I’ve already been granted a second-adjacent channel waiver for a specific station, but I now need to make changes on Form 318 for the same channel. Is it necessary for me to submit a new waiver request in this situation?

If you have already been granted a second-adjacent channel waiver for a particular station and you now need to make a change on Form 318 for the same channel, typically, you do not need to submit a new waiver request. However, there are some important considerations:

1. Type of Change: The specific change you are making on Form 318 matters. If the change does not significantly alter the parameters that led to the grant of the second-adjacent channel waiver, you may not need to submit a new waiver request.
2. Impact Assessment: Before making any changes, it’s advisable to assess whether the modifications you intend to make will potentially affect the second-adjacent channel station. If the changes do not increase the potential for interference to the second adjacent channel station, you can proceed with the Form 318 modification without a new waiver request.
3. Notification: In some cases, it might be prudent to notify the FCC of the changes you plan to make, especially if they could potentially impact other stations. While this might not require a new waiver request, it ensures transparency and compliance with FCC regulations.
4. Consultation: If you have doubts about whether the changes you intend to make might require a new waiver, consider consulting with a legal expert or FCC consultant who can provide guidance based on your specific situation.

When filing Form 318 for any type of change and you’re dealing with a second-adjacent channel short-spaced situation, it’s essential to acknowledge and address the short spacing. Whether you need to submit a new study and waiver request depends on the nature of the change you intend to make.

Here’s a breakdown of when you should enclose a new showing and waiver request:

1. Technical Parameter Changes: If you plan to make changes to the technical parameters of the station, including alterations in the radiation center height (either higher or lower), adjustments to the tower location (even if it’s on an adjacent tower on the same property) that maintains the same distance (rounded to the nearest kilometer) or farther away but still short-spaced, or request an increase in power based on GLOBE terrain data, you should include a new showing and waiver request.
   • The study should confirm that the new parameters will continue to prevent the interfering contour from the LPFM station, as determined by the undesired/desired (U/D) method (Living Way method) or antenna manufacturer’s specifications, from reaching occupied areas that could create interference for listeners and potential listeners of the short-spaced second-adjacent channel station(s).
2. Moving Closer to the Short-Spaced Station: If your proposed move is to a location that is closer to the short-spaced second-adjacent channel station, you must also include a new waiver request.

For new stations, if your original license to cover has not yet been granted, and Form 318 is being filed to update board members or make changes to the time-share agreement without altering any technical parameters of the station, you still need to address the short spacing. This can be done by either attaching the original study performed during the application process that granted those physical facilities or making a reference to that application.

In summary, if the changes you intend to make on Form 318 for the same channel do not significantly impact the parameters that led to the second-adjacent channel waiver and do not increase the potential for interference, you may not need to submit a new waiver request. However, it’s crucial to carefully assess the potential impact of the changes and consider consulting with experts to ensure compliance with FCC regulations.