Before the FEDERAL COMMUNICATIONS COMMISSION Washington DC 20554 In the Matter of: ) ) Petition for Rulemaking of the ) RM-11338 National Association of Broadcasters ) To Permit AM Radio Stations’ use of ) FM Translators ) Comments of Mark D. Humphrey The NAB’s recent proposal to allow the programming of AM stations to be carried on “fill-in” FM translators is long overdue. For decades, licensees of AM Class D stations have tried – with very limited success -- to increase their operating hours and improve quality of service to their communities. With very few exceptions, the only available legal options have been pre- and post-sunset authority or night operation at severely-reduced power. In most cases, these “solutions” have proven impractical or ineffective; stations which have attempted them must accept high levels of nighttime interference which will become even worse if round-the-clock IBOC digital operation is approved. “Class C” AM stations also face heavy co-channel interference at night, and there are many “Class B” stations whose nighttime directional patterns prevent service to large portions of their local markets. NAB’s proposal finally offers a sensible answer to AM stations in these situations. The technical advantages of FM are so well-known and accepted by the public that there is no need to discuss them further. Although I don’t currently own an AM station, please consider some reasons why I support this petition: First, I’ll share the viewpoint of a “consumer” – one who depends on radio for timely local information. Chester County, Pennsylvania, in which I reside, has a population of nearly 500,000 persons, but it has never been granted a commercial FM allotment. Aside from two student-operated educational facilities -- 100 watt WCUR at West Chester University, and 3 watt WWLU at Lincoln University – county residents rely on three AM stations for local news and other content. On many occasions, I’ve wanted to listen to one of these stations after dark – perhaps to learn the outcome of a local election or to determine if severe weather is likely -- but their signals cannot be received here in northern Chester County at night. WPHE 690 Phoenixville and WCHE 1520 West Chester are Class D “daytimers” and have never been granted nighttime operating authority. The third, WCOJ 1420 Coatesville, must switch to a directional pattern after local sunset which greatly impairs its nighttime coverage to the northeast. These AM stations would improve service to me and my neighbors if their locally-focused programming were available full time on FM translators. I should point out that much of northern Chester County falls within the Limerick Emergency Planning Zone, defined as a ten-mile radius around the Limerick nuclear power plant. In case of emergency, a network of sirens will be activated, providing a signal for residents to listen to their “local broadcast station” for specific details and possible evacuation instructions. However, due to the lack of full-time local broadcast service, emergency planners have been forced to delegate this responsibility to two Philadelphia FM stations about 30 miles away. If local AM broadcasters – here and nationwide -- could operate fulltime FM translators, their ability to warn the public of nuclear incidents -- as well as severe weather, hazardous chemical releases, and other civil emergencies -- would be greatly enhanced. If there is a “downside” to this proposal, it is that demand for new FM translators in heavily-populated regions will likely exceed the supply of open channels. I urge the Commission to explore the use of 76 - 88 MHz (TV Channels 5 and 6) as an expanded FM band after analog TV stations relinquish that spectrum. I am professionally familiar with both AM stations and FM translators, having worked in the field of broadcast engineering for over 30 years. If the NAB’s petition is adopted, I look forward to serving broadcasters in the planning and construction of these translator facilities. Respectfully submitted, Mark D. Humphrey, CPBE PO Box 307 Exton, PA 19341 Dated: August 24, 2006.