What Should the FCC Consider in an NCE Translator Window?
The FCC has released the details of its proposed noncom educational band (88.1–91.9 FM) translator filing window, of which its commissioners will hold a vote to open a public notice on Feb. 18.
But are there other considerations it should make before proceeding?
Consulting engineer Edward (Ted) Schober is getting his opinion in early and he has laid out a detailed list of items he said the commission should consider that he filed in prior to a comment period that would come if the commission, as expected, approves the notice.
Schober felt his framework would enhance both the public interest and equitable distribution of authorizations.
Under the current plan the FCC has put forth, an eligible applicant for new FM translator construction permits for noncom educational stations in the reserved band would have to be a licensee or permittee of an existing NCE FM or noncommercial AM radio broadcast station or LPFM. Any proposed translator would rebroadcast the primary channel.
The FCC proposes a limit of 10 applications nationally for each applicant.
For LPFMs, however, the limits are lower. According to the proposal, a Tribal LPFM would be limited to four translator applications, while all other LPFMs would be limited to two translator applications.
Schober believes the commission’s effort is laudable in that the proposal seeks to avoid the landslide of applications for FM translators distant from the primary station.
(Read Edward Schober’s comments filed to the FCC.)
But he asked the FCC to consider other options that he felt would guarantee the public interest is served, its staff is not overwhelmed and the applications to be granted are equitably reviewed.
A fair count
Schober’s first suggestion is that if an applicant has existing FM translator licenses, either in the NCE band or the non-reserved band, the total count of existing translators should be included in the translator cap for this window. That would, naturally, render some licensees ineligible.
In addition, he said that when a licensee entity has a majority of its board or other governing body also serving as the majority of another licensee, both or all the entities should be considered as a single entity.
Schober also proposed that if an applicant wished to surrender one or more existing FM translator authorizations, conditioned on a grant of a translator authorization in this new window, the entity should be permitted one additional translator application for each translator license or LPFM license surrendered.
He told the FCC he believes applicants should be prohibited from transferring existing translators or the primary station to a different party in order to increase the number of NCE FM translator applications eligible to file in this window.
Schober, who has been providing engineering counsel for hundreds of commercial and noncommercial AM, FM and translator stations for the past 45 years, said since LPFM stations are designed to provide service to a specific local area, and not provide wide area coverage, perhaps there should be limitations to their translator ambitions.
For example, he said that a translator should be denied if its proposed 60 dBu coverage extended more than approximately 30 miles from the LPFM’s own 60 dBu contour, with the exception of Tribal and public safety entities.
Tiebreakers
Observers have wondered if the FCC might modify its existing rules to consider mutually exclusive applications, or where two or more applications can’t be granted.
Schober had several suggestions in such scenarios for NCE translator applications.
- When mutually exclusive applications are tendered, the distance from the FM translator’s 60 dBu contour to the primary station’s 60 dbBV contour (up to approximately 30 miles, with zero distance most preferable) should be the primary tiebreaker between the applications.
- If a noncom full-power station or an LPFM station F(50,50) 60 dBu or AM 2 mV/m contour serves only a portion of an urbanized area, and a proposed new NCE FM translator’s F(50,50) 60 dBu contour serves a portion, or all, of that same urbanized area, the distance between service contours should be considered zero — or given higher priority.
- Mutually exclusive applications with greater distance than 30 miles between the proposed and primary station contours should be withheld until all the more local applications are granted, then the remaining applicants given an opportunity to amend.
- Fill-in translator applications should be evaluated as having zero distance between primary and translator contours, provided that at least half of the fill in translator’s F(50,50) 60 dBu contour is shown to have primary station service of less than 70 dBu contour using the Longley-Rice model.
The commission could assign whatever weight it chooses to assign to fill in FM translators that will carry HD-2, HD-3 or HD-4 programming of the primary station, Schober wrote.
Special cases
Schober proposed that Tribal entities and public safety should be permitted any number of NCE FM translators whose 60 dBu contour remain at least 90% within their reservation or area of jurisdiction, provided they have no other NCE FM translator applications that are outside the physical area of jurisdiction or responsibility.
Applicants for new FM translators within the window should be exempt from the cap if all the applications, and the principal community of the primary station are within the same minor insular outlying area, provided the applicant has no applications outside that minor outlying area. That includes applications in the USVI, Guam, Northern Mariana Islands and American Samoa.
For the purpose of greatest frequency utilization and efficiency, he said that waivers should be granted to authorize NCE FM translators co-channel to the primary station, or to other co-channel NCE FM translator applications repeating the same primary station, provided that the F(50,10) 54 dBu of the new NCE FM translator remains within the F(50,10) 40 dBu contour of the primary station.
These should be conditioned that all other stations are fully protected, and proven FM synchronization methods must be used, Schober wrote.
“The nature of noncommercial educational FM stations does not entail the competitive issues that are raised with commercial broadcast stations, so there is no controversy concerning the expansion of the service contour of NCE FM stations,” he wrote in the proposal.
The commission has already said it will not accept applications for major modifications to existing NCE reserved band translators.
If the FCC adopts the proposal at its Feb. 18 meeting, a comment period will commence once the notice is printed in the Federal Register.
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