Posted on March 15, 2013 by David Oxenford

Next Step in Processing 2003 FM Translator Applications - FCC Asks for LPFM Preclusion Studies From Major Market Applicants

The next step in processing of the translators from the 2003 FM translator window is now upon us.  The FCC has asked for major market translator applications – those in the "Appendix A markets" (essentially the top 150 Arbitron markets and a few additional ones in which numerous translator applications were filed) and those within 39 km of the grid used in these markets to determine whether future LPFM stations would be available – to file "preclusion studies" in a window between April 1 and April 19.  A list of the applications that have to provide such showings can be found here.  A preclusion study is a showing that the grant of the proposed translator will not unduly impact LPFM opportunities in that market. The FCC public notice provides the methodology for making such showings as well.

This is one more step toward the clearing of the 2003 translator backlog.  Already, as we've written, 700 rural applications have been proposed for grant.  Next steps include the formal identification by the FCC of what applications are mutually exclusive with each other, and the opening of a settlement window.  Eventually, those applicants not being granted as "singletons" (ones not mutually exclusive with other applications), or as a result of the settlement window, will head to an auction.  And the FCC is still shooting for a window in which applications for new LPFM stations can be filed in October.  By then, most translators that will have to be protected by LPFM applicants should be identified by the processes that the FCC is going through now.  Stay tuned as this long-running saga goes through its final episodes in the next few months. 

 

Update, 3/18/2013 - The FCC just released another public notice detailing what it expects from Preclusion Studies. 

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Posted on December 4, 2012 by David Oxenford

FCC Moves to Resume Processing of 2003 FM Translator Applications and Toward the Opening of a Window for New LPFM Applications

The FCC offered its solution for the remaining conflicts between LPFM advocates, applicants for new FM translators from the 2003 FM translator window, and full-power FM stations with a series of orders approved by the FCC at its open meeting on Friday. We wrote about some of the issues on the table for the FCC's resolution most recently, here. The full decision rendered on Friday as to FM translator processing was just made available moments ago, and we will analyze it shortly.  From the FCC's Press Release on the matter and the statements of the Commissioners, we understand that there were several significant decisions made at the meeting, including:

  • Allowing applicants from the 2003 translator window to continue to prosecute up to 70 applications remaining from the window, as long as at least 20 of those applications are outside of the Top 150 markets and four other markets that had received significant applications in the 2003 window.
  • Allowing applicants from the 2003 window to continue to prosecute up to 3 translators in a single market – up from a limit of one in the Commission's previous decision on the matter
  • Allowing LPFM applicants to receive waivers of the spacing requirements to full-power stations on second adjacent channels if they comply with the same rules as do translator applicants seeking second-adjacent channel waivers – e.g. showing that there is no interference over populated areas, and agreeing to shut off operations if there is interference to the regularly used signal of any FM full-power station
  • Eliminating the ability for LPFM stations to apply at 10 watts, and apparently rejecting proposals to allow for a class of 250 watt LPFM stations.
  • Specifically allowing LPFM stations to use FM translators in certain instances
  • Promising to open a window for the filing of LPFM applications by October 2013.
  • Changing certain preferences in the point system for awarding LPFM stations

The details set out in the just-released order will be quite important, as they should provide more information about the process for processing the remaining FM translator applications from the 2003 Window, an issue very important to many broadcasters who have been looking at some of these stations as a way to provide rebroadcasts of their AM stations and their HD-2 streams. Full-power broadcasters will also be interested in the details of the complaint process that will apply to new LPFM stations that cause interference to full-power FM stations. And those interested in LPFM will be anxious to see more details on the preference changes for awards in situations where there are mutually exclusive applications for new LPFM stations – including the obligations for shared-time operations in certain circumstances. So watch for further information in the coming days. 

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Posted on August 29, 2011 by David Oxenford

FCC Extends to September 6 the Comment Deadline for LPFM/FM Translator Proceeding

The FCC just issued a public notice extending the comment deadline in its proceeding to determine how to process the FM translator applications pending from the 2003 FM translator window so as to not unduly preempt opportunities for new LPFM stations.  Comments were originally due to be filed today, but the deadline has now been extended to September 6, based on transportation and communications concerns in light of the disruptions caused by Hurricane Irene.  Reply comments will now be due on September 20.  We summarized the issues in this proceeding here and here.   Many are awaiting the conclusion of this proceeding - including those who have had an 8 year wait for the processing of FM translator applications from the 2003 Window as well as those looking forward to the opening of a window for applications for new LPFM stations.  Presumably, this short delay in the comment deadline will not unduly delay this highly contested proceeding, as the Commission will no doubt have many technical and legal issues to resolve, some stemming need to interpret the meaning of the Local Community Radio Act enacted by Congress late last year.

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Posted on July 29, 2011 by David Oxenford

August 29 Deadline for Comments on LPFM and FM Translator Processing - Looking to Unfreeze 2003 FM Translator Applications and to Open a New LPFM Window

August 29 will be the deadline for initial comments on the FCC's proceeding to set the relationship between applications for new LPFM stations and those for FM translators, a date set forth in a Federal Register publication of the FCC's Notice of Proposed Rulemaking on this topic.  We wrote about the FCC's NPRM here.  But it bears emphasizing that the decisions made in this proceeding will impact the processing of the thousands of FM translator applications still pending from the window opened for these applications back in 2003, and the potential for a new filing window for LPFM applications in the near future.  The NPRM also will decide whether FM translators can be used for the rebroadcast of an AM station if that translator was granted after the FCC first authorized the rebroadcast of AM stations by FM translators.  Up to this point, AM stations can only use translators granted before May 1, 2009 to rebroadcast their signals. 

Issues to be addressed in this proceeding include:

  • Whether the FCC's proposal to use a market based analysis to determine which 2003 translators can continue to be processed (dismissing all translators when there were few opportunities for new LPFM stations) is justified?
  • Whether the technical basis of that analysis is accurate (as the FCC used the same model to assess the availability of channels in a market - overlaying a grid onto each market, and determining if LPFM opportunities existed at set points on that grid - the grid size was uniform in all markets, even though markets obviously are not uniform in size and shape)
  • Whether the assumptions about the number of LPFMs that are needed in each market were justified (the FCC concluding that there should be opportunities for at least 8 LPFMs in the Top 20 markets, 7 in Markets 21-50, 6 in Markets 51-100, and 5 in Markets between 101 and 150 and in smaller markets where at least 4 translator applications are pending - if there were not that many opportunities available, then all the FM translators pending in that market were proposed to be dismissed).
  • How should future opportunities for filing new LPFM and FM translator applications be handled?  What would be the priorities between such applications?

In addition, while this proceeding is pending, all "move-ins" of FM translators into rated markets, where they have become much in demand to rebroadcast AM signals or signals from HD-2 stations, are frozen.  So, many are anxious for the resolution of this proceeding - not only those with 2003 FM translator window applications still pending and those who are anxious to file for new LPFM stations, but also those looking to move a translator into a larger market (and we're sure that the FCC is anxious to resolve this matter too).  So file your comments by the August 29 deadline, and your replies by September 12.

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