The FCC last week released a draft order (available here) in its proceeding looking at revising the procedures to resolve complaints of interference by translators (and certain LPFM stations) to existing FM stations. The draft order proposes many changes to the current process. For the most part, these changes will provide more certainty to translator operators as to whether the new translator they are constructing will be subject to being forced off the air, while making it somewhat more difficult for full-power stations to sustain a claim of interference from new translators. We wrote about the FCC’s initiation of this proceeding here and here.
The headline in many reports about this draft order is the FCC’s tentative decision to allow translators that do cause interference to move to any available FM channel to resolve that interference. In the past, channel moves have been limited to moves to adjacent channels that would be considered a “minor change” by the FCC. In many markets, this will provide the translator operator more opportunities to continue to operate its translator if it does in fact create areas of new interference. Of course, in some spectrum-limited markets, there may not be an alternative channel on which a new translator can be authorized if it has to move off its initial channel (and interference complaints may well be more likely in such spectrum-limited markets as the translator operator may not have had many channels that were clearly free from interference concerns from which to select). But the proposed new rules would also make objections harder to support. Continue Reading