FCC OK's FM Translator Interference Order Capping Minimum Complaints at 25
Commissioners unanimously approved an order on FM translator interference Thursday. It includes a proposed 45 dBu interference contour and imposes a population-based minimum number on FM stations seeking to lodge interference complaints, Media Bureau Chief Michelle Carey said. That was expected, (see 1905070064).
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Under the original FCC draft, the largest stations would have been required to submit a minimum of 65 complaints, but the final order caps that minimum at 25, Carey said in response to our question. The final order also allows translators to more freely relocate, clarifies the requirements for a valid complaint, and includes a waiver process for stations seeking to bring interference complaints outside their 45 dBu contours. Every commissioner praised the order for balancing competing interests. “This will provide the regulatory certainty needed to encourage continued investment in translators while protecting full-power stations from interference," said Commissioner Brendan Carr before the vote.
The final order -- released Thursday afternoon -- pegs the population figures used to calculate complaint minimums to the number of people within the full-power station's protected contour. "We base the complaint minimums on an approximate increase of one complaint for every 100,000 people," the order said. That approach won't result in "inordinately large and burdensome complaint minimums for heavily populated areas," the order said. Broadcasters had argued the former requirements for at least 65 complaints from larger stations would disadvantage stations in highly populated areas. NAB, Beasley Media and other radio groups had also sought to change the focus of the population calculation to the area where interference was occurring, but the order doesn't incorporate that proposal. "We believe that using the population of the protected contour, which is well defined by the Rules and is incorporated in available modeling tools, is less burdensome for the parties," the order said.
Commissioner Mike O’Rielly said he successfully pushed for language related to the 90-day timeline for the Media Bureau to act on interference complaints. The changes require the bureau to provide explanations if it goes beyond the timeline, Carey said.
The order provides “the best of both worlds,” for both translators and full-power stations, said Chairman Ajit Pai. It should reduce the number of meritless complaints and is “a win” for the translator community, he said. The item “largely succeeds” in balancing the needs of full powers and translators, said Commissioner Geoffrey Starks. “The FCC deserves credit for endorsing a common-sense compromise for reviewing FM radio listener complaints alleging interference from FM translators,” NAB said.
Some broadcasters have objected to provisions in the final order, and could appeal it either within the FCC or in court, they told us. The interference contour and the complaint minimums are both areas that could cause problems for some full-power broadcasters, said Press Communications CEO Robert McAllan.
Henson Media CEO Ed Henson has concerns about the waiver process, which requires 20 complaints from outside the 45 dBU contour despite the reduced minimums elsewhere in the order. The waivers should be granted only in “special or rare” situations, or they could invalidate the 45 dBu contour, Henson said. The order will provide valuable certainty, and the detailed requirements for complaints will force complaining stations to establish thorough records before lodging complaints, said radio lawyer David O’Neil of Rini O’Neil.