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Newsletter for Broadcasters
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Translators and LPFMWhen the FCC opened its last filing window for translators, they expected perhaps 1,500 to 2,000 applications. Instead, they received over 18,000 applications, about 12,000 of which were complete enough to remain in the processing line after the initial review. Why the sudden interest in FM translators? Initially, the service rules required that the translator pick up its input signal off the air, either directly from the station being rebroadcast (the "primary station"), or from another translator that was rebroadcasting the primary. Commercial stations are limited to placing translators in locations where the coverage of the translator does not extend the standard FCC coverage contour of the station. And indeed, many applications were filed by commercial station owners to help fill in weak areas in their coverage areas. Some years ago, the translator rules were liberalized to allow delivery of the signal by other means, such as microwave, satellite, or cable TV links. That made it easier for some stations to expand their translator networks, particularly noncommercial stations, which - unlike commercial operators - are allowed to extend their coverage areas through the use of translators. The vast majority of the translator applications were filed by a few groups who often sent in multiple applications for the same communities. Although the organizations who filed these applications appear to be non-profits, there is no requirement that the translators they obtain be operated non-commercially, and so at least one organization is actively pursuing sales of its translator construction permits to commercial stations and other entities. It appears that there may never have been an intent to build, only to take advantage through a careful interpretation of the regulations. What does this have to do with you as a commercial operator? You may discover that you need a translator to cover a community within your coverage area, and the only frequencies available for translators are already taken. It may be that you could buy the construction permit for a translator from one of these organizations. In fact, that would probably be the fastest way for you to get your translator on the air, since there is a freeze on translator applications. It also means that you're much less likely now to encounter LPFM proposals in your area. In many cases, frequencies that would have been available for LPFM use have been claimed by translator operators. In one case in Arizona, a construction permit was granted for a new LPFM station, and some changes in the commercial allocations in the area made their frequency unusable. All other available frequencies were taken by translator proposals, and the LPFM station is to this day without a frequency. A rulemaking currently in progress at the FCC is intended to establish the prioritization between translators and LPFM stations. Currently, it is first come, first served. There is no distinction in priority among commercial fill-in translators, LPFM stations, and translators bringing in signals from far away. This seems to be a contradiction with the FCC's normal policy of promoting localism. Fill-in translators and LPFM are fundamentally local services. A translator bringing in a signal from thousands of miles away is not. It remains to be seen what effect this rulemaking will have on the translator and LPFM services in general, and upon the thousands of applications that are still awaiting approval. But one thing is perfectly clear: If the prioritization stays as is - that is, first come, first served - the LPFM service will have lost thousands of opportunities to create new stations.
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