Broadcasters Expected to Get Lowered Complaint Minimums in FM Interference Order
The FM translator interference order will require complaint minimums more in line with the 25 requested by NAB than the possible 65 (see 1905010162) that would have been needed from some full-power FM stations to lodge complaints under the draft released in April, industry and FCC officials said in interviews this week.
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Though the draft’s proposed 45 dBu interference contour and waiver process were also targeted by industry lobbying after its release, the complaint minimum is the only aspect of the order expected to change much before Thursday's vote. Though the order received industry pushback, it’s not expected to be controversial among commissioners. Unanimous approval is expected by industry and agency officials.
The draft order “felt like the FCC was trying to protect the translators,” said Beasley Media Chief Technology Officer Mike Cooney. “There are so many sides in this translator debate it’s very difficult to draw lines,” said Wilkinson Barker broadcast attorney David Oxenford. Since an individual broadcaster may own both translators and full-power stations, it “depends on their circumstances” where broadcasters come out on the matter, said Eagle Broadcasting General Manager Gary Exline.
The original draft based the minimum number of complaints required for an FM station to bring a complaint against an interfering FM translator on the population served by the FM station. There was a range of three complaints for small low-power FM stations to a 65-complaint minimum for stations with a population of 6 million or more in their protected service contour.
NAB, Beasley, iHeartMedia and others opposed pegging complaint minimums to population, and NAB said the complaints should be capped at 25. The association’s proposal would amend the chart used to calculate complaint minimums to require FM stations serving 2 million or more to collect valid complaints from at least 25 listeners. The complaint provisions in the final order will resemble NAB’s suggestion, industry and FCC officials said. Cooney said Beasley wanted a further reaching contour and more adjustments to the draft complaint rule but may be able to live with the requirements proposed by NAB.
A 25 minimum still too high, said Press Communications CEO Robert McAllan. Also head of the New Jersey Broadcasters Association, McAllan said the new rules will severely disadvantage radio stations in the state already hurt by proximity to New York and Philadelphia and unfavorable frequency allocations. The additional protections for translators could let them interfere with the propagation of New Jersey’s full-power stations. The NJBA asked the FCC to delay voting on the item, and McAllan said the association has been aggressive in defending the state's broadcasters.
Translator proponents are also concerned about the draft order. Kentucky translator licensee Anderson Associates also sought a delayed vote, in a letter posted in docket 18-119 Tuesday. The 45 dBμ contour “would put into jeopardy the continued, viable service from nine of the ten currently-authorized Louisville market FM translator stations,” the company said.