the broadcast and public broadcast industries) to pursue this effort. You may feel free to share this email with Cal. Public Radio stations. I have shared my viewpoint with NPR – they do want feedback from their member stations. 😊 Best, Meg Margaret L. Miller Partner Gray Miller Persh LLP 2233 Wisconsin Ave., NW, Suite 226 Washington, DC 20007 Tel: 202-776-2914 Email: [email protected]