REC supports limited "one-to-a-market" waivers for rural/suburban FM translator applications

In March, when the FCC decided the fate of over 6,000 FM Translator pending applications from the 2003 Auction 83 window, they had two objectives.  First they had to comply with the Local Community Radio Act of 2010 which states that LPFM and FM translator licenses must be available based on community need.  They also needed to address an issue by REC and many others regarding the excessive speculative filing of applications during the Auction 83 window which REC referred to at that time as the "Great Translator Invasion". 

To address the issues with the LCRA, the FCC developed the concept of "channel floors" and grids which turned into spectrum limited and available markets as well as LPFM protected channel/points. 

To address the issues with trafficking, the FCC imposed a nationwide cap of 50 applications nationwide as well as a cap of 1 application per Arbiron Metro Market. 

In this past week, the FCC has received several petitions for reconisderation. 

One petition came from Educational Media Foundation, an organization with 494 applications still pending in this application.  EMF expressed frustration over the 50-cap especially considering the previous memorandum of agreement between EMF and Prometheus Radio Project that suggested a diferent filing process in lieu of the 10-cap, a process that was later invalidated with the passage of the LCRA.  Also in their petition, EMF wanted clarification from the Commission of the boundaries where one to a market would apply. 

In addition, several petitions were filed by organizations representing faith-based, public radio and commercial interests asking for some relief from the the "one-to-a-market' rule, considering the size many markets.

One of the petitions was filed jointly by Hope Christian Church of Marlton, New Jersey-based Bridgelight, LLC and New York-based Calvary Chapel of the Finger Lakes.  All three of these petitioners have less than 50 applications still pending in the window.  They have requested a waiver to the "one-to-the-market" rule for translators with the following conditions:

• The 60 dBu service contours of two pending translators from the same applicant can not overlap.
• The translator will protect LPFM opportunities both within the grid and at the transmitter site.
• The construction permit includes a stipulation that the permit/license can not be transferred/assigned for a 4-year period from the time the station begins operation.

Arbitron Metro Markets reach well beyond the urbanized city limits of a certain large community but usually also includes adjacent counties without much regard for terrain and coverage.  For example, the Los Angeles market includes the Antelope Valley area, a significant population center but terrain shielded from many Los Angeles area radio stations.  For Calvary Chapel Finger Lakes, they have applications for translators in the Rochester market but the location is approximately 35 miles away from the city center but because of the county the transmitters would be in, it's still considered the metro market. 

In our comments last summer regarding channel floors, we expressed a similar concern.  In our case, we were concerned about "hyphenated" markets or in other words, Arbitron markets that cover more than one significant population center that are not necessarily connected other than in the eyes of Arbitron. 

In a filing to the FCC on Thursday, REC has filed a partial opposition to the petitions for reconsideration. 

REC will support the ability for FM translators to seek waivers with both the conditions that were proposed by Hope Christian Church and three conditions that are being proposed by REC:

• The 60 dBu service contour can not overlap the areas that were designated by the FCC as areas where LP250 service would not be permitted.  This includes:
  • 30km around the city centers of markets 1 through 20.
  • 20km around the city centers of spectrum limited markets 21 through 50.
  • 10km around the city centers of spectrum limtied markets 51 through 100.
• For a 4-year period, the translator must rebroadcast a commonly-owned primary station and must be the main analog audio carrier of that AM or FM station.
• All applications processed under this waiver are still subject to the 50-cap.

For those translators that are currently not short spaced of LPFM protected channel/points, they are showing as "active" in our databases and thus are considered in channel searches. While one-to-a-market will provide some beneifts for LPFM by potentially opening more LPFM opportunities, LPFM will not lose any opportunities under this proposal as what must protect LPFM channel/points today, must protect LPFM channel/points tomorrow.

REC's proposed conditions address the issues related to trafficking.  By imposing a restriction on location away from the major spectrum limited markets, we are assuring that translators obtained through waiver program are truly for suburban and rural areas.  The primary station restriction proposed  by REC assures that the station will not be leased out to another organization for a profit such as EMF's practice of leasing translators to Clear Channel and CBS to operate as "fill-in" stations but are really playing original HD2 programming on analog frequencies.  REC also proposes a restriction that requires the translator to broadcast the main analog audio carrier of the commonly-owned primary AM or FM station.  Finally, we wanted to make sure that if the FCC gives waivers for "one-to-a-market", that it does not mean that the "50-cap" rule is also going to be waived. 

REC still supports the 50-cap as the best way to "stop the bleeding" of excessive filing.  6 applicants have over 100 pending applications and overall, 18 applicants have filed over half of the remaining pending applications.  Those 18 applicants currently have more than 50 pending applications.

For the signers of the "Hope Petition", the REC proposed process would grant:

• Hope Christian Church: 9 waivers (6 in the outskirts of Philadelphia and 3 in Atlantic City along the shore).
• Bridgelight, LLC: 4 waivers in the New York market (one in New Jersey and 3 in eastern Long Island).
• Calvary Chapel Finger Lakes: 2 waivers (Niagara Falls and in rural Genesee County).

We feel that our proposed process will protect LPFM in the urban and rural areas, address the issues of trafficking and add programming diversity to suburban and rural areas with a mix of local and regional voices. We feel that it strikes the right balance.

A copy of our reponse can be found here.