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LPFM vs. FM Translator...Who Has the Right of Way? by Kai Aiyetoro August, 2003 Here’s a scenario: LPFM applicant LTV Corporation is awaiting approval from the FCC to construct a 100-watt station at 99.5 FM in Wainscott, NY. Right down the road in Easthampton, the Monroe Board of Education applies for three translators, one at 99.5 and the others at 100.3 and 105.7 FM. In the meantime, there’s another co-channel invader coming from New London, CT. I consulted with a couple of engineers. “As far as FCC rules are concerned, translator applications must protect all LPFM applications, construction permits and licensed stations,” states Dr. Radio of Haertig & Associates. On February 6, 2003, the FCC announced the opening of an auction filing window for FM translator station construction permit applications. The filing window opened on March 10 and closed on March 14, 2003. This window was available for the non-reserved band [channels 221 to 300]. Since many LPFM applicants acquired construction permits in the non-reserved band, there is concern that approval of some of these translators may encroach on LPFM frequencies. Approximately 13,000 translator applications were received by the FCC during this window. Many churches (including the Calvary Chapels in various states) submitted applications. There were also applications from a few Public Radio groups, universities, and individuals. On June 30, 2003, the FCC released a public notice listing translator applications, called “Non-Mutually Exclusive FM Translator Applications Not Subject to Auction.” LPFM applicants and stations must be aware of these filings. The first process for translator applicants was to file a “short form” applications; the second process is to file a “long form” no later than August 29, 2003. After the long form applications are filed, the FCC will issue Public Notices that the applications have been “accepted for filing”. These Public Notices, entitled “Broadcast Applications,” will trigger a 15 day period during which any “Petition to Deny” must be filed. This means you have 15 days after the broadcast applications are made public to submit petitions to deny any translator application that encroach on your LPFM signal. Given the short period of time to file a Petition to Deny, here
are some things you should do now to protect your LPFM frequency: An allocation study must be conducted to determine the validity of any interference. In the LTV Corporation scenario, “the New London application is too distant over water to any concern at all,” says Don Mussell, consulting engineer of Bonny Doone, CA. Although their application may be protected from encroaching translator applications out of Easthampton, NY and New London, CT, there are other factprs to contend with; for example, their application is co-channel at 99.5 to WBAI in New York City. This is a very complicated process, and deserves lots of attention if you want to protect your LPFM application. Here are the resources that were used to write this article for your reference. RECENT LPFM Encroachment Report (http://www.recnet.com/lpfminfo/encroach.htm),
FCC Rule Part 74 Sec 1204 Protection of FM broadcast, FM Translator
and LP100 stations: Note to paragraph (a): LP100 stations, to the purposes of determining overlap pursuant to this paragraph, LPFM applications and permits that have not yet been licensed must be considered as operating with the maximum permitted facilities. All LPFM stations must be protected on the basis of a non-directional antenna. Translator Long form: FCC Form 349 due August 29, 2003 Kai Aiyetoro
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