BEFORE THE FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554
) In the Matter of: ) ) Creation of a Low Power Radio Service ) MB Docket No. 99-25 ) )
To: The Commission
COMMENTS OF NRC BROADCASTING, INC.
NRC Broadcasting, Inc. (“NRC”) hereby submits these Comments in response to the
Commission’s Further Notice of Proposed Rulemaking in the above-captioned proceeding.1
NRC is the licensee of several Colorado broadcast radio stations, including a number of FM translator stations.2 NRC’s experience demonstrates the valuable role that translators play in
permitting full-power FM stations to serve their local communities of license and their service
areas, particularly in areas with unusual terrain. NRC is concerned, however, with the proposals
to alter the Commission’s LPFM rules in a manner that would adversely affect broadcasters’
ability to use translators as a critical component of broadcasters’ efforts to serve the public interest. Accordingly, NRC urges the Commission to retain its existing rules, which properly balance the interests of FM and LPFM broadcasting interests.
1 Creation of a Low Power Radio Service, Second Order on Reconsideration and Further Notice of Proposed Rulemaking, FCC 05-75, MM Docket No. 99-25 (Mar. 17, 2005) (“FNPRM”). 2 NRC is the licensee of the following stations located in Colorado: KNFO(FM), Basalt, Colorado; KSPN-FM, Aspen, Colorado; KFMU-FM, Oak Creek, Colorado; KTUN(FM), Eagle, Colorado; KRMR(FM), Hayden, Colorado; KSKE-FM, Vail, Colorado; KIDN-FM, Hayden, Colorado; KKCH(FM), Glenwood Springs, Colorado; KSMT(FM), Breckenridge, Colorado; K288BQ, Steamboat Springs, Colorado; K237CB, Eagle, Colorado; K237BL, Vail, Colorado; K237BH, Aspen, Colorado; K257CS, Dillon, Colorado; K222AJ, Vail, Colorado; K238AB, Steamboat Springs, Colorado; and K274AG, Dillon, Colorado. Discussion
I. FM TRANSLATORS PLAY A VITAL ROLE IN ENSURING THAT LOCAL COMMUNITIES RECEIVE BROADCAST SERVICE
FM translators permit FM licensees to fulfill their public interest mandate by ensuring that full-power stations are able to reach their entire service areas, particularly in areas of irregular terrain. Through the use of translators, FM licensees are able to provide service to
“areas in which direct reception of signals from FM broadcast stations is unsatisfactory due to distance or intervening terrain obstructions.”3 Any proposal that would give an LPFM station the ability to displace an existing translator, or to preclude the construction of new translators, would disserve the public interest and harm the public’s ability to receive local news and information.
In mountainous regions, translators play a particularly important role, offering a critical vehicle with which broadcasters can reach listeners who would otherwise not be able to receive local full-power FM stations. NRC’s stations serve the mountainous areas of central Colorado
(Dillon, Breckenridge, Vail, Avon, Eagle, Gypsum, Glenwood Springs, Rifle, Carbondale,
Aspen, Craig, Meeker and Steamboat Springs), where the majority of the population lives in valleys, beneath the reach of signals of NRC’s main transmitters. In many of NRC’s markets, there is terrain shielding from three sides (e.g. Steamboat Springs – population 9,390, Vail – population 4,603 and Glenwood Springs – population 8,333, to name only a few). Without the use of translators, vast portions of the service areas of NRC’s stations would not be able to receive service because of this intervening mountainous terrain. For example, the communities of Gypsum, Colorado (population of 4,553, located 4 miles from the transmitter site NRC station
3 See Amendment of the Commission’s Rules Concerning FM Translator Stations, 5 FCC Rcd 7212 at ¶ 48 (1990).
2 KTUN, Eagle, Colorado) and Frisco, Colorado (population of 2,490, located 6 miles from the
transmitter site of NRC station KSMT, Breckenridge, Colorado) receive service only because translators are available to relay the signal of their local NRC main stations.
The use of translators in this fashion is entirely consistent with the Commission’s
localism objectives. Indeed, broadcasters’ use of FM translators necessarily serves localism; as
commercial broadcasters’ use of translators is limited to the service area of that broadcasters’
primary station. Further, NRC strongly believes that fill-in translators are superior to LPFM
stations in serving their local communities. LPFM stations will rarely, if ever, have access to the
news and information gathering capabilities of local full-power stations. NRC, as a full-power
commercial operation, has the resources to provide significant information that serves the needs
of its entire service area. Each NRC station provides timely and essential information by
reporting on news, traffic, weather, and natural disasters (including storms, forest fires,
avalanches, and road closures), participating in the EAS and Amber Alert programs, and
providing other services vital to life in the mountains. Much of NRC’s efforts would be for
naught, however, in the absence of FM translators.
II. NRC HAS UTILIZED FM TRANSLATORS TO FACILITATE PROGRAMMING THAT IS ESSENTIAL TO COLORADO RESIDENTS
In NRC’s view, local radio has two missions: to entertain and, more importantly, to
inform. In small rural communities, timely and accurate information is vital. Free local radio is
the best medium for transmitting this information to local residents, and the only way to ensure
the integrity of this medium in NRC’s service area is through the use of translator facilities. Each
NRC station has proven its value to its local community on numerous occasions by relying, in large part, on the availability of fill-in translator service. A few examples follow:
3 • Salvation Army of the Vail Valley. Each year NRC supports this program with stations
KSKE, KTUN and KKCH via on-air interviews, public service announcements and
involvement in community events. This program raises money for families who are faced
with serious financial disasters. The stations help the organization raise money for short
term housing, clothing, food baskets, toys and clothing. KTUN and KKCH can only serve
listeners in Vail via translators due to terrain shielding.
• Water Wise Wednesday. The region in which NRC’s stations operate is presently
experiencing precipitation levels that are 30% below the 30-year average. Every
Wednesday, NRC dedicates 30 minutes of programming to discussions about the
conservation of water through its Avon studio. This water conservation program is
conducted jointly with the Eagle River Water District. The majority of the towns in the
Water District (Vail, Avon, Eagle and Gypsum) are served via translators.
• Issues Today. Every Sunday morning the stations air programming in NRC’s respective
communities discussing a myriad of topics ranging from drug & alcohol abuse/counseling,
fire prevention, water conservation, public/private land easements, wildlife issues, etc.
NRC’s translators help assure that such programming can be heard by as many residents
as possible.
• Regional Issues. NRC’s stations constantly work with regional governments to provide
information regarding local town hall meetings that take place in a different community
each evening (Aspen on Monday, Glenwood Springs on Tuesday, Eagle on Wednesday,
etc.). The most recent focus of these meetings was fire prevention, which is particularly
relevant in NRC’s heavily forested region due to the dry winter. The use of translators is
the only way many residents can hear this information over the air.
4 • Specific Events.
o February 18, 2005 - Through the cooperation of media and law enforcement, a
serial rapist from Denver was arrested in Glenwood Springs, Colorado (trying to
flee authorities). His arrest was credited to information local citizens received via
local broadcast stations that was relayed to local law enforcement.
o March 29th, 2001 - A twin engine Gulfstream III flying from California was
preparing to land in Aspen. Visibility was poor that night, due to a severe snow
squall, and the private jet struck Shale Bluffs and broke apart, scattering debris on
HWY 82, the major artery into town. As a result, the highway had to be closed for
the night. NRC’s stations, including its translators, kept residents fully informed with
frequent on-air updates regarding the situation.
o June 8th, 2002 - A major wildfire flared up in Glenwood Springs. The fire started
from an underground burning coal seam that had been ablaze for 100 years. A spark
managed to escape into some tinder dry brush and quickly ignited the blaze, which
was nurtured by a summer of drought. Approximately 500 homes and 100
commercial properties were immediately threatened as strong winds blew the blaze
towards populated areas. NRC’s stations immediately provided listeners with nearly
around the clock information regarding the dangerous situation. The blaze continued
to burn for approximately one week and NRC kept listeners abreast of any changes
in the direction and the progress being made by federal, state and local firefighters, as
well as all local volunteer efforts aiding those affected by the fire. Many of NRC’s
listeners were able to learn of the progress of the fire, and threats to their home and
businesses, from NRC’s translators.
5 o August 1st, 2002 – A construction crew in Missouri Heights was sawing rebar when
sparks flew into nearby tinder dry brush. The fire rapidly spread to 1,000 acres,
destroying a number of homes. It was the early afternoon and many of the residents
who live in the area were at their workplace or traveling to and from Aspen. Radio
was the fastest medium to bring mandatory evacuation orders to the public. The
stations’ and translators’ listeners obviously had many questions and concerns, and
NRC was able to get personnel on site to relay instructions to provide up to the
minute information to the public.
o October 31st, 2003 – A tree fell onto a power line on a dry hillside, causing a fire.
Sustained drought conditions fueled the fire which quickly grew to approximately 25
acres in size. The blaze was easily visible from HWY 82 and caused a great deal of
concern among residents, particularly in light of the recent Storm King, Coal Seam
and Panorama fires. This particular blaze was not an immediate threat to any homes,
however, and the stations were able to ease listener’s concerns by notifying listeners
that the fire was being contained and was not a threat. o November 25th, 2004 - A major rock slide in the Glenwood Canyon on I-70 closed
the primary route to the Western United States for nearly 30 hours. Local radio
was immediately on the air with messages advising listeners to avoid travel
through Glenwood Canyon. Rock slides such as the one that occurred are
common occurrences in NRC’s listening area. While there are no early
indications that a slide is imminent, it is imperative that when one does occur that
the stations and translators are able to immediately provide information to the
commuters across the high country.
6 As these examples demonstrate, NRC’s stations continuously go to great lengths to keep
listeners informed of incidents that directly affect their safety. The weather that dominates the
Rocky Mountain region is volatile and commuters and residents are impacted nearly year round.
Sudden snow storms, avalanches and fires can appear virtually from nowhere, threatening the
safety of local residents. NRC’s stations are also the first line for school closings, as there is
only a small local television presence anywhere between Denver and Grand Junction, Colorado.
Only through its translators can NRC be certain that its safety and informational alerts reach all
of its listening audience.
III. THE COMMISSION SHOULD NOT ALTER ITS LPFM RULES IN ANY WAY THAT WOULD UNDERMINE THE AVAILABILITY OF FILL-IN TRANSLATOR SERVICE
Recognizing the many public interests benefits of translators like those operated by NRC,
the Commission has sought to protect translators from harmful interference. Notably, when it
established the LPFM service, the Commission declared that it would not “compromise the
integrity of the FM spectrum” and would only create an LPFM service if doing so would not
“cause unacceptable interference to existing radio service,” including the use of FM translators.4
The Commission declared that it would “authorize low power radio stations throughout the FM band, where the stations will fit,”5 a clear indication that LPFM service was meant to
supplement, rather than displace, existing operations. The Commission’s technical rules
reflected the Commission’s desire to balance its “vital interest in maintaining the technical
integrity of existing radio services” against its mere “desire” to create an LPFM service.6
Accordingly, the Commission required LPFM stations to protect both existing and new FM and
4 Creation of a Low Power Radio Service, Report and Order, 15 FCC Rcd 2205 at ¶ 6 (2000). 5 Id. at ¶ 58 (emphasis added). 6 Id. at ¶ 62.
7 FM translator stations from harmful interference, a condition which ensured a local community’s
access to the programming of full-power stations while facilitating the supplemental benefits of
LPFM operations where possible.7
The Commission should take no action to alter these rules, which directly serve the
public interest, particularly in the absence of any showing that the rules have frustrated the
objectives expressed by the Commission when it established the LPFM service. In the FNPRM,
the Commission expresses some concern that the overwhelming volume of FM translator
applications may have a “preclusive impact on future LPFM licensing opportunities[.]”8
However, the Commission does not, and cannot, demonstrate that the demand for FM translators has actually had any adverse impact on the availability of LPFM licenses. As the Commission concedes, “it is impossible to determine the precise extent to which the 2003 window-filed FM translator applications have impacted the potential licensing of new LPFM stations.”9
Moreover, any speculative benefits that might stem from conferring “primary” status upon LPFM licensees are greatly outweighed by the undeniable harm that such action would cause to broadcasters’ ability to fully serve their local communities and the larger public interest.
In the FNPRM, the Commission has recognized that “translator-based delivery of broadcast programming is an important objective” and that “FM translators provide important aural services to unserved and underserved areas.”10 These benefits have become even more
pronounced in recent years; if nothing else, the overwhelming demand for FM translators attests
to the degree to which they serve the public interest. The large volume of FM translator
7 Id. at ¶¶ 62-67. 8 FNPRM at ¶ 31. 9 Id. 10 Id. at ¶ 32.
8 applications demonstrates that the Commission actually underestimated the public interest
benefits that stem from the use of translators. The reason that there is such an overwhelming
demand for new translators is because applicants know that these translators will have a built-in
audience, as they provide service that is not otherwise available. For the same reason, these
translators clearly serve the public interest. The Commission should not now prejudice the use
of FM translators simply because they have proven even more attractive and beneficial than the
Commission originally anticipated. Likewise, the Commission should not make any value
judgment that the unproven service that may be provided by new LPFMs will outweigh the
proven public interest benefits of the translator service.
It is also important to note that translators solve many technical challenges and business
problems for stations that operate in mountainous terrain. As boosters operate on the same
channel as their primary station, eliminating of interference between the primary station and the
booster is extremely difficult in certain communities. In some cases, feeding the booster would
require multiple STL hops to get the feeder signal over a mountain range. This is particularly
true in mountainous areas, where signals are reflected and affected by the mountainous terrain,
making the coordination of boosters and a main station often an extremely difficult procedure
that can actually disrupt, rather than increase, service. In such an environment on-channel
boosters simply are not an acceptable replacement for translators which rebroadcast on a
different channel.
Finally, the construction of new boosters would create additional hardships for
broadcasters like NRC’s due to the extensive equipment required to be purchased for each facility where we would need to add a booster. KTUN-FM, licensed to Eagle, Colorado serves the Vail community via a translators. The capital required to build a new booster for that
9 community (assuming a one hop STL and not including new on-going operational costs) would
be $62,228.50 for a synchronized booster, inclusive of Harris Interplex (for synchroning with the main signal), new yagi antennas, new STL’s and booster transmitter. By way of comparison a translator at the same ERP as the booster referenced above would cost $8,393.50. Clearly, any
substitute would be many orders of magnitude more expensive, harming the mountain station’s
ability to reach throughout its service area, and disrupting long-established patterns of listening.
Conclusion
For the foregoing reasons, NRC urges the Commission to retain its existing rules,
requiring LPFM licensees to fully protect both existing and new FM stations and FM translators
from harmful interference.
Respectfully submitted,
NRC BROADCASTING, INC.
By: /s/ a David D. Oxenford Paul A. Cicelski Jarrett S. Taubman*
*Admitted in N.Y. Not admitted in D.C. Supervised by Members of the D.C. Bar.
PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, N.W. Washington, D.C. 20037 202-663-8000 Dated: August 16, 2005
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