FCC 90-93 Federal Communications Commission Record 5 FCC Rcd No.7 Other matters Before the Federal Communications Commission Grandfathering criteria for existing translators 119 Washington, D.C. 20554 Revised rule section 123 Administrative matters 124 MM Docket No. 88-140 Appendix A: Commenters In the Matter of Appendix B: Proposed Rule Section Appendix C: Initial Regulatory Flexibility Analysis Amendment of Part 74 of the RM-5416 Commission's Rules Concerning RM-5472 FM Translator Stations INTRODUCTION 1. On March 24, 1988, the Commission adopted a Notice of 1'iquiry (NOl), 3 FCC Rcd 3664 (1988), to study NOTICE OF PROPOSED RULE MAKING the role of FM translators in the radio broadcast service. Therein, we sought comment on all aspects of our general Adopted: March 8, 1990; Released: March 28, 1990 policies regarding FM translators, as well as specific pro- posals for revisions to our rules regarding the authoriza- tion and operation of FM translators. By this By the Commission: Commissioner Duggan not partici- Notice of pating. Proposed Rule Making (Notice), we propose to amend the rules governing the FM translator service based on the comments submitted in response to the NO! and our own analysis of the translator service. TABLE OF CONTENTS We propose to restructure our FM translator rules consistent with the intended purpose of this service, which is to provide Paragraph supplementary service to areas in which direct reception of radio broadcast stations is unsatisfactory due to distance INTRODUCTION 1 or intervening terrain barriers. In particular, we propose to revise and clarify the FM translator rules, including BACKGROUND 2 new rules for: ownership and financial support of translators; methods for selecting among translator ap- DLSCUSSION 6 plications; the definition of 'major change" in translator coverage areas; use of commercial, noncommercial and Service issues auxiliary band frequencies; interference criteria; and tech- nical requirements for translators. Ownership restrictions Coverage area 21 BACKGROUND Financial support 25 2. FM translators are stations that receive the signals of Fundraising by translator 30 FM radio broadcast stations and simultaneously retransmit Local program origination authority those signals on another frequency.' In general, the signal Local service obligations Al of the FM radio broadcast station being rebroadcast2 must ' be received directly over-the-air at the translator site.5 FM Signal delivery 50 translators were first authorized in 197cE' as a means to Use of auxiliary frequencies 54 provide FM service to areas and populations that were Conditional relaying 59 unable to receive satisfactory FM signals due to distance Need requirements for translators 63 or intervening terrain obstructions.5 While the Commis- Method for selecting among applicants sion recognized the benefits of authorizing FM translator 67 service, it also expressed concern regarding the possible Definition of major change 72 competitive impact such translators could have on FM Multiple ownership limits 76 radio broadcast stations and the effect their authorization Cross-service translating 80 could have on the licensing of those stations.6 Thus, the Commission elected to authorize FM translators on a Technical issues secondary basis only and imposed ru1es that restrict their service, ownership, financial support and program origi- Frequencies available to FM translators nation.7 The FM translator rules currently in effect are 84 essentially the same as those adopted in 1970. Maximum output power 87 3. Seven parties submitted petitions for rule making Antennas 99 seeking various, sometimes conflicting changes to our FM Standards for directional antennas 103 translator rules.6 In its petition, the National Association Interference criteria 106 of Broadcasters (NAB) requested the Commission to im- TV channel six interference 114 pose financial support and profit-making restrictions on FM translators to prevent their use by FM radio broadcast stations to expand their service areas. The NAB also asked 2106 5 FCC Red No. 7 Federal Communications Commission Record FCC :9O93 the Commission to tighten the technical rules to prevent 7. After review of the comments submitted in response interference from translators to FM radio broadcast sta- to the NO! and our own analysis of translator matters, we tions. The other petitioners generally sought expansion of tentatively conclude that our existing regulatory structure the current translator service, including program origina- no longer satisfies the intended purposes of the FM tion authority. translator service. We find that there is a need to clarify 4. NAB's petition indicated that there is considerable and tighten several rules in order to ensure that FM radio concern about the adverse impact of FM translators upon broadcast stations are not adversely impacted by translator FM radio broadcast stations under the existing rules, operations. We also have determined that several of our while other petitioners expressed an interest in new and rules can be modified in order to better serve the public. expanded uses of FM translators. In light of the concerns Because of the complexity of this undertaking, this Notice and interests expressed by the petitioners on both sides of examines each of the existing FM translator rules and this matter, we concluded that a broad reexamination of policies separately. Below we describe the current rule or our FM translator regulatory scheme would be timely aid policy, summarize the comments received in response to appropriate. Accordingly, we adopted the NO! to initiate the NO! and set forth our proposal to retain, to modify or a reevaluation of FM translator rules and policies. There- to eliminate the current rule.' in, we sought comment on the appropriate regulatory 8. We believe that the rules proposed here will establish structure for the authorization of FM translator stations. a regulatory framework consistent with our commitment However, at the outset, we emphasized that in undertak- to provide FM radio service through FM radio broadcast ing this reevaluation of the FM translator service, we did stations supplemented by a translator service. We believe not intend to alter our basic approach of authorizing FM that adoption of the proposals discussed below will facili- translators for the purpose of providing service that is tate the delivery of improved radio service to the public supplemental to the service provided by FM radio broad- through the use of FM transtators Parties are requested to cast stations. Within this context, comnienters were asked consider each of our proposals. We also intend to con- to consider whether there is any need to modify our rules sider alternative proposals submitted by cömmenters. Fol- to ensure that translator statiops do not adversely affect lowing our analysis of the comments received in response the operation of FM radio broadcast stations. In the NO!, to this Notice, we will adopt those rules that will best we also stated that we would consider policy options for serve the public interest. expanding FM translator authority to the extent that such policies would be consistent with the secondary nature of this service. SERVICE ISSUES 5. Fifty-six parties filed initial comments in response to the NOT, and 15 parties replied.9 Subsequent to the for- Ownershq, restrictions mal comment period, NAB filed a study of radio listener 9. In authorizing FM translators initially, the Commis- behavior based on data that were not available during the sion was concerned about the potentially adverse impact original comment period. Since we believed that the NAB this service could have if FM radio broadcast stations study included relevant information, we reopened the expand their service areas into other stations' service proceeding to solicit comments on it.10 We received 13 areas.'3 Therefore, the Commission adopted rules restrict- comments and 23 reply comments regarding the NAB ing the ownership of commercial FM translators by the study. FM radio broadcast station being rebroadcast. A licensee of a commercial FM radio broadcast station is prohibited from owning and operating FM translators which intend DISCUSSION to provide service beyond its predicted I mV/rn contour, 6. We continue to believe that the proper role for FM if such service is within the predicted I mVIm contour of translators is that of a secondary service intended to sup- another commercial FM station licensed to a different plement the service of FM radio broadcast stations." community.'4 This means that a commercial FM station Thus, we will continue to adhere to the policy that the licensee may own and operate FM translators serving purpose of FM translators is to provide service in areas in areas within its own predicted 1. mV/rn contour for the which direct reception of radio service is unsatisfactory purpo of filling in signal reception where its signal is due to distance or intervening terrain obstructions. At the impeded by geographic obstruction. In addition, commer- same time, the petitions for rule making regarding cial FM radio broadcast stations may become licensees of. translator matters now before us make this an appropriate translators to serve areas beyond their I mV/rn contour time to reevaluate the existing rules for the authorization where there is no other predicted FM service.'5 and operation of FM translators. In particular, we want to 10. The licensee of an educational (NCE) FM radio examine the existing regulatory structure to determine if broadcast station is not subject to any restrictions regard- it provides the best means for the implementation f our ing the service area of any translators it owns and op- policy goals. On the one hand, we seek to consider erates, if the signal is transmitted over-the-air from the whether the existing regulatory scheme, or another pro- primary station to its translators. A recent Commission viding more stringent regulation, would best serve to en- action amended the signal delivery rules for commonly sure the availability of the optimal amount of quality owned and operated NCE FM translators assigned to the radio service to the public.