The Great Translator Invasion (Auction 83)

Submitted by Michi Eyre on Sun, 09/21/2008 - 23:35

Updated 2/2011 - With the passing of the Local Community Radio Act, there has been some significant movement in the controversy over the Auction 83 (Great Translator Invasion). An organization representing commercial broadcasters has filed a proposal that would allow translator applications to be released if they can make a showing that an LPFM station can be placed in the service area of the translator. In the past, Prometheus Radio Project and Educational Media Foundation (K-Love/Air 1) have reached an agreement that would allow LPFM applicants to file "on top of" translator applications and any remaining space would go to the translators.

REC introduced a complete plan that would

  • Clean the record of defective applications,
  • Remove speculators from the window,
  • Remove applications at the same site on multiple channels.

    The plan would then call for all translator applications to be dismissed unless they have 70% of their service contour based on population where at least two properly spaced LP-100 channels would be available.

    REC Comments on Auction 83 Applications

    In March 2003, the FCC opened a filing window for new FM translator stations operating in the non-reserved band (92-108 MHz). This window was open to both commercial and non-commercial applicants therefore it was an auction window.

    Possibly motiviated by a petition filed by Calvary Chapel of Twin Falls, Inc. to allow satellite fed translators in the non-reserved band (RM-10609), thousands of allegedly speculative applications were filed by two commonly-owned organizations. These applications were originally filed requesting to repeat commercial stations on their short form applications and then were changed to non-commercial stations on their long form applications thus excluding them from filing fees.

    what has angered those in the community radio movement is not just the fact that they filed so many applications, but that they are now starting to sell these unbuilt construction permits. So far, this organization has booked over $800,000 in revnue and the FCC has approved over $300,000 worth.

    In response to requests from the community radio movement, the FCC has imposed a freeze on the grant of new translator construction permits. That freeze has lapsed and the various community radio movement groups are requesting that this freeze be extended to any organization that has filed more than 10 applications and extend the freeze to include the assignment and transfer of construction permits.

    The FCC is looking at changing the rules on how an LPFM is required to protect a translator including the overall dismissal of all ungranted translator applications. REC does not support the dismissal of all translator applications as some of these will provide needed services to local broadcasters.

    REC has proposed that all translators that were in service before the Great Translator Invasion that are "local translators" should be eligible for protection from LPFM stations. In addition, translators filed during the Great Translator Invasion window that are commonly owned by the primary station and fully within the service contour of the primary station would be subject to protection as these are "fill-in" translators.

    Translators subject to displacement are those with a ultimate primary station that is in a different state at at least 450 km away from the translator. These translators are not able to provide a local service to its listeners and therefore an LPFM should be allowed to displace these stations if there is no way to accommodate both the LPFM station and the translator.