Broadcast license

Abroadcast licenseis a type of spectrumlicensegranting the licensee permission to use a portion of theradio frequencyspectrumin a given geographical area forbroadcastingpurposes. The licenses generally include restrictions, which vary from band to band.

Spectrum may be divided according to use. As indicated in a graph from theNational Telecommunications and Information Administration(NTIA),frequency allocationsmay be represented by different types of services which vary in size.Many options exist when applying for a broadcast license; the FCC determines how much spectrum to allot to licensees in a given band,according to what is needed for the service in question.

The determination of frequencies used by licensees is done through frequency allocation, which in theUnited Statesis specified by the FCC in atable of allotments.The FCC is authorized to regulate spectrum access for private and government uses; however, theNational Telecommunications and Information Administrationof theCommerce Departmentallocates spectrum for use by the federal government (including the military).

In some cases (e.g.CBradio,Wi-Fi), the public may use spectrum without a license. Commercial users (such as television, AM/FM radio, and some types of two-way communications) will receive an FCC assignment to a portion of spectrum, which may be a single frequency or a band of frequencies. In issuing broadcast licenses the FCC relies on "comparative hearings", whereby the most qualified user will be granted use of the spectrum to best serve the public interest; researchers have pointed out that this procedure favors incumbents.

Violation of the terms of a license (due to technical fault or illegal content) may result infinesorrevocationof the license. Licenses have also been jeopardized by misrepresentation on the part of the holder or failure to keep apublic file(in the U.S. and Canada).Unlicensed broadcastingrefers to legal devices allowed to transmit atlow powerwithout a license andpirate stations,which violate the law.

Economics

In the U.S. broadcast licenses were issued for only a nominal payment, but economistRonald Coasechallenged the FCC's approach. Coase proposed that, as for other resources (land, metal, etc.), the market should regulate the use of radio spectrum. This proposition is based on theCoase theorem:with well-defined property rights, the free market will allocate resources to their most efficient use if transaction costs are low. Coase's theory indicated that broadcast licenses in a spectrum that was limited had higheconomic value,which should be paid on theopen market.Licenses are increasingly offered viaspectrum auctions;however, this fails to considernon-commercial educationalusers (who are shut out of the process for economic reasons).

Licensing is conducted by a broadcasting authority (a government agency) to manage the radio-frequency spectrum and implementpublic policy,such as that regarding theconcentration of media ownership.Inthe U.S.theFederal Communications Commission(FCC) does not assign licenses to exclusive users, instead permitting qualified users to apply for a license.TheRadio Act of 1927established the regulatory premise that the spectrum belongs to the public, and licensees have no property rights to use it.Although the spectrum is licensed to bidders, its purchase does not entail ownership or rights but the privilege of using that portion of the spectrum.

Process

The process of obtaining a new broadcast license may be lengthy. Abroadcast engineerfirst determines an available frequency, which may be unavailable in a crowdedmedia market(such as ametropolitan area). If a frequency is available, an engineering study is submitted with an application to the broadcasting authority, to demonstrate that the licensee will not causeRF interferenceto existing stations. There is a limited term for the license, once acquired. According to the United States Government Printing Office in 1997, the term could exceed 8 years;however, this has been shortened to five years or less (depending on whether the FCC requires further evaluation).

Aconstruction permitis first issued, with the license receiving approval when the station certifies that the permit has been executed (after testing to ensure that all parameters are within allowabletolerances). Once a facility is built and operational, it may be allowed to operate underprogram test authorityuntil the license is issued (or denied). Where a station is close to aninternational border,a license may also need to be approved by the foreign country's broadcasting authority forfrequency coordination.This is done even if the border is outside of a station'spredictedbroadcast range,sinceradio propagationsometimes causes stations to be heard outside their service area.

Existing stations apply for permits and license amendments when making changes to their facilities (such as relocation to another site, changing theradio antennaheight,making changes to adirectional antenna'sradiation pattern,or when adding—or converting to—digital broadcasting). Other situations (such as a change in thecity of license) are covered inrulemakingproceedingsin the U.S., which may be a prerequisite to moving a station a significant distance (leaving its original community outside its new coverage area). Temporary situations are covered byspecial temporary authority(STA) to operate at a variance from the license or permit or aRestricted Service Licence(RSL) to operate for a fixed period at reduced power. While these are FCC andOfcomterms, respectively, other countries have similar regulations.

In the U.S., court cases can prolong the process whenmutually exclusiveapplications are received. The FCC opens application window periods of about a week. Some applications have been pending for years; others end up inadministrative lawcourts orarbitration,sometimes with one applicant seeking abuyoutof another.

Technical specifications

Management of technicalspecifications(such as those inbroadcast television systems) is normally undertaken as a part of broadcast licensing in each country.Radio bandscarrysignals(such asvideoandaudio,digitalandanalog,narrowband,broadbandandcontent), and are licensed differently.

The broadcast license typically specifies the following minimum information:

• Geographic coordinates,with exactlatitudeandlongitude
• Carrier frequencyandbandwidth
• Modulationtype[s]
• Effective radiated power(ERP)
• Height above average terrain(HAAT)
• Directional antennaradiation pattern,specified at severalazimuths

Additionally, it often specifies:

• Operating hours (formediumwaveandshortwave)
• Transmitter power output(TPO) (before anyattenuationorgain)
• Broadcast auxiliary services(BAS) linking studio and transmitter sites
• Antennabrand and model
• Heightabove mean sea level(AMSL) and above ground level (AGL)
• Backup facilities (which may have separate licenses)
• Additional service authorizations (subcarriers,digital radio)

Some countries (such as theCanadian Radio-television and Telecommunications CommissioninCanada) specifyradio formator thegenreoftelevision programming,to ensure diversity. Community stations (such asclass A television serviceandLPFMstations in the U.S.) may be required to broadcast local content each week. U.S.broadcast translatorlicensesprohibitlocal content on FM, whileLPTVstations can choose, except those tied to a DTV station as a fill-in translator or booster to overcome the shortcomings of theATSCsystem mandated by the FCC.

Sharing

In some cases, two stations may share the same frequency in the same area, or even the same facility.Time sharinghas on occasion been used when two applicants have an equal number of points, mainly with LPFM stations. InFCC auction 1000for the 600 MHz band, TV stations were paid to leave the air in crowded markets (to facilitate repacking of stations onTV channels38 to 51 into those already using 2 to 36), but are allowed to move the license to another existing station, keeping theirvirtual channelnumbers andmust-carryrights. Each licensee is responsible for the content on their own channels, while both are jointly responsible for the technical operation of the transmitter, antenna, and tower.

In thecity of New York,89.1 MHz is reserved for theUnited Nations;however, it is used instead byWNYU-FMandWNYU-FM1,unless the U.N. should ever apply to use it.

Renewal

Licensing requirements differ forpublic radioandtelevisionand forcommunity radioandtelevisioncompared to commercial applicants. Licensees must be aware of deadlines, from original application to renewal, which vary by stateand include license expiration and dates for renewals. The form for renewal of a broadcast license in the United States is FCC Form 303-S. While the Form 303-S License Application consists of yes-or-no questions and certifications, the process of renewing the license is complex; the FCC requires that licensees certify that they were in compliance with all rules and regulations during the prior license term. If a license has been acquired in the middle of a term, the licensee will be evaluated from that point to the end of the license term. Misrepresentation to the FCC may lead to the loss of a license.

See also

• Broadcasting in the Soviet Union
• Public service broadcasting in the United Kingdom
• 1939 Temporary shutdown of BBC Television Service
• DuMont Television Network
• Seven TV
• Rede Tupi
• Television licensing in the United Kingdom
• Spectrum management
• Frequency assignment authority
• RCTV
• 2007 Venezuelan RCTV protests
• ATV
• 1972 Martial law under Ferdinand Marcos
• Banahaw Broadcasting Corporation
• ABS-CBN franchise renewal controversy- a issue whereas its application for broadcast license were denied due to "politically motivated" issues
• Tongyang Broadcasting Company

External links

• Australian Communications and Media Authority
• Industry Canada
• Radio Spectrum Management New Zealand
• Ofcom (United Kingdom)
• Federal Communications Commission (United States)