Statement of REC Networks: Prometheus et al withdrawal of 7 more informal objections
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Prometheus et al has withdrawn their informal objection against 7 more translator applications. REC calls upon Prometheus et al for now to withdraw their objections on all translators that were originally licensed prior to January 29, 2016. These are translators that are either (1) predate the Auction 83 filing window in 2003, (2) are Auction 83 translators that were originally licensed prior to the Fourth Report and Order in MM Docket 99-25 and MB Docket 07-172 adopted March 19, 2012 and (3) translators originally licensed prior to the opening of the "250-mile" move window on January 29, 2016 and was able to demonstrate in the wake of the Fourth Report and Order did not preclude LPFM channel points or otherwise was not required to file a preclusion study.
Section 5 of the LCRA only addresses "new" translator licenses and not modifications to existing facilities (including long moves). Those in (1) and (2) were originally licensed before the LCRA rules were implemented. Those in (3) went thorugh scrutiny in 2012 to 2016.
We also call on Prometheus et al to withdraw objections against 250 mile move, Auction 99 and 100 applications that are located more than 39 km from the 30x30 grid around a top-150 media market as these translators were never subject to scrutiny in the past.
With that, we will have remaining the translators that could have any kind of potential of restricting future LPFM opportunities in spectrum limited markets. Further evaluation of those facilities (including the subsequent long form proposals of auction winners) should be conducted to properly determine if the translator proposal violates Section 5.
The FCC apparently violated the law in this case, but we need to make sure that those applicants that would not subject to a Section 5 evaluation should be cut loose and allowed to continue through the process.
REC reminds the entire LPFM constituency including those who aspire to be LPFM broadcasters in the future, the Prometheus et al objections could cause delays on the potential of a LP-250 upgrade and can even delay another filing window for new LPFM stations (for which ground rules, including Section 5 implementation would have to be discussed).
Even better, withdraw all of the objections and let's deal with this in rulemaking or declaratory ruling.