Posted on July 12, 2011 by Brendan Holland

FCC Adopts Rule Making to Chart a Path to the Licensing of New LPFM Stations

At today's FCC open meeting, the Commission adopted a Notice of Proposed Rule Making ("NPRM") to begin the process of implementing the Local Community Radio Act of 2010, passed by Congress last year, and to chart a path to the licensing of new LPFM stations.  (See our earlier posting here regarding the Local Community Radio Act of 2010.)  While today's item does not attempt to address all of the issues raised by the Act, it starts the implementation process and seeks to develop processing policies for FM translator applications, resume the licensing of pending translator applications, and establish a framework for licensing new LPFM stations.  

One of the most significant aspect of the NPRM is the Commission's tentative conclusion that the earlier "ten application limit" that it previously imposed on pending FM translator applications would not further the statutory mandate of licensing new LPFM stations, as the limit does not take geographic or market differences into consideration and the remaining translator applications would still block new LPFMs in numerous markets, according to the Media Bureau's analysis.  In today's item, the Commission proposes to eliminate the earlier ten application limit and consider other alternatives for potentially dismissing previously filed translator applications in order to ensure that new LPFM applications can be granted.  Specifically, the FCC seeks comment on several options, including:  1.) Dismissing all pending FM translator applications and make plans for a new joint window for both LPFM and FM translators; 2.) Not dismissing any FM translator applications, but rather establish a priority for future LPFM applications; and 3.) Adopting a market-specific translator application dismissal processing policy to clear out pending FM translator applications in certain markets. 

The NPRM also raises questions regarding how the Commission should assess the needs of the local community -- which the Act instructs it to consider when making licensing decisions between LPFM and translators.  These questions go to the fundamental nature of each class of station and the type of service they can, and/or must, provide to the public consistent with their respective licensing rules.  In addition, the NPRM seeks input on how to interpret the Act's requirement that translators and LPFMs are to be afforded "equal status".  Here, the Commission starts with the question of whether the Act's mandate that it treat LPFM and translator "stations" co-equal allows it to give priority to later-filed LPFM "applications" over pending FM translator "applications".  Reading the NPRM it is clear that the broadly worded Act was big on goals and short on specificity, as today's item now seeks to put the rubber to the road and figure out how to balance the two services, and how exactly to process applications from the two services while ensuring opportunities for new LPFM stations on the one hand, and yet treating FM translators on a "co-equal basis" on the other hand.  

The Commission also seeks comment on processing policies to deter the potential for speculative abuses among translator applicants, and comment on the use of FM translators to rebroadcast the signals of AM stations.  Both the NPRM and several of the Commissioners support the use of FM translators to rebroadcast AM stations, however, the current policy only authorizes such rebroadcasts on FM translators that had licenses or permits as of May 1, 2009.  The FCC asks whether it should extend that policy to permit AM rebroadcasts on FM translator applications that were on file as of May 1, 2009.  The FCC is moving quickly on this proceeding, and Comments will be due 30 days after publication in the Federal Register, with Reply Comments due 45 days after publication.  

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Posted on September 1, 2009 by Brendan Holland

Beginning Oct. 1st AM Radio Comes to the FM Dial

With today's Federal Register publication of the FCC's recent Order amending the rules governing FM Translator stations, the date is officially set at October 1st for when AM stations can begin to rebroadcast their signals on FM translators.   Beginning October 1st, the long-standing prohibition on rebroadcasting AM radio on FM translators is off the books and translators are free to pick up an AM signal.  As of that date, no further authority will be required from the FCC in order for an FM translator to rebroadcast an AM station. 

In fact, any existing STAs (Special Temporary Authority) previously granted by the Commission for such rebroadcasts will be canceled as of October 1st, as they will no longer be necessary.  Accordingly, FM translator stations that are currently rebroadcasting an AM signal pursuant to an STA should follow the FCC's standard procedures and simply file a letter with the FCC indicating the full power station that is being carried.  Just as for the rebroadcast of an FM station, a translator stations must notify the Commission in writing of any change in the station being rebroadcast. 

As we summarized earlier, the rules governing rebroadcasts of AM stations are fairly similar to those for rebroadcasting FM.  The main issue with respect to AM rebroadcasts is that no portion of the 60 dBu contour of the FM translator station may extend beyond the smaller of:  (a) a 25-mile radius from the AM transmitter site; or (b) the 2 mV/m daytime contour of the AM station.  Further, AM broadcast licensees with Class D (daytime-only) facilities will be allowed to originate programming on such FM translators during periods when the AM station is not operating.  So daytime-only AM stations can continue operating at night on a fill-in FM translator. 

In addition, a few other points to note:

First, this rule change is not an opportunity to seek authorizations for brand new translators.   Rather, only "currently authorized FM translators," meaning translator stations with licenses or permits in effect as of May 1st, 2009, can be used to carry AM signals.

Second, the translator stations must be co-owned with the AM station being rebroadcast or else have written consent to rebroadcast the AM station (just as a translator must for an FM station). The rules will allow AM licensees to enter into agreements for the rebroadcast of their station on FM translators licensed to unrelated entities in the non-reserved band.  However, this policy does not extend to FM translators in the reserved band. So AM stations cannot enter into agreements with unrelated entities to rebroadcast their signals on reserved band translators. 

Finally, although FM Translators are not subject to the multiple ownership rules, the Commission warns that it will be considered an abuse of the FCC's rules to use two or more cross-service translators to effectively create a de facto FM station or to circumvent the local ownership limits. 
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Posted on June 29, 2009 by Brendan Holland

FCC Adopts Rules Permitting AM Rebroadcasts on FM Translators

The FCC today adopted an Order revising its rules to permit the rebroadcast of AM radio stations on FM translator stations.  A copy of the Order is available here.  By this Order, the FCC formally adopted the interim policy that it has experimented with in the past year and a half since the release of the Notice of Proposed Rule Making in this proceeding.  The Commission acknowledged that the interim rule has worked well and that allowing AM stations the same flexibility to use FM translators to enhance their service is in the public interest. 

Per today's Order:  "Specifically, AM broadcast stations will be allowed to use currently authorized FM translator stations (i.e., those now licensed or authorized in construction permits that have not expired) to rebroadcast their AM signals, provided that no portion of the 60 dBu contour of any such FM translator station extends beyond the smaller of: (a) a 25-mile radius from the AM transmitter site; or (b) the 2 mV/m daytime contour of the AM station. In addition, AM broadcast licensees with Class D facilities will be allowed to originate programming on such FM translators during periods when their AM station is not operating."

Several things to note:

First, "currently authorized FM translators" means translator stations with licenses or permits in effect as of May 1st, 2009.  As expected, there is no opportunity to seek authorization for new FM translators, and by extension, there was no need for the FCC to address the issue of priorities between LPFM stations and FM translators (which the FCC says it will address in the pending LPFM rule making).  So this rule change simply allows existing FM translator stations to rebroadcast AM stations.

Second, the translator stations must be co-owned with the AM station being rebroadcast or else have written consent to rebroadcast the AM station (just as a translator must for an FM station).  The rules will allow AM licensees to enter into agreements for the rebroadcast of their station on FM translators licensed to unrelated entities in the non-reserved band.  However, this policy does not extend to FM translators in the reserved band. So AM stations can't enter into agreements with unrelated entities to rebroadcast their signals on reserved band translators.

Third, just as with FM stations, translators cannot be used to extend the contour of an AM station, and must be wholly contained within the 2 mV/m daytime contour and the 25-mile radius.  Similarly, the financial support rule remains the same, so AM licensees may not provide financial support for a translator in situations where an FM licensee could not do so.

Finally, just as with FM stations, there is no numeric limit on the number of fill-in FM translators allowed for an AM station, other than the existing limitation on the ability to hold multiple translators serving the "same area" absent a showing of technical need.

The Order is intended to go into effect as soon as possible, and the new rules will be effective 30 days after publication in the Federal Register (or after OMB approval if it is later).  As of the effective date of this Order, the FCC will dismiss any pending or previously granted STAs allowing the rebroadcast of AM stations on FM translators, as they will no longer be necessary.  Consistent with the FCC's rules, translator stations must simply notify the FCC of a change in the station it is rebroadcasting by filing a simple letter notification. 
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