The long awaited Report and Order on AM Revitalization has been issued by the FCC.
For LPFM stations, the most important part of this order relates to FM translators and the future of the possibility of translators and future growth for LPFM (upgrades to LP-250 and new stations).
The FCC is going to open an opportunity in 2016 for AM stations to be able to take existing FM translators and move them up to 250 miles and change to any channel as a minor change. Normally, a translator can only move to another location that has an overlapping protected contour with their current facility and operates on a the same channel or up to a third-adjacent channel. These translators will have a condition that they must carry the AM station for a period of at least four years. The FCC will provide two gates, first for the lower powered Class C and D AM stations and then after these stations get first dibs, the Class A and B stations will be allowed to also file. Applications will be accepted on a first-come, first-served basis.
In 2017, the FCC will open two windows for new FM translators. These windows will be open for AM licensees and permittees only. Like with the 2016 process, Class C and D stations will get a head start. Unlike previously approved translators (including those moved in the 2016 window), these new translators will be permanently connected as an "adjunct" to the AM station meaning that in the future, the translator can not be split off and sold. The translator can only be sold at the same time the AM station is being sold and to the same owner for the purpose of rebroadcasting the AM station. Mutually exclusive applications will be settled by auction.
The FCC will be enforcing a "one to a customer" rule for the 2016 and 2017 window sets combined. This means that if an AM station applies to move a translator on 2016 under the window opportunity, they will not be able to apply for a new translator in the 2017 window. But overall, between the 2016 and 2017 window sets, an AM station can only pick up one translator.
The FCC is also taking comments in a Further Notice of Proposed Rulemaking to provide additional flexibility for the siting of translators rebroadcasting AM stations. Current rules allow a FM translator carrying an AM station to be placed in the lesser of the AM station's 2 mV/m daytime contour and 25 miles from the AM station. Proposed rules would change it to the greater of the AM station's 2 mV/m daytime contour and 25 miles from the AM station but in no case shall the translator's protected contour extend more than 40 miles from the AM station.
The FCC is also taking comments in a Notice of Inquiry in relation to what to do with the AM extended band. There is also a proposal in the FNPRM to have about a dozen AM licensees turn in either their standard band (540~1600) license or their extended band (1610~1700) license they received during the band expansion many years ago.
The bad news for LPFM
This means that there are no plans for a filing window for new translators for LPFM stations at this time. Of course, LPFM stations can purchase existing licensed translators (at a premium) and would not be eligible to the waiver of the distance proposed for AM stations in 2016.
This also means, especially in urban areas that LPFM stations will have less flexibility for moves. We will talk about what an LPFM station can do to limit the potential damage in just a moment.
The (somewhat) good news for LPFM
Since this will be a closed opportunity where the window is limited to AM applicants only and limited to only one translator per AM facility, we will not see the same land rush we experienced in 2003 with the Great Translator Invasion. This means that there still may be some wiggle room after the windows for your station to be able to grow to LP-250 if the FCC ever accepts either our proposal in RM-11749 or our "Plan B" proposal in comments for RM-11753. Under the original "Plan A", a co-channel distance requirement between a LP-250 and an upper-tier translator would be 5km more than with an LP-100 station. The reality is that some LP-250 opportunities will be taken away but we still do feel that there will be many LP-250 opportunities.
This limited window also means that the translator's "turn" at getting new licenses will be limited to AM stations only. Section 5 of the Local Community Radio Act mandates that the FCC assures that licenses are available for both translators and LPFM based on community need. REC will be pushing for an LPFM filing window in 2019. We feel this is a reasonable amount of time after the FM translator window (which was originally supposed to take place this year) to take place.
What can LPFM stations do now?
The way that translators protect LPFM stations is different than how LPFM protects translators. Translators use the contour overlap formula to an LPFM station's co-channel and first-adjacent channels. For fully licensed LPFM stations, these contours are based on your actual contours. Therefore, if your station is operating and a lower height or reduced power and not operating to its potential, you may have difficulty even upgrading to your full LP-100 potential.
Because the 2016 move opportunity is first-come, first-served, we do not see the possibility of an application freeze however we will very likely see an LPFM application freeze in 2017 for the new translator window.
Please contact REC at 1-844-REC-LPFM or e-mail to lpfm at recnet dot com to consider your options and for filing assistance. We're here to help.
