Last Friday, the Federal Communications Commission (FCC) Media Bureau released an Order authorizing an across-the-board increase in digital power for FM broadcasters of up to 6 dB above existing authorized power levels, subject to additional conditions and protections for analog service. Further power increases, up to a maximum of 10 dB above existing levels, can be applied for if certain protection levels are met.

NAB supported the request for a digital power increase of up to 10 dB made by 18 broadcasters and the four largest manufacturers of transmission equipment. In November 2009, National Public Radio (NPR) joined with iBiquity Digital Radio to support an immediate 6 dB power increase, swift remediation of instances of harmful interference, and potential additional power increases pursuant to a proposed formula, up to a maximum of 10 dB.

In response to the FCC’s action, NAB issued the following statement:

"Today's ruling will result in greatly improved indoor reception for HD Radio listeners and greater service reliability for portable HD Radio devices," said NAB Executive Vice President Dennis Wharton. "Broadcasters salute the FCC for taking this important step, which will allow free and local radio stations to better serve communities across America."

The FCC Order substantially adopts the iBiquity/NPR proposals.

(1) It authorizes a blanket power increase of 6 dB, subject to additional conditions. Excepted from this across-the-board increase are all classes of super-powered stations, for which the digital power levels are limited to the higher of: (a) current authorized digital power, or (b) at least 10 dB below the maximum analog power that would be authorized for the class of the super-powered station as adjusted for height. (The Media Bureau is providing a Calculator for stations to determine super-power status at http://www.fcc.gov/mb/audio/digitalFMpower.html.)

(2) It permits power increases beyond a 6 dB increase, up to a maximum increase of 10 dB, if conditions that limit harmful interference can be met and an application (informal request) is filed with the FCC setting out compliance with a set formula and chart, as described in the Order.

(3) It adopts procedures, consistent with those urged by NPR and iBiquity, to remediate harmful interference from any stations increasing power above current levels. Essentially, it provides that, where a power increase results in complaints of actual interference within another station’s protected service contour and the respective licensees are unable to reach agreement on a voluntary power reduction, the Commission staff may order power reductions for the IBOC digital carriers after the filing of a prima facie, documented complaint containing at least six reports of ongoing, objectionable interference.

The FCC Order will allow most stations to increase digital power by 6 dB and many additional stations to increase power above that level.

As of the effective date of the Order (which will be the latter of Federal Register publication of the Order or of required budget approval), eligible FM stations may begin operation with a 6 dB increase in power, and must electronically notify the Media Bureau under procedures outlined in the Order.

If you have questions, please contact NAB Legal Department at (202) 429-5430.