Since the last opportunity for any applicant to file for FM translators in 2003, which resulted in thousands of applications and processing delays that still have not been totally eliminated (see, for instance, our articles here and here), the FCC has seemed hesitant to open another translator filing window.  The only opportunity to file for new translators since that 2003 window were the windows in the latter part of the last decade in which AM stations could file for FM translators that would be tied to those AM stations.  There have been rumors ever since that a new translator window would be opening – and now it appears that one is on its way – but it will be limited to applications by noncommercial broadcasters for new translators to operate in the Reserved Band (below 92 on the FM dial). 

The announcement of the coming window came by a draft Public Notice to be considered by the Commissioners at their next monthly open meeting on February 18.  The Notice to be considered at the February meeting would instruct the Media Bureau to open a window for the filing of new translators in the reserved band, reserved for use by noncommercial licensees (including Low Power FM stations).  Details as to when the window would be open, and other application filing procedures, will be set by the Media Bureau at some later date.  The principal issue tackled by the draft Public Notice is the question of how many applications any noncommercial operator can file in the upcoming window.

In the draft Notice, the Commission is proposing to limit each applicant to 10 applications nationwide – no matter how many full-power stations an entity may operate and no matter where those stations are located.  The goal is said to be to block speculators who may file multiple applications across the country, and to make it easier for the FCC to process the applications that are received.  No consideration is given to the fact that an applicant with multiple full-power stations across the county may have needs for greater coverage for each of those stations than would an applicant that has only a single full-power station to rebroadcast.  The draft Notice also gives no thought to the probability that most of the applications to be filed will likely be in large population centers in order to serve the most people.  Applicants will be less likely to file for smaller, rural areas with a 10-application limit.  These rural areas, where there is already less service and likely more need for additional service, might never receive that service if it must be rolled out incrementally, 10 applications at a time in infrequent filing windows.

The draft Notice also proposes to limit applications to ones by existing noncommercial licensees.  So, absent any changes before the Notice is adopted by Commissioners, new noncommercial companies cannot be formed  to rebroadcast noncommercial programming provided by another licensee. There are also limits on the number of translators that can be filed by LPFM station licensees and Tribal entities. 

The decision on these application limits is not final, even if the Public Notice is adopted at the February meeting.  Instead, there will be a comment window on these proposed rules, with comments due 15 days after the notice is published in the Federal Register and reply comments due 25 days after that publication. 

Even with the proposed filing limits, noncommercial applicants should be preparing for this window.  This filing opportunity complements other opportunities for new broadcast stations that are already open or which may be coming.  We’ve written about the upcoming March window for new LPTV stations (see our article here, and the FCC notice setting revised filing dates, here).  And there was a window for commercial FM stations that was noted in the FCC’s proposed budget for this fiscal year (see our note here).  Now is the time to start talking with your consulting engineer and FCC attorney about potential options.  Be prepared!