The Federal Communications Commission has revealed the dates for the first-ever filing window for noncommercial educational band FM translator stations.
The window will open at 12:01 a.m. on Tue., Aug. 11 and close two weeks later at 6 p.m. on Tue., Aug. 25, according to a public notice the Audio Division released Wednesday.
Anticipating high demand, the FCC encourages applicants to file in the early portion of the window, and given the finite nature of the spectrum, the commission said it cannot authorize a translator station for every qualified applicant during this window.
“Applicants are encouraged to retain a broadcast engineering consultant to determine the technical acceptability of their application,” the commission said.
During the window, the Media Bureau will only accept translator applications for channels in the NCE FM band between 88.1 and 91.9 FM.
We’ve got more details that all applicants should keep in mind below.
How to file
Applications must be filed electronically via FCC Form 2100, Schedule 349, in the licensing and management system, or LMS.
Schedule 349 will be available for data entry in LMS beginning July 1, allowing applicants to begin preparing their submissions early. But the Media Bureau will not accept applications before the window opens.
There is no filing fee required. Filed applications will not be made available to the public until after the window closes, according to the bureau.
Applicants are also reminded to carefully review channel and antenna location coordinates to ensure all data is specified without typographical errors. Bureau staff will not review attachments or information specified elsewhere in the application to resolve discrepancies.
Restrictions
Radio World previously reported the following eligibility restrictions for the upcoming window, but here’s a quick refresher:
Ownership: Each applicant must be the licensee or permittee of the existing NCE FM, NCE AM or LPFM station that the proposed translator will rebroadcast.
Application limits: There is a 10-application limit for each applicant entity nationally, excluding LPFMs. For Tribal LPFMs, the limit is four applications nationally; for other LPFMs, the limit is two.
Rebroadcast means: NCE FM translators can rebroadcast its intended signal via alternative delivery means, such as satellite and microwave facilities, as opposed to directly over the air.
However, that does not apply for LPFM translator applicants. Those applications must comply with the service’s direct off-air input rule. Additionally, the commission said it will not waive its LPFM contour overlap restrictions, nor the restriction that the transmitting antenna of the FM translator for an LPFM is located within 10 miles of the station in the top 50 measured markets and within 20 miles for those LPFM stations outside the top 50 markets.
Our friends at REC Networks go into more details about those restrictions.
Attributable interests: A party to an application filed in the window may not hold attributable interests in more than the maximum permitted number of applications.
Interference protections: Applications must strictly follow contour overlap and interference protection requirements between FM translator stations and FM full-service broadcast stations, other FM translator stations and LPFM stations, and you can view those contour restrictions here.
FM translators also must all observe distances set forth for all TV Channel 6 stations, including full-service, low-power, Class A and translator TV stations.
Furthermore, translator applications must protect granted, tentatively selected and pending applications from the 2023 LPFM filing window.
However, they do not need to protect a dismissed LPFM application if no petition for reconsideration has been filed and the dismissal becomes final prior to Aug. 25.
Mutually exclusive applications
If ties arise, the commission will default to its mutually exclusive, or MX comparative system.
Before proceeding to a comparative analysis, MX applicants will have an opportunity to resolve conflicts through settlements or technical amendments.
The comparative system consists of two main components: a point system analysis and, if necessary, a tie-breaker determination based on applicant-provided data and certifications.
On channels reserved for noncommercial use, the commission will grant the application of a translator providing fill-in service over one that extends the service area of a primary station.
Should applications of the same type conflict, the commission will apply the translator point system. We won’t go into those details here, but you can read more in the commission’s public notice.
It should be noted that NCE organizations will be considered “established” if they have operated as local entities for at least two years prior to the window’s filing deadline.
Finally, the commission said that any changes made after the filing deadline may potentially diminish, but cannot enhance, an applicant’s comparative position and point total.
Review process
Following the deadline, the Media Bureau will review all applications for compliance with technical and legal rules and dismiss any that are unacceptable. A dismissed applicant will have one opportunity to file a minor amendment and a petition for reconsideration requesting reinstatement.
This must be filed within 30 days of the dismissal.
If a translator application is accepted for filing, the applicant must provide public notice to inform the community. Notice must be posted for 30 days following acceptance, either on the applicant’s website, a parent entity’s website or a publicly accessible, locally targeted website.
Freeze frame
In conjunction with the window, the FCC announced it will freeze minor modifications for LPFM, translator and booster stations beginning July 11.
This freeze will continue until the translator filing window closes.
Additionally, the Media Bureau will not accept major modifications to existing NCE FM translator stations.
However, those licensees may apply for a new station and, upon commencement of operations, surrender their old station license. Any such application must include an exhibit indicating the proponent’s desire to treat the application as a major modification.
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