On Friday, the FCC announced an extension of the deadline by which reply comments are to be filed in the proceeding to look at ways in which to revitalize AM radio. Almost 150 comments were filed in the FCC’s proceeding to look at ways to revitalize the AM band. Because of the volume
FM translators for AM stations
FCC Clarifies Rules for LPFM – Part 1 – What to Do With FM Translator Applications From the 2003 Filing Window, and Using Translators for the Rebroadcasting of AM Stations
The status of LPFM stations has been up in the air almost since they were first created over a decade ago, as the FCC has been slow to open a window for filing applications for new stations while controversies about interference with full-power FM stations and FM translators, and other issues, were being hashed out. This past week, the FCC issued two orders interpreting the Local Community Radio Act ("LCRA") passed by Congress in late 2010 (which we summarized here), and clarifying other issues affecting the service. This article will discuss the first of the two orders – attempting to resolve the priorities between LPFM stations and the thousands of applications for new FM translators still remaining to be processed from the FCC’s 2003 FM translator window. Subsequent articles will discuss the second order (which also contains a Notice of Proposed Rulemaking asking for public comment on several proposals). That order and NPRM addresses the interference protections between LPFM and full-power FM stations, the elimination of third-adjacent channel protections, and proposes some changes in LPFM rules, including proposals to allow LPFM stations to operate with up to 250 watts ERP in smaller markets, and even to operate FM translator stations of their own.
The first order attempts to resolve the issues about the FM translator applications that have been pending since 2003. LPFM advocates contend that the thousands of applications that remain to be processed will foreclose LPFM opportunities, particularly in larger markets, by using up all available spectrum. The translator applicants, on the other hand, have contended that translators provide an important service – expanding the reach of noncommercial stations and now allowing new outlets to more readily make available to the public the signals of AM stations and FM HD streams. The order sets out markets where the FCC has found that spectrum is indeed limited for LPFM opportunities, where translator applications will be dismissed to provide opportunities for a certain base level of LPFM service. The order does not fully adopt the system proposed in the FCC’s July NPRM in this matter (see our summaries here and here) which would have required the blanket dismissals of all translator applications in spectrum limited markets. Instead, it provides opportunities for some translators to be processed even in these markets with limited LPFM opportunities, where it can be shown that these translators do not in fact block such opportunities. This is detailed below, as are the rules that the FCC has adopted which set local and national limits on the number of applications from the 2003 window that one applicant can continue to process and some changes in the rules regarding FM translator use by AM stations.Continue Reading FCC Clarifies Rules for LPFM – Part 1 – What to Do With FM Translator Applications From the 2003 Filing Window, and Using Translators for the Rebroadcasting of AM Stations
FCC Letter Questions Multi-Hop Move of FM Translator – Limits on Availability of Translators for AM Stations?
An FCC letter to the licensee of an FM translator owner asking very specific information about a series of applications to move that translator to a larger market raises question as to whether the FCC is shutting the door on moves of translators from one market to another – where they have often been used to rebroadcast the signal of an AM or an FM HD signal, adding new competition. While this letter does not explicitly say that multi-hop moves of translators are impermissible under FCC rules, the fact that an investigatory letter from the FCC to one applicant is published in the FCC’s general releases indicates that a message is being sent by the Commission. And the letter questions whether the large move accomplished by a series of small hops is an abuse of the FCC’s processes. The letter asks for the details of each move in the series – where the station was built, who gave permission to use the transmitter sites that were used, how long the station operated at each location, what primary station’s signal did the translator rebroadcast at each site, and what the applicant’s ultimate purpose in the moves was.
We’ve written about the FCC’s apparent crackdown on FM translator moves – first by simply slowing the processing of such applications, then entering into a consent decree with a monetary penalty and the forfeiture of a translator license by a translator licensee who apparently did not have reasonable assurance of every transmitter site in a multi-hop move, then suggesting that such moves were an abuse of process (while, at the same time, making more limited moves easier). Now it seems to be actually taking steps to enforce the thinking that, where there is an intent to accomplish a "major change by multiple minor change applications", there is an abuse of process. Thus, the FCC seems to be drawing the noose tighter around the ability to move these stations large distances.
The FCC, when it authorized the use of FM translators for AM stations did so with the caveat that only translators that had been granted as of the date of its 2009 order would be allowed to be used for such rebroadcasts. In many markets, this put a premium on existing translators, as there were not enough translators to rebroadcast all the stations that wanted to be rebroadcast – even where the spectrum to locate such translators existed. A number of broadcasters found translators in other communities that could technically fit in the community where the broadcaster operated, and agreed to buy them if they could be moved. Outside a "major change window", translators can only be moved by "minor changes", i.e. where their existing contour overlaps the proposed new contour. During translator windows, larger moves are permitted, but the last translator window was in 2003. Another is not expected for at least another year or, most probably, two or more. To get around the limitation on major changes, translator licensees would file a series of minor change applications to move a translator from one site to another (commonly referred to as a "hop"), build the translator at each site, and, through a series of minor changes, ultimately move to the city where there was an AM station or HD signal that wanted to use that translator. For a time, the FCC seemed fine with this process.Continue Reading FCC Letter Questions Multi-Hop Move of FM Translator – Limits on Availability of Translators for AM Stations?
FCC Deadlines in January – Quarterly Issues Programs Lists, Children’s Program Reports, Comments on TV Online Public File and Public Interest Obligation Proposals, FM Window and More
In addition to the normal FCC deadlines for routine filings, January brings the deadline for comments in a number of FCC proceedings, and a filing window for new FM applications. For TV stations, the Commission recently extended to January 17 the Reply Comment deadline on its proposals (summarized here) for an online public inspection file. …
New Policy on FM Translator Moves – Bigger Moves Permitted In One Hop, But Multiple Hops are an Abuse of FCC Processes
The FCC today made it easier to move an FM translator from one location to another, but at the same time adopted new policies that seemingly restrict how far a translator can be moved. Today’s decision uses a waiver process to relax the rules so as to permit a move of a translator a greater distance in a single application, but the decision also labels multi-hop moves as an abuse of the Commission’s processes. As translators have become more important to broadcasters as a way to bring AM and HD-2 signals to a wider audience, this decision will have an immediate and significant impact on many broadcasters, once it becomes clear exactly what are the parameters set by the Commission.
Under Section 74.1233(a) of the FCC rules, a minor change for an FM translator requires that the facilities proposed in an application have a 60 dbu contour that overlaps with the translator’s current licensed 60 dbu. In effect, this is saying that part of the protected service area of the proposed new facility must overlap with the current protected service area served by the station from its licensed facility. As major change applications can only be filed during designated translator windows (and there has been no FM translator major change window since 2003), to make any move in a translator, it must be a minor change. The decision today allows, through a waiver of the rules, a minor change application to be used if the licensed facilities preclude construction of the new facilities, i.e. if the interfering contour of the licensed facilities of the translator overlap with the protected contour specified by the application for new facilities. A the interfering contour goes much further than the protected contour, this allows the FCC to approve in a single application a move of a greater distance than would be allowed under a strict reading of the rule. However, there were significant conditions imposed on the application of this new waiver policy that may preclude longer moves that have been common in the last few years. Continue Reading New Policy on FM Translator Moves – Bigger Moves Permitted In One Hop, But Multiple Hops are an Abuse of FCC Processes
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…
FM Analog Translator Can Rebroadcast FM Digital Multicast Programming – Opportunities for New Signals in Local Markets
In a recent decision, the FCC made clear that analog FM translators can rebroadcast the signal of a HD digital multicast channel from a commonly owned FM station. For months, broadcasters have been introducing "new" FM stations to their communities via translators rebroadcasting HD-2 signals which are broadcast digitally on a primary FM station, and available only to those who have purchased HD radio receivers. In the decision that was just released, the Commission’s staff rejected an objection to the use of an FM translator taking a signal that can only be heard on a digital HD Radio and turning it into an analog signal capable of being received on any FM receiver. In this case, the broadcaster rebroadcast his AM station on the FM HD station so that it could then be rebroadcast on the FM translator. But, even if the HD multicast channel was a totally independent station that could otherwise only be heard on an HD digital radio, it could be rebroadcast on the FM translator and received by anyone with an FM radio in the limited area served by the translator station.
The Commission did make clear, however, that a broadcaster cannot use another station owner’s HD multicast channel and rebroadcast that on a translator if the broadcaster already owned the maximum number of stations allowed by the multiple ownership rules. In other words, if a broadcaster is allowed by the multiple ownership rules to own 4 FM stations in a market, it could put a fifth (low power) FM signal in that market through the use of an FM translator rebroadcasting one of its own HD multicast signals. However, if it had not itself converted its FM stations to digital so that it had its own multicast abilities, it could not do a time brokerage agreement and program the multicast signal of another broadcaster in town who had installed the digital equipment needed to do such multicasts. An LMA or time brokerage agreement with another station for use of an HD multicast channel counts for multiple ownership purposes in the same way that such a programming agreement would if it provided for programming of a primary analog FM station. Continue Reading FM Analog Translator Can Rebroadcast FM Digital Multicast Programming – Opportunities for New Signals in Local Markets
House Committee Passes Bill to Allow for More LPFM Stations – With Some Protections for Existing Broadcasters
Last Thursday, the possibility of more Low Power FM (LPFM) stations came a step closer, as a subcommittee of the House of Representatives Energy and Commerce Committee passed a bill (the text of which is here) which would remove existing Congressional restrictions on the FCC adopting rules to ignore potential interference from new LPFM stations to full power FMs operating on third-adjacent channels. With this committee approval coming at the same time as the Senate Judiciary Committee’s approval of a bill that would authorize a sound recording performance royalty on radio broadcasters’ over-the-air programming, this was not a good day legislatively for traditional broadcasters. But it certainly could have been worse, as the LPFM bill does contain new provisions that would serve to extend some protection to existing broadcasters from interference from new LPFM stations. Perhaps because of these new protections, the committee action was unanimous.
The new protections built into the bill include the following:
- Protection for third-adjacent channel full-power FM stations providing reading services for the blind
- Providing protection for FM translator input signals from interference from new LPFM stations
- For a year after a new LPFM goes on the air, it must broadcast notices that any listener who experiences interference to another FM station or FM translator from this new LPFM should report that interference to the LPFM station. In the event that interference is reported:
- The LPFM must notify the FCC and the third-adjacent channel station that is getting interference
- The LPFM station must address the interference that arises
- The FCC is charged with looking for ways to assist the LPFM in remediating interference, including allowing co-location of the LPFM at the same tower site as the FM station or FM translator to which interference is being caused
- The FCC will investigate allegations of interference from an FM broadcaster or FM translator, no matter how far that interference is from the station, and even if the interference is to mobile reception
The bill does not say, however, what happens if the interference is not remediated. Under current FCC rules for the FM translator service, a new translator must sign off if interference to existing stations cannot be resolved. The bill does not specify that remedy for LPFM. This issue remains to be resolved if the bill eventually passes Congress.Continue Reading House Committee Passes Bill to Allow for More LPFM Stations – With Some Protections for Existing Broadcasters
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.Continue Reading FCC Adopts Rules Permitting AM Rebroadcasts on FM Translators
LPFM – When a Secondary Service Becomes Primary
When the Low Power FM service was first authorized, it was as a "secondary service," though a recent court decision shows how that secondary status is becoming less and less a reality. A secondary service is traditionally one that can be allotted where there are no other uses for a particular frequency, and which is subject to being bumped off the spectrum should there be another demand for that spectrum by a "primary" user. LPFM stations were originally supposed to provide service to areas between full-power FM radio stations, and to be bumped off the air if there was a new FM station authorized or a change in the frequency or power of an existing station. A decision of the Court of Appeals released earlier this month , upholding an FCC order giving more protections to LPFM stations, puts this secondary service into question.
The Court decision upheld the Commission’s decision, about which we wrote here, determining that waivers of second adjacent channel interference limitations between LPFM and full power stations should be permitted to help preserve LPFM service. In addition, the Court upheld the FCC’s process in adopting a new "interim" policy which provides that, where an LPFM is providing 8 hours a day of local programming and would be knocked off the air by an upgrade or city of license change of a full-power station, the LPFM station could apply for a waiver of its secondary status, and there would be a rebuttable presumption in favor of such a waiver. If the waiver is granted, the LPFM station would be preserved, and the application of the full-power station dismissed. Thus, effectively, LPFM would no longer be secondary, but instead will have assumed a primary, protected status.Continue Reading LPFM – When a Secondary Service Becomes Primary
