A Virginia broadcaster says he is suffering from a recurring headache. After experiencing interference from an FM translator years ago, Tom Birch, owner of Lakes Media LLC, knew what to expect when another broadcaster announced plans to operate a translator on the same frequency as his full-power FM station.
Now, Birch has filed a complaint with the FCC citing interference from the FM translator that recently commenced service.
Lakes Media LLC says, in its 53-page interference complaint and petition seeking a reconsideration, that First State Communications and its W252EL at 98.3 MHz is interfering with full-power WLUS(FM) on 98.3 MHz, licensed to Clarksville, Va.
Specifically, Lakes Media says the interference is occurring along the station’s southern 45 dBu contour, an area that includes six northern North Carolina counties.
W252EL is 250 watts at 440 feet above ground level and rebroadcasts the rock format of WQDR(AM), which serves the Triangle region including Durham and Chapel Hill, N.C.
Birch says First State notified him in 2021 that it was planning to file a CP to move translator W253CK from 98.5 MHz to 98.3 MHz as the renamed W252EL. “In email, phone and personal responses, we notified the owner, Don Curtis, that a translator originating from Cary, N.C., would interfere with WLUS,” he said.
Birch says Lakes Media provided a map to First State — prepared by du Treil, Lundin & Rackley, Inc. — that provided clear evidence of projected interference to WLUS across the six counties. Nonetheless, he says First State proceeded with a CP to move to 98.3 MHz as W252EL. The license application was approved by the FCC on Aug. 23, 2024, and W252EL commenced broadcasting, Birch said.
Birch contends he immediately notified First State of interference being reported by WLUS listeners, and personally drove through the interference area, and provided Curtis with four audio files demonstrating the interference. Birch says he repeatedly reached out to Curtis by phone and sent emails to Curtis and First State manager Trip Savery to notify them of the interference.
“Repeated attempts to seek resolution with the W252EL’s licensee has resulted in unacceptable delay and continued interference,” according to the complaint. “First State claims that it will … merely ‘forward your concerns to our consultant…’ and, to date, has taken no action to to resolve the matter.”
The complaint continues: “Private resolution is at an impasse because, since being informed of the interference, First State has repeatedly ignored requests for investigation and resolution by Lakes and dismissed Lakes’ concerns as something Lakes must pursue through this complaint process.”
Birch says he engaged Cavell Mertz & Associates to update the interference map, and to assist in the filing of a complaint by FCC counsel Sciarrino & Shubert.
“The programming on W252EL’s primary station completely overrides and deprives Station WLUS-FM of its listening area. Indeed, the counties in which listeners have observed this interference will experience significant degradation of service, if not outright loss of service, for as long as W252EL continues to operate within its current parameters,” according to the complaint.
Lakes Media says in the complaint that WLUS has significant listenership in Granville, Durham and Franklin Counties, where interference is now occurring. The complaint to the FCC includes nine listener declarations of interference.
“We are disappointed by Don Curtis’ refusal to consider our multiple requests and incontrovertible evidence that W252EL would unlawfully interfere with WLUS,” Birch said in the statement.
Birch says his station experienced interference previously from another FM translator. It took Lakes Media more than a year to remove interference from Ahori Media’s W252DK in 2016. Ahori eventually turned off the translator.
“We are hopeful that the FCC complaint guidelines introduced in 2019 and the FCC’s knowledge of our 2016 experience will expedite the removal of W252EL’s interference to WLUS in 2024,” he said.
Lakes Media is asking the commission to order First State to cease broadcasting on W252EL immediately until any and all interference to the lawful operation of WLUS ceases.
Radio World’s email to Curtis Media seeking comment was not immediately returned.
Lakes Media also owns WKSK(FM) and WSHV(FM) in South Hill, Va., WHLF(FM) in South Boston, Va., WMPW(FM) and WWDN(FM) Danville, Va.
