The FCC is hearing back about its plan to hold a translator filing window for the noncommercial band later this year.
The commission calls its plan a historic expansion and opportunity for educational and community broadcasters, though one advocacy group says it doesn’t do enough for low-power FM stations.
The plan would permit noncommercial FM, LPFM and noncommercial AM licensees to apply for FM translators operating in the reserved band, 88.1 to 91.9 MHz.
The FCC has said its proposal balances providing more access for noncommercial broadcasters with the need to guard against possible abuse. It proposes a cap of 10 applications per licensee.
Here’s a summary of three filed comments.
LPFM-AG
The Low Power FM Advocacy Group, headed by Dave Solomon, told the commission that the window is welcome but too restrictive.
“The proposed window is confined to Channels 201–220 only. That is the narrowest slice of the FM band and the portion reserved for noncommercial educational FM service,” Solomon wrote.
He said the window risks becoming a “paper opportunity for LPFM” since the commission proposes to leave in place a set of LPFM-specific translator limitations that are “unusually restrictive.” As a result he says the opportunity for LPFMs in this plan is “largely illusory.”
He identified technical barriers for LPFMs as well.
“Those limitations include the 60 dBu overlap requirement, the direct over-the-air input rule and the 10-mile/20-mile siting rule.”
Solomon also says the growth in the number of NCE stations in recent years reduces the number of channels available.
[Related: “Here’s How FCC Station Totals Have Changed in 10 Years”]
The FCC also proposed a cap of four applications for tribal applicants and two for LPFMs.
According to Solomon, “The better approach would be either to permit four applications for all LPFM applicants or to adopt a neutral standard under which additional LPFM applications may be justified by terrain, rurality, dispersed market geography, insular location, lack of usable reserved-band channels or service to underserved populations.”
He also recommends the FCC implement a one-year holding period on assignments and transfers to discourage “trafficking” of new authorizations.
REC Networks
REC Networks, founded by Michelle Bradley, has taken an active interest in the plan.
According to an ex parte filing, Bradley met in January with several leaders of the Audio Division of the Media Bureau, including Division Chief Albert Shuldiner, to discuss it.
In her filed comments, Bradley told the FCC the national cap of 10 applications seems appropriate and is the same as prior noncommercial filing windows in 2007 and 2021.
However, Bradley warns of potential loopholes that could lead to manipulation of the filing system.
“Specifically, we are concerned that an applicant can intentionally file for a new FM translator to rebroadcast their own station and then immediately change the primary station to a different non-commonly owned station and eventually assign it to a different party based on a pre-planned arrangement,” she wrote.
“This vulnerability is very concerning to the integrity of the strict rules that are being put in place.”
Bradley would go further to prevent potential gamesmanship, proposing a condition that within the first four years of licensed translator operation, the primary station designation can only be changed to another broadcast facility that is commonly owned by the translator permittee/licensee.
Cedar Grove
Meanwhile a full-service NCE licensee is urging the commission to expand the cap from 10 to 30 applications.
Cedar Cove Broadcasting says a smaller cap could force applicants to focus on large markets instead of rural areas.
“With the proposed 10-application limit to established NCE FM broadcasters, it will most likely limit potential new service to rural areas as NCE FM broadcasters will need to choose between filing applications for larger populated areas and these smaller areas,” the broadcaster told the FCC in a filing by President Victor A. Michael Jr.
Cedar Cove, licensee of eight full-power noncommercial stations and eight translators, says it has done preliminary potential channel availability studies for new NCE FM translator stations and has found available spectrum in most of the top 150 metro markets.
It also would reduce the planned cap for LPFM licensees from two applications to one, due to the limited number of opportunities in larger populated areas, which in turn would give established full-service NCE AM/FM stations a greater opportunity for these new potential NCE FM translators.
It said that even limiting LPFMs to one application could allow an existing LPFM station to potentially double its population coverage area, because those stations are limited to a maximum of 100 wats effective radiated power, whereas new NCE translators can operate with up to 250 watts ERP.
The FCC also plans to limit eligibility in the window to existing licensees and permittees, which drew broad support from commenters.
No dates for the filing window have been announced.
Other filers include Ted Schober, Kyle Magrill, the Educational Information Corp. and Charles De Caro. You can review the filings at https://www.fcc.gov/ecfs/search/search-filings. Enter 26-20 in the “Proceeding” field.
Reply comments are due March 26.
