Holders of some FM translator applications pending from 2003, as well as those who would like to get one in the future, are facing a new reality.
Some recently granted CPs for FM translators proposed after June 16, 2013 are subject to conditions that say they can be modified or even cancelled as a result of LPFM filings to be made this fall, notes Fletcher Heald & Hildreth.
The conditions apply to those trying to amend their application and are in a mutually exclusive group, according to FHH.
FHH quotes an earlier FCC notice on the topic: “Any construction is at the permittee’s sole risk. LPFM construction permits granted from the October, 2013 window filings may require the permittee to change channels, propose other facility modifications and/or terminate operations with the facilities specified herein. A license will not be granted to cover this construction permit until after the close of the October, 2013 filing window.”
The attorney’s talks with FCC staff on the issue indicate that the agency feels “the likelihood of problems involving translator/LPFM interference is small and such problems should be readily addressable on a case-by-case basis,” according to the lawyers who nevertheless advise anyone counting on an FM translator to cover certain areas to check for this condition on their CP.