FCC Web Documents citing 74.1203

as compiled by hallikainen.com/FccRules on 2012 07 01

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-95-412A1.pdf
  • fixed station shall have a current copy of Parts 73 and 74 of the Com mission's Rules. In cases where aeronautical hazard mark ing of antennas is required, such licensee shall also have a current copy of Part 17 of this chapter. Each licensee is expected to be familiar with the pertinent rules governing instructional television fixed stations. 38. Section 74.1203 is amended by revising paragraph (e) to read as follows: §74.1203 Interference. ***** (e) It shall be the responsibility of the licensee of an FM translator or FM booster station to correct any condition of interference which results from the radiation of radio fre quency energy by its equipment on any frequency outside the assigned channel. Upon notice by the
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  • The FM Allotment priorities are (1) First full-time aural service. (2) Second full-time aural service. (3) First local service. (4) Other public interest matters. [Co-equal weight is given to given to priorities (2) and (3)], See Revision of FM Assignment Policies and Procedures, 90 FCC2d 88, 91 (1988). See Kingston, New York, 17 FCC Rcd 14326 (2002). 47 CFR §§ 74.1203 (translators), 73.512(d) (Class D stations). Stations WSNJ-AM and WNJB(FM) will remain in Bridgeton. Petitioners show that as of 1990, 22% of residents work in the community, and in the intervening years, more businesses have developed in the community to provide employment opportunities for residents. (Factor 1). The community has its own local daily paper, a monthly publication, and two websites.
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  • 9, 1997). Claremore, Locust Grove and Nowata, Oklahoma, and Barling, Arkansas, 4 FCC Rcd 2181 (1989); see also Beaumont and Big Bear Lake, California, 4 FCC Rcd 7505 (MMB 1989). Amendment of the Commission's Rules Concerning FM Translator Stations, 5 FCC Rcd 7212 (1990); Creation of a Low Power Radio Service, 14 FCC Rcd 2471 (1991). See 47 C.F.R § 74.1203 and 47 C.F.R. § 73.512(d). 47 C.F.R. § 73.207. See Liberty, New York, 8 FCC Rcd 4085 (MMB 1993). See Amendments of Parts 73 and 74 of the Commission's Rules to Permit Certain Changes in Broadcast Facilities Without a Construction Permit, 12 FCC Rcd 12371, 12402 (1999). The reference coordinates for the Channel 226C3 allotment at Gladstone, Oregon, are 45-32-27
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  • 9, 1997). Claremore, Locust Grove and Nowata, Oklahoma, and Barling, Arkansas, 4 FCC Rcd 2181 (1989); see also Beaumont and Big Bear Lake, California, 4 FCC Rcd 7505 (MMB 1989). Amendment of the Commission's Rules Concerning FM Translator Stations, 5 FCC Rcd 7212 (1990); Creation of a Low Power Radio Service, 14 FCC Rcd 2471 (1991). See 47 C.F.R § 74.1203 and 47 C.F.R. § 73.512(d). 47 C.F.R. § 73.207. See Liberty, New York, 8 FCC Rcd 4085 (MMB 1993). See Amendments of Parts 73 and 74 of the Commission's Rules to Permit Certain Changes in Broadcast Facilities Without a Construction Permit, 12 FCC Rcd 12371, 12402 (1999). The reference coordinates for the Channel 226C3 allotment at Gladstone, Oregon, are 45-32-27
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  • to ``extend'' KLIT(FM)'s protected service contour in this case. For this reason, Amaturo has not established in its Petition for Reconsideration that the staff erred in processing or granting the Application. In this regard, we note that, the Commission's rules regarding FM translator stations restrict such stations to operate strictly on a secondary basis and limit their permissible service. Section 74.1203(a)(3) states that an FM translator station will not be permitted to continue to operate if it causes any actual radio signal interference to the direct reception by the public of the off-the-air signals of any authorized broadcast station. Actual interference is based on listener complaints indicating that the signal that the complainant regularly receives is being impaired by the signal
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  • that ICRC's statements fail to raise a substantial and material question regarding Indy Lico, Inc.'s qualifications to be a licensee and are otherwise not material to the resolution of this proceeding. FM translators are secondary services and will not be permitted to continue operation if they cause any interference to broadcast stations, which are primary services. See 47 C.F.R. § 74.1203(a). See Implementation of BC Docket 80-90 To Increase the Availability of FM Broadcast Assignments, Memorandum Opinion and Order, 5 FCC Rcd 931, 931 n. 5 (1990). See 47 C.F.R. § 74.1233(a)(1). See generally, 47 C.F.R. § 74.1201(a). See, e.g., Broken Arrow and Bixby, Oklahoma, Memorandum Opinion and Order, 3 FCC Rcd 6507, 6511 (MMB 1988); Springdale, Arkansas, Carthage et al.,
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  • Channel 6 interference problems) (``Siloam Springs''). The nonreserved FM band consists of FM Channels 221 to 300. See 47 C.F.R. § 73.202(a). The nonreserved FM band can be used by both NCE and commercial stations. 21 FCC Rcd at 1151. See Willows and Dunnigan, California, Memorandum Opinion and Order, 15 FCC Rcd 23852, 23856-57 (MMB 2000); and 47 C.F.R. § 74.1203 (as a secondary service, FM translators are not entitled to any protection from full-power FM stations). 5 U.S.C. §553(b). WLIX-LP is licensed to Pine Barrens Broadcasting, Inc., which is not related to Monroe. See 47 C.F.R. § 1.106(b). NPRM, 18 FCC Rcd at 2391, Appendix. Specifically, SHU claims that Monroe's two Connecticut translators can remain on Channel 233 without violating
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  • As a preliminary matter, Kanza misconstrues a number of basic FM translator licensing rules and policies. Once authorized, Section 74.1204 is irrelevant to the operation of a translator station. Thus, at any time following grant of the December 2007 Modification Application, Kanza was free to construct and commence operations on Channel 223. It would have been required, pursuant to Section 74.1203(a), to cease Station operations only if the Station caused actual interference to the Cimarron station. Dozens of FM translators operate in just this manner, on second-adjacent channels within the 60 dBu contours of nearby full-service stations. The exercise of the Commission's Section 312(g) discretion is not warranted here. Station K225AG was voluntarily taken off the air more than two years
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  • the underlying permit, but rather, at 105 and 50 feet height AGL, as specified in the Cornell License Application. Commission records, however, erroneously listed the licensed antenna height as 118 feet AGL. See Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations (Dundee and Odessa, NY), Report and Order, 22 FCC Rcd 13734 (MB 2007). See 47 C.F.R. § 74.1203. See File No. BMPFT-20080910AAI. We note that this application proposed one composite antenna consisting of two Scala HDCA-5 antennas linked together to create a composite directional pattern mounted in the same plane but on separate orientations at a radiation center AGL of 118 feet. Id. at Exhibit 12.2 (vertical antenna plan illustration). Opposition at 15. Because we dismissed the license
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  • 1.80(b)(4), note to paragraph (b)(4), Section I. A broadcast station requires an authorization from the Commission to operate. See 47 U.S.C. § 301. 47 U.S.C. § 503(b)(2)(D); see also Forfeiture Policy Statement, 12 FCC Rcd at 17100; 47 C.F.R. § 1.80(b)(4). Fm Translator stations are ``secondary'' services, which generally ``primary'' stations are not required to protect. See 47 C.F.R § 74.1203. See, e.g., Kane County Special Service District # 1, Forfeiture Order, 25 FCC Rcd 3550, 3552 (MB 2010) ($500 forfeiture imposed for late-filing and unauthorized operation of FM Translator station where a license renewal application was filed nearly two years after the station's license had expired). 47 U.S.C. § 309(k). 47 U.S.C. § 309(k)(1). The renewal standard was amended to
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  • 1.80(b)(4), note to paragraph (b)(4), Section I. A broadcast station requires an authorization from the Commission to operate. See 47 U.S.C. § 301. 47 U.S.C. § 503(b)(2)(D); see also Forfeiture Policy Statement, 12 FCC Rcd at 17100; 47 C.F.R. § 1.80(b)(4). FM Translator stations are ``secondary'' services, which generally ``primary'' stations are not required to protect. See 47 C.F.R. § 74.1203. See, e.g., Kane County Special Service District # 1, Forfeiture Order, 25 FCC Rcd 3550, 3552 (MB 2010) ($500 forfeiture imposed for late-filing and unauthorized operation of FM Translator station where a license renewal application was filed nearly two years after the station's license had expired). 47 U.S.C. § 309(k). 47 U.S.C. § 309(k)(1). The renewal standard was amended to
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  • identified 28 complaints from listeners in the area of Ypsilanti, Belleville and Taylor, Michigan. These listeners complained of recent difficulties receiving WIOT(FM) at their homes and in the nearby areas while driving. On July 27, 2011, staff sent an interference letter to RPI providing the station thirty days to resolve all 28 complaints of interference or suspend operation immediately. Section 74.1203 states that if interference can not be properly eliminated by suitable techniques, the operation of the translator shall be suspended. RPI's Report on its efforts to resolve the complaints is voluminous. It includes details of RPI's correspondence with the 28 original complainants, along with many pages of testimonials from supporters of W284BQ. RPI also indicates that, on July 25, it
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  • of the discussion above, we find that neither Greater Boston, Cox, nor Citadel has raised a substantial and material question of fact calling for further inquiry regarding whether grant of the Application will further the public interest, convenience, and necessity. We will therefore deny the Greater Boston Petition and the Cox and Citadel Informal Objections. We note, however, that Section 74.1203(a) of the Rules states that, should the translator commence operation and cause actual interference to WKLO-FM, WPLR(FM), or WSKO-FM (now WEAN(FM)) or any other full-service station, the translator will be required to eliminate the interference or cease operation. Additionally, we have evaluated the Application and find that it complies with all pertinent statutory and regulatory requirements and that its grant
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-263413A1.pdf
  • Stay filed 5/19/05 by ("Kimtron") Reply to Consolidated Opposition to Petition for Reconsideration and Motion for Stay filed 5/19/05 by ("Kimtron") Request for Expedited Consideration and Supplement to Reply to Consolidated Opposition to Petition for Reconsideration and Motion for Stay filed 6/8/05 by ("Kimtron") Supplement to Petition for Reconsideration and Request for Immediate Cancellation of CP for Unresolved Vioations of 74.1203 of Commission's Rules filed 9/6/05 by ("Kimtron") Second Supplement to Petition for Reconsideration and Request for Immediate Cancellation of CP filed 10/24/04 by ("Kimtrom") Reply to Second Supplement and Opposition filed 11/4/05 by ("Jacobs") Further Reply to Second Supplement and Opposition filed 11/16/05 by ("Jacobs") Petition for Reconsideration Dismissed as moot 1/23/2006 Page 9 of 17 Broadcast Applications 1/26/2006 PUBLIC
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  • December 27, 2006, in response to a complaint of interference to the Federal Aviation Administration's localizer channel operating on a center frequency of 111.9 MHz, agents of the Enforcement Bureau's Denver Office, using mobile direction finding techniques, located the source of interference to be radio station K220IM located at Fort Morgan, Colorado, and observed the following violation: 47 C.F.R. § 74.1203(e): "It shall be the responsibility of the licensee of an FM translator or FM booster station to correct any condition of interference which results from the radiation of radio frequency energy by its equipment on any frequency outside the assigned channel. Upon notice by the Commission to the station licensee that such interference is being caused, the operation of the
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  • Office, Western Region, Enforcement Bureau: This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Vincent Shiflet, licensee of radio station K272ED in Kennewick, Washington. On December 22, 2010, an agent of the Enforcement Bureau's Seattle Office monitored radio station K272ED located in Kennewick, Washington, and observed the following violation: 47 C.F.R. § 74.1203(e): It shall be the responsibility of the licensee of an FM translator or FM booster station to correct any condition of interference which results from the radiation of radio frequency energy by its equipment on any frequency outside the assigned channel. At the time of the investigation, K272ED, which is authorized for 102.300 MHz, was emitting spurious emissions on 118.625
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  • Colorado Springs, Inc. (``ECCI''), license of FM Translator Station K292FM, licensed to Denver, Colorado. On September 11, 2011, in response to a complaint from the FAA regarding interference to its operation on 118.9 MHz, an agent of the Enforcement Bureau's Denver Office monitored radio station K292FM located atop Lookout Mountain in Golden, Colorado, and observed the following violation: 47 C.F.R. §74.1203(e): ``It shall be the responsibility of the licensee of an FM translator or FM booster station to correct any condition of interference which results from the radiation of radio frequency energy by its equipment on any frequency outside the assigned channel. Upon notice by the Commission to the station licensee that such interference is being caused, the operation of the
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  • forth in Appendix D. This information was provided by National Public Radio and the International Association of Audio Information Services. See Appendix D to Rappaport study. Black Petition at 1. Report and Order, 15 FCC Rcd at 2206, ¶ 2, at 2209, ¶ 6, at 2230, ¶¶ 62-63, at 2282, ¶ 198. Amherst Alliance Petition at 7. 47 C.F.R. § 74.1203(a)(3). On reconsideration, we are expanding this protection to include the community of license of commercial FM stations and the community of license of NCE FM stations provided that community is within the station's 60 dBu contour. See ¶ 52. ``In most cases, these standards will be met through the use of certified equipment without need for further adjustment by the
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  • reasons stated below, we deny Lotus' Application for Review and dismiss the Motion for Stay as moot. 2. Background. The gravamen of Lotus' Petition to Deny was that the then-proposed FM booster station would interfere with second-adjacent channel station KXPT(FM) and with KVEG(FM), Mesquite, Nevada, the primary station whose signal KVEG-FM1 proposes to retransmit, in violation of 47 C.F.R. § 74.1203. However, 47 C.F.R. § 74.1203 prohibits actual, not predicted, signal interference. As the Staff Decision noted, since KVEG-FM1 was not currently operating and therefore not causing interference to either KXPT(FM) or KVEG(FM), 47 C.F.R. § 74.1203 was inapplicable. The Staff Decision further stated that if KVEG-FM1, in fact, caused actual interference to the direct reception of any broadcast station, the
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  • the area of predicted interference was industrialized, indicating the potential for interference to listeners who may be present in the area. On reconsideration, LWM submitted photographs, one of which clearly showed smokestacks associated with industrial buildings in the area. The staff considered these photographs as evidence of potential radio listeners within the area of predicted interference. 5 47 C.F.R. §§ 74.1203, 74.1204. 6 47 C.F.R. § 74.1204(d). 7 Although LWM used the term "centroid," we refer to "internal point," a term that is defined and used by the Census Bureau as a set of geographic coordinates (latitude and longitude) located within a statistical geographic entity defined by the Census Bureau. A single internal point is identified for each census block, the
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  • that interference ``will result.'' 14. K211DK License Application. Allegation of interference to mobile listeners. Finally, in response to the Bureau's observation that ``[s]hould operation of [the proposed translator station] cause actual interference to the direct reception of KCRW(FM)'s direct off-the-air input signal, [Association] will then be required to remedy an such actual interference or cease operation in accordance with Section 74.1203,'' KCRW(FM)'s Chief Engineer Steven P. Herbert ``drove the Translator Station's signal and observed reception of both KCEW and the Translator Station.'' The route and results of this trip are set forth in Attachment 3 of the Application for Review. Mr. Herbert indicates that he made the observations from approximately 8:30 to 9:30 p.m. on November 27, 2001, in a 1984
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  • this context, second- and third-adjacent channel interference is predicted to occur only where the ``undesired'' FM translator signal is at least 40 dB stronger than the ``desired'' signal. Thus, interference will never be predicted to occur if a low power FM translator is co-located with a second- or third-adjacent channel full service station operating at a higher authorized power. Section 74.1203(d) states that ``interference'' will be considered to occur ``whenever reception of a regularly used signal is impaired by the signals radiated by the FM translator . . . regardless of the quality of such reception, the strength of the signal so used, or the channel on which the protected signal is transmitted.'' x { h, w x 47 C.F.R. §
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  • defects. We believe that the more complex contour methodology would create even more processing problems. In addition, the choice of a distance separation methodology was critically important in the Audio Division's development of the extremely accessible and successful LPFM channel finder tool utility. An equally important policy consideration is that an integral part of the more flexible translator rules, Section 74.1203(a) of the Commission's rules, would be wholly inappropriate for the LPFM service. Under this rule, an FM translator may not cause any actual interference to any authorized broadcast station. This rule is a necessary complement to the more flexible translator contour rule, essentially shifting to translator applicants, permittees, and licensees the risk that a translator must go off the air
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  • See also Amendment of Part 74 of the Commission's Rules Concerning FM Translator Stations, Report and Order, 5 FCC Rcd 7212 (1990) (``Translator R&0''), recon. denied and clarified, Memorandum Opinion and Order, 8 FCC Rcd 5093 (1993) (tightening and clarifying a number of translator rules in order to return the service to its original secondary role). See 47 C.F.R. §§ 74.1203(a) and 74.1235. The signals of the primary station may not be altered significantly in any way except for frequency and amplitude. See 47 C.F.R. § 74.1201(a). See 47 C.F.R. § 74.1263(b). See 47 C.F.R. § 74.1231(f) and (g). The Media Bureau has granted rule waivers to allow FM translators to rebroadcast AM station signals in 11 cases. The Bureau may
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  • use the D/U signal strength ratio methodology to establish the area of predicted interference and to demonstrate the ``lack of population'' within this area to satisfy the requirements under Section 74.1204(d) of the Rules. However, the FM translator technical rules include a second and essential requirement: the inflexible obligation to resolve all bona fide actual interference complaints pursuant to Section 74.1203(a) of the Rules. A translator station that cannot resolve all complaints must suspend operations. The two Rules operate in tandem. The flexibility of Section 74.1204(d) of the Rules is backstopped by the permanent Section 74.1203(a) secondary service obligation to resolve actual interference complaints. We tentatively conclude that the licensing of LPFM stations pursuant to the standards of Section 74.1204 of
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  • are incorrect in claiming that the Reinstatement Order impermissibly ``amended'' Section 74.1204(d) in violation of the APA. The permissive guidance and clarification in the Reinstatement Order are consistent with the flexibility inherent in Section 74.1204(d), the Commission's rejection of an ``explicit standard'' in the Translator Order, and the protection provided to other broadcast stations against translator station interference by Section 74.1203 of the Rules. As the D.C. Circuit has held, an agency action does not become a rule amendment ``merely because it supplies crisper and more detailed lines than the authority being interpreted.'' CONCLUSION Petitioners have not substantiated their contention that U/D analysis is inherently defective or that it has been repudiated by the Commission as a reliable means of determining
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  • See 47 C.F.R. § 74.1201(g). Id. See also Amendment of Part 74 of the Commission's Rules Concerning FM Translator Stations, Report and Order, 5 FCC Rcd 7212 (1990), recon. denied and clarified, 8 FCC Rcd 5093 (1993) (tightening and clarifying a number of translator rules in order to return the service to its original secondary role). See 47 C.F.R. §§ 74.1203(a) and 74.1235. The signals of the primary station may not be altered significantly in any way except for frequency and amplitude. See 47 C.F.R. § 74.1201(a). See 47 C.F.R. § 74.1263(b). See 47 C.F.R. § 74.1231(f) and (g). NPRM, 22 FCC Rcd at 15893. . . In 1981, when the Commission had first declined to allow cross-service translators, the Commission
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  • the rules, though, Congress has opted to impose broader remediation obligations, which are set forth in Section 7 of the LCRA. Specifically, Section 7 sets forth the following requirements: Section 7(1) of the LCRA requires the Commission to adopt ``the same interference protections that FM translator stations and FM booster stations are required to provide as set forth in Section 74.1203 of [the] rules.'' These obligations apply to LPFM stations that would be considered short-spaced under the existing third-adjacent channel spacing requirements (``Section 7(1) Stations''). Section 7(2) requires that a new LPFM station ``constructed on a third-adjacent channel'' must ``broadcast periodic announcements'' that alert listeners that any interference they are experiencing could be the result of the station's operations and that
• http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98117.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98117.wp
  • be exceedingly small.117 Accordingly, we believe that second- and third- Federal Communications Commission FCC 98-117 118 There is no present "actual interference" standard in the rules governing Class D stations. Rather, interference is determined based on predicted contour overlap. See 47 C.F.R. § 73.509(b). An "actual interference" standard is applied to FM translator and booster stations. See id. at § 74.1203. 119 We would allow Class D licensees to obtain such consent not only for the channel they are currently operating on but for any NCE FM channel or Channel 200. 120 Cf. 47 C.F.R. § 73.512(d). 121 See 47 U.S.C. § 312(g) (station license expires at the end of consecutive 12-month period of silence). 122 Second Report and Order, 44
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00349.pdf
  • LPFM stations are only required to protect subsequently authorized full service FM stations if interference is created within the full service station's 28 Black Petition at 1. 29 Report and Order, 15 FCC Rcd at 2206, ¶ 2, at 2209, ¶ 6, at 2230, ¶¶ 62-63, at 2282, ¶ 198. 30 Amherst Alliance Petition at 7. 31 47 C.F.R. § 74.1203(a)(3). Federal Communications Commission FCC 00-349 14 70 dBu principal community contour.32 The Commission's decision permitting LPFM stations to continue operation if overlap occurs in an FM station's service area outside its 70 dBu contour was an attempt to balance the service needs of full service stations with the need for stability in the LPFM service. FM translators provide full service
• http://transition.fcc.gov/eb/Public_Notices/da001683.doc http://transition.fcc.gov/eb/Public_Notices/da001683.html
  • violations: 47 C.F.R. §§ 73.1800 (General Requirements Related to the Station Log) and 73.1870 (Chief Operators). Tampa, FL District Office (6/20/00). 47 C.F.R. Part 74 - Experimental Radio, Auxiliary, Special Broadcast and Other Program Distributional Services 47 C.F.R. § 74. 561 - Frequency Tolerance Clamor Broadcasting Network (WKVN-FM), Levittown, PR. San Juan, PR Resident Agent Office (6/3/00). 47 C.F.R. § 74.1203 - Interference Entercom Longview License LLC, KRQT-FM1, Longview, WA. Portland, OR Resident Agent Office (6/6/00). 47 C.F.R. Part 76 - Multichannel Video and Cable Television Service 47 C.F.R. § 76.301 - Copies of Rules Charter Communications, Burlington, CO. Other violations: 47 C.F.R. §§ 76.302 (Must-Carry Recordkeeping), 76.305 (Records to be Maintained Locally By Cable System Operators for Public Inspection), 76.605
• http://transition.fcc.gov/fcc-bin/audio/DA-07-2882A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-07-2882A1.pdf
  • that ICRC's statements fail to raise a substantial and material question regarding Indy Lico, Inc.'s qualifications to be a licensee and are otherwise not material to the resolution of this proceeding. FM translators are secondary services and will not be permitted to continue operation if they cause any interference to broadcast stations, which are primary services. See 47 C.F.R. § 74.1203(a). See Implementation of BC Docket 80-90 To Increase the Availability of FM Broadcast Assignments, Memorandum Opinion and Order, 5 FCC Rcd 931, 931 n. 5 (1990). See 47 C.F.R. § 74.1233(a)(1). See generally, 47 C.F.R. § 74.1201(a). See, e.g., Broken Arrow and Bixby, Oklahoma, Memorandum Opinion and Order, 3 FCC Rcd 6507, 6511 (MMB 1988); Springdale, Arkansas, Carthage et al.,
• http://transition.fcc.gov/fcc-bin/audio/DA-08-1956A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-08-1956A1.pdf
  • Channel 6 interference problems) (``Siloam Springs''). The nonreserved FM band consists of FM Channels 221 to 300. See 47 C.F.R. § 73.202(a). The nonreserved FM band can be used by both NCE and commercial stations. 21 FCC Rcd at 1151. See Willows and Dunnigan, California, Memorandum Opinion and Order, 15 FCC Rcd 23852, 23856-57 (MMB 2000); and 47 C.F.R. § 74.1203 (as a secondary service, FM translators are not entitled to any protection from full-power FM stations). 5 U.S.C. §553(b). WLIX-LP is licensed to Pine Barrens Broadcasting, Inc., which is not related to Monroe. See 47 C.F.R. § 1.106(b). NPRM, 18 FCC Rcd at 2391, Appendix. Specifically, SHU claims that Monroe's two Connecticut translators can remain on Channel 233 without violating
• http://transition.fcc.gov/fcc-bin/audio/FCC-12-28A1.doc http://transition.fcc.gov/fcc-bin/audio/FCC-12-28A1.pdf
  • the rules, though, Congress has opted to impose broader remediation obligations, which are set forth in Section 7 of the LCRA. Specifically, Section 7 sets forth the following requirements: Section 7(1) of the LCRA requires the Commission to adopt ``the same interference protections that FM translator stations and FM booster stations are required to provide as set forth in Section 74.1203 of [the] rules.'' These obligations apply to LPFM stations that would be considered short-spaced under the existing third-adjacent channel spacing requirements (``Section 7(1) Stations''). Section 7(2) requires that a new LPFM station ``constructed on a third-adjacent channel'' must ``broadcast periodic announcements'' that alert listeners that any interference they are experiencing could be the result of the station's operations and that
• http://transition.fcc.gov/fcc-bin/audio/FCC-95-412A1.pdf
  • fixed station shall have a current copy of Parts 73 and 74 of the Com mission's Rules. In cases where aeronautical hazard mark ing of antennas is required, such licensee shall also have a current copy of Part 17 of this chapter. Each licensee is expected to be familiar with the pertinent rules governing instructional television fixed stations. 38. Section 74.1203 is amended by revising paragraph (e) to read as follows: §74.1203 Interference. ***** (e) It shall be the responsibility of the licensee of an FM translator or FM booster station to correct any condition of interference which results from the radiation of radio fre quency energy by its equipment on any frequency outside the assigned channel. Upon notice by the
• http://transition.fcc.gov/fcc-bin/audio/part74rule.html
  • a rule section. Related pages on the FCC Internet site may be listed to the right of the rule title, enclosed in brackets [ ]. [45]Subpart L -- FM Broadcast Translator Stations and FM Broadcast Booster Stations Subpart L -- FM Broadcast Translator Stations and FM Broadcast Booster Stations [46]TEXT [47]PDF 74.1201 Definitions [48]TEXT [49]PDF 74.1202 Frequency Assignment [50]TEXT [51]PDF 74.1203 Interference [52]TEXT [53]PDF 74.1204 Protection of FM broadcast, FM Translator and LP100 stations [54]TEXT [55]PDF 74.1205 Protection of TV Channel 6 broadcast applications [56]TEXT [57]PDF 74.1231 Purpose and permissible service [58]TEXT [59]PDF 74.1232 Eligibility and licensing requirements [60]TEXT [61]PDF 74.1233 Processing FM translator and booster station applications [62]TEXT [63]PDF 74.1234 Unattended operation [64]TEXT [65]PDF 74.1235 Power limitations and antenna systems
• http://transition.fcc.gov/mb/audio/bickel/part74rule.html
  • a rule section. Related pages on the FCC Internet site may be listed to the right of the rule title, enclosed in brackets [ ]. [45]Subpart L -- FM Broadcast Translator Stations and FM Broadcast Booster Stations Subpart L -- FM Broadcast Translator Stations and FM Broadcast Booster Stations [46]TEXT [47]PDF 74.1201 Definitions [48]TEXT [49]PDF 74.1202 Frequency Assignment [50]TEXT [51]PDF 74.1203 Interference [52]TEXT [53]PDF 74.1204 Protection of FM broadcast, FM Translator and LP100 stations [54]TEXT [55]PDF 74.1205 Protection of TV Channel 6 broadcast applications [56]TEXT [57]PDF 74.1231 Purpose and permissible service [58]TEXT [59]PDF 74.1232 Eligibility and licensing requirements [60]TEXT [61]PDF 74.1233 Processing FM translator and booster station applications [62]TEXT [63]PDF 74.1234 Unattended operation [64]TEXT [65]PDF 74.1235 Power limitations and antenna systems
• http://wireless.fcc.gov/auctions/25/releases/fc980194.pdf http://wireless.fcc.gov/auctions/25/releases/fc980194.txt http://wireless.fcc.gov/auctions/25/releases/fc980194.wp
  • and television translators. See 47 C.F.R. § 73.3572(a)(2). 40 displacement by a full service television licensee. See 47 C.F.R. §§ 73.3572(a); 74.703(b). Similarly, an FM 102 translator station will not be permitted to continue to operate if it causes interference to any authorized broadcast station, even if the translator licensee received its license by competitive bidding. See 47 C.F.R. § 74.1203(a) & (b). A few commenters complain that auctioning secondary services is unfair or inequitable. However, 103 104 the fact that mutual exclusivity among secondary broadcast applicants will in the future be resolved by competitive bidding cannot, in our opinion, provide sufficient grounds to alter the basic character of any of the secondary services. See 47 U.S.C. § 309(j)(6)(D) (nothing in
• http://wireless.fcc.gov/auctions/25/releases/fc990074.pdf http://wireless.fcc.gov/auctions/25/releases/fc990074.txt http://wireless.fcc.gov/auctions/25/releases/fc990074.wp
  • and television and FM translator services would not be altered by the awarding of construction permits for these services by auction (see 13 FCC Rcd at 15961), and, thus, an auction winner in these services may Federal Communications Commission FCC 99-74 See 47 C.F.R. §§ 73.3572(a); 74.703(b) (rules establishing secondary status of LPTV and television translators); 96 47 C.F.R. §§ 74.1203(a) & (b); 74.1204(f); 74.1232(h) (rules concerning secondary status of FM translators). With regard to the secondary status of LPTV stations only, the Commission has requested comment on a petition for rulemaking proposing a new "Class A" television service for which certain LPTV stations could qualify. See Public Notice, Petition for Rulemaking for "Class A" TV Service (rel. April 21, 1998).
• http://wireless.fcc.gov/auctions/28/releases/fc980194.pdf http://wireless.fcc.gov/auctions/28/releases/fc980194.txt http://wireless.fcc.gov/auctions/28/releases/fc980194.wp
  • and television translators. See 47 C.F.R. § 73.3572(a)(2). 40 displacement by a full service television licensee. See 47 C.F.R. §§ 73.3572(a); 74.703(b). Similarly, an FM 102 translator station will not be permitted to continue to operate if it causes interference to any authorized broadcast station, even if the translator licensee received its license by competitive bidding. See 47 C.F.R. § 74.1203(a) & (b). A few commenters complain that auctioning secondary services is unfair or inequitable. However, 103 104 the fact that mutual exclusivity among secondary broadcast applicants will in the future be resolved by competitive bidding cannot, in our opinion, provide sufficient grounds to alter the basic character of any of the secondary services. See 47 U.S.C. § 309(j)(6)(D) (nothing in
• http://wireless.fcc.gov/auctions/28/releases/fc990074.pdf http://wireless.fcc.gov/auctions/28/releases/fc990074.txt http://wireless.fcc.gov/auctions/28/releases/fc990074.wp
  • and television and FM translator services would not be altered by the awarding of construction permits for these services by auction (see 13 FCC Rcd at 15961), and, thus, an auction winner in these services may Federal Communications Commission FCC 99-74 See 47 C.F.R. §§ 73.3572(a); 74.703(b) (rules establishing secondary status of LPTV and television translators); 96 47 C.F.R. §§ 74.1203(a) & (b); 74.1204(f); 74.1232(h) (rules concerning secondary status of FM translators). With regard to the secondary status of LPTV stations only, the Commission has requested comment on a petition for rulemaking proposing a new "Class A" television service for which certain LPTV stations could qualify. See Public Notice, Petition for Rulemaking for "Class A" TV Service (rel. April 21, 1998).
• http://wireless.fcc.gov/auctions/32/releases/fc990074.pdf http://wireless.fcc.gov/auctions/32/releases/fc990074.txt http://wireless.fcc.gov/auctions/32/releases/fc990074.wp
  • and television and FM translator services would not be altered by the awarding of construction permits for these services by auction (see 13 FCC Rcd at 15961), and, thus, an auction winner in these services may Federal Communications Commission FCC 99-74 See 47 C.F.R. §§ 73.3572(a); 74.703(b) (rules establishing secondary status of LPTV and television translators); 96 47 C.F.R. §§ 74.1203(a) & (b); 74.1204(f); 74.1232(h) (rules concerning secondary status of FM translators). With regard to the secondary status of LPTV stations only, the Commission has requested comment on a petition for rulemaking proposing a new "Class A" television service for which certain LPTV stations could qualify. See Public Notice, Petition for Rulemaking for "Class A" TV Service (rel. April 21, 1998).
• http://wireless.fcc.gov/auctions/default.htm?job=auction_factsheet&id=28
  • full power television stations from interference and will be subject to displacement by a full service television licensee. (See 47 C.F.R. 73.3572a and 74.703b) An FM translator station will not be permitted to continue to operate if it causes interference to any authorized broadcast station, even if the translator licensee received its license by competitive bidding. (See 47 C.F.R section 74.1203a & b). License Period A winning bidder is awarded a construction permit, rather than a "license." A winning bidder is required, within a specified time period, to construct its facilities and file an application for a "license to cover construction permit" to obtain a license for the constructed facilities. (See 47 C.F.R. 73.3598) Licenses are issued for an eight-year term.
• http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da001683.doc http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/da001683.html
  • violations: 47 C.F.R. §§ 73.1800 (General Requirements Related to the Station Log) and 73.1870 (Chief Operators). Tampa, FL District Office (6/20/00). 47 C.F.R. Part 74 - Experimental Radio, Auxiliary, Special Broadcast and Other Program Distributional Services 47 C.F.R. § 74. 561 - Frequency Tolerance Clamor Broadcasting Network (WKVN-FM), Levittown, PR. San Juan, PR Resident Agent Office (6/3/00). 47 C.F.R. § 74.1203 - Interference Entercom Longview License LLC, KRQT-FM1, Longview, WA. Portland, OR Resident Agent Office (6/6/00). 47 C.F.R. Part 76 - Multichannel Video and Cable Television Service 47 C.F.R. § 76.301 - Copies of Rules Charter Communications, Burlington, CO. Other violations: 47 C.F.R. §§ 76.302 (Must-Carry Recordkeeping), 76.305 (Records to be Maintained Locally By Cable System Operators for Public Inspection), 76.605
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98117.pdf http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98117.txt http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98117.wp
  • be exceedingly small.117 Accordingly, we believe that second- and third- Federal Communications Commission FCC 98-117 118 There is no present "actual interference" standard in the rules governing Class D stations. Rather, interference is determined based on predicted contour overlap. See 47 C.F.R. § 73.509(b). An "actual interference" standard is applied to FM translator and booster stations. See id. at § 74.1203. 119 We would allow Class D licensees to obtain such consent not only for the channel they are currently operating on but for any NCE FM channel or Channel 200. 120 Cf. 47 C.F.R. § 73.512(d). 121 See 47 U.S.C. § 312(g) (station license expires at the end of consecutive 12-month period of silence). 122 Second Report and Order, 44
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00349.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00349.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00349.txt
  • forth in Appendix D. This information was provided by National Public Radio and the International Association of Audio Information Services. See Appendix D to Rappaport study. Black Petition at 1. Report and Order, 15 FCC Rcd at 2206, ¶ 2, at 2209, ¶ 6, at 2230, ¶¶ 62-63, at 2282, ¶ 198. Amherst Alliance Petition at 7. 47 C.F.R. § 74.1203(a)(3). On reconsideration, we are expanding this protection to include the community of license of commercial FM stations and the community of license of NCE FM stations provided that community is within the station's 60 dBu contour. See ¶ 52. ``In most cases, these standards will be met through the use of certified equipment without need for further adjustment by the
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-270813A1.html
  • 27, 2006, in response to a complaint of interference to the Federal Aviation Administration's localizer channel operating on a center frequency of 111.9 MHz, agents of the Enforcement Bureau's Denver Office, using mobile direction finding techniques, located the source of interference to be radio station K220IM located at Fort Morgan, Colorado, and observed the following violation: a. 47 C.F.R. S 74.1203(e): "It shall be the responsibility of the licensee of an FM translator or FM booster station to correct any condition of interference which results from the radiation of radio frequency energy by its equipment on any frequency outside the assigned channel. Upon notice by the Commission to the station licensee that such interference is being caused, the operation of the
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-304629A1.html
  • Enforcement Bureau: 1. This is a Notice of Violation ("Notice") issued pursuant to Section 1.89 of the Commission's Rules, to Vincent Shiflet, licensee of radio station K272ED in Kennewick, Washington. 2. On December 22, 2010, an agent of the Enforcement Bureau's Seattle Office monitored radio station K272ED located in Kennewick, Washington, and observed the following violation: a. 47 C.F.R. S: 74.1203(e): It shall be the responsibility of the licensee of an FM translator or FM booster station to correct any condition of interference which results from the radiation of radio frequency energy by its equipment on any frequency outside the assigned channel. At the time of the investigation, K272ED, which is authorized for 102.300 MHz, was emitting spurious emissions on 118.625
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-310867A1.html
  • Inc. ("ECCI"), license of FM Translator Station K292FM, licensed to Denver, Colorado. 2. On September 11, 2011, in response to a complaint from the FAA regarding interference to its operation on 118.9 MHz, an agent of the Enforcement Bureau's Denver Office monitored radio station K292FM located atop Lookout Mountain in Golden, Colorado, and observed the following violation: a. 47 C.F.R. S:74.1203(e): "It shall be the responsibility of the licensee of an FM translator or FM booster station to correct any condition of interference which results from the radiation of radio frequency energy by its equipment on any frequency outside the assigned channel. Upon notice by the Commission to the station licensee that such interference is being caused, the operation of the
• http://www.fcc.gov/eb/Public_Notices/da001683.doc http://www.fcc.gov/eb/Public_Notices/da001683.html
  • violations: 47 C.F.R. §§ 73.1800 (General Requirements Related to the Station Log) and 73.1870 (Chief Operators). Tampa, FL District Office (6/20/00). 47 C.F.R. Part 74 - Experimental Radio, Auxiliary, Special Broadcast and Other Program Distributional Services 47 C.F.R. § 74. 561 - Frequency Tolerance Clamor Broadcasting Network (WKVN-FM), Levittown, PR. San Juan, PR Resident Agent Office (6/3/00). 47 C.F.R. § 74.1203 - Interference Entercom Longview License LLC, KRQT-FM1, Longview, WA. Portland, OR Resident Agent Office (6/6/00). 47 C.F.R. Part 76 - Multichannel Video and Cable Television Service 47 C.F.R. § 76.301 - Copies of Rules Charter Communications, Burlington, CO. Other violations: 47 C.F.R. §§ 76.302 (Must-Carry Recordkeeping), 76.305 (Records to be Maintained Locally By Cable System Operators for Public Inspection), 76.605
• http://www.fcc.gov/fcc-bin/audio/DA-07-1359A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1359A1.pdf
  • to ``extend'' KLIT(FM)'s protected service contour in this case. For this reason, Amaturo has not established in its Petition for Reconsideration that the staff erred in processing or granting the Application. In this regard, we note that, the Commission's rules regarding FM translator stations restrict such stations to operate strictly on a secondary basis and limit their permissible service. Section 74.1203(a)(3) states that an FM translator station will not be permitted to continue to operate if it causes any actual radio signal interference to the direct reception by the public of the off-the-air signals of any authorized broadcast station. Actual interference is based on listener complaints indicating that the signal that the complainant regularly receives is being impaired by the signal
• http://www.fcc.gov/fcc-bin/audio/DA-10-1718A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-1718A1.pdf
  • As a preliminary matter, Kanza misconstrues a number of basic FM translator licensing rules and policies. Once authorized, Section 74.1204 is irrelevant to the operation of a translator station. Thus, at any time following grant of the December 2007 Modification Application, Kanza was free to construct and commence operations on Channel 223. It would have been required, pursuant to Section 74.1203(a), to cease Station operations only if the Station caused actual interference to the Cimarron station. Dozens of FM translators operate in just this manner, on second-adjacent channels within the 60 dBu contours of nearby full-service stations. The exercise of the Commission's Section 312(g) discretion is not warranted here. Station K225AG was voluntarily taken off the air more than two years
• http://www.fcc.gov/fcc-bin/audio/DA-10-702A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-702A1.pdf
  • the underlying permit, but rather, at 105 and 50 feet height AGL, as specified in the Cornell License Application. Commission records, however, erroneously listed the licensed antenna height as 118 feet AGL. See Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations (Dundee and Odessa, NY), Report and Order, 22 FCC Rcd 13734 (MB 2007). See 47 C.F.R. § 74.1203. See File No. BMPFT-20080910AAI. We note that this application proposed one composite antenna consisting of two Scala HDCA-5 antennas linked together to create a composite directional pattern mounted in the same plane but on separate orientations at a radiation center AGL of 118 feet. Id. at Exhibit 12.2 (vertical antenna plan illustration). Opposition at 15. Because we dismissed the license
• http://www.fcc.gov/fcc-bin/audio/DA-11-1437A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1437A1.pdf
  • 1.80(b)(4), note to paragraph (b)(4), Section I. A broadcast station requires an authorization from the Commission to operate. See 47 U.S.C. § 301. 47 U.S.C. § 503(b)(2)(D); see also Forfeiture Policy Statement, 12 FCC Rcd at 17100; 47 C.F.R. § 1.80(b)(4). Fm Translator stations are ``secondary'' services, which generally ``primary'' stations are not required to protect. See 47 C.F.R § 74.1203. See, e.g., Kane County Special Service District # 1, Forfeiture Order, 25 FCC Rcd 3550, 3552 (MB 2010) ($500 forfeiture imposed for late-filing and unauthorized operation of FM Translator station where a license renewal application was filed nearly two years after the station's license had expired). 47 U.S.C. § 309(k). 47 U.S.C. § 309(k)(1). The renewal standard was amended to
• http://www.fcc.gov/fcc-bin/audio/DA-11-1602A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1602A1.pdf
  • 1.80(b)(4), note to paragraph (b)(4), Section I. A broadcast station requires an authorization from the Commission to operate. See 47 U.S.C. § 301. 47 U.S.C. § 503(b)(2)(D); see also Forfeiture Policy Statement, 12 FCC Rcd at 17100; 47 C.F.R. § 1.80(b)(4). FM Translator stations are ``secondary'' services, which generally ``primary'' stations are not required to protect. See 47 C.F.R. § 74.1203. See, e.g., Kane County Special Service District # 1, Forfeiture Order, 25 FCC Rcd 3550, 3552 (MB 2010) ($500 forfeiture imposed for late-filing and unauthorized operation of FM Translator station where a license renewal application was filed nearly two years after the station's license had expired). 47 U.S.C. § 309(k). 47 U.S.C. § 309(k)(1). The renewal standard was amended to
• http://www.fcc.gov/fcc-bin/audio/DA-11-1727A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1727A1.pdf
  • identified 28 complaints from listeners in the area of Ypsilanti, Belleville and Taylor, Michigan. These listeners complained of recent difficulties receiving WIOT(FM) at their homes and in the nearby areas while driving. On July 27, 2011, staff sent an interference letter to RPI providing the station thirty days to resolve all 28 complaints of interference or suspend operation immediately. Section 74.1203 states that if interference can not be properly eliminated by suitable techniques, the operation of the translator shall be suspended. RPI's Report on its efforts to resolve the complaints is voluminous. It includes details of RPI's correspondence with the 28 original complainants, along with many pages of testimonials from supporters of W284BQ. RPI also indicates that, on July 25, it
• http://www.fcc.gov/fcc-bin/audio/DA-12-688A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-688A1.pdf
  • of the discussion above, we find that neither Greater Boston, Cox, nor Citadel has raised a substantial and material question of fact calling for further inquiry regarding whether grant of the Application will further the public interest, convenience, and necessity. We will therefore deny the Greater Boston Petition and the Cox and Citadel Informal Objections. We note, however, that Section 74.1203(a) of the Rules states that, should the translator commence operation and cause actual interference to WKLO-FM, WPLR(FM), or WSKO-FM (now WEAN(FM)) or any other full-service station, the translator will be required to eliminate the interference or cease operation. Additionally, we have evaluated the Application and find that it complies with all pertinent statutory and regulatory requirements and that its grant
• http://www.fcc.gov/fcc-bin/audio/FCC-04-155A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-04-155A1.pdf
  • that interference ``will result.'' 14. K211DK License Application. Allegation of interference to mobile listeners. Finally, in response to the Bureau's observation that ``[s]hould operation of [the proposed translator station] cause actual interference to the direct reception of KCRW(FM)'s direct off-the-air input signal, [Association] will then be required to remedy an such actual interference or cease operation in accordance with Section 74.1203,'' KCRW(FM)'s Chief Engineer Steven P. Herbert ``drove the Translator Station's signal and observed reception of both KCEW and the Translator Station.'' The route and results of this trip are set forth in Attachment 3 of the Application for Review. Mr. Herbert indicates that he made the observations from approximately 8:30 to 9:30 p.m. on November 27, 2001, in a 1984
• http://www.fcc.gov/fcc-bin/audio/FCC-04-68A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-04-68A1.pdf
  • this context, second- and third-adjacent channel interference is predicted to occur only where the ``undesired'' FM translator signal is at least 40 dB stronger than the ``desired'' signal. Thus, interference will never be predicted to occur if a low power FM translator is co-located with a second- or third-adjacent channel full service station operating at a higher authorized power. Section 74.1203(d) states that ``interference'' will be considered to occur ``whenever reception of a regularly used signal is impaired by the signals radiated by the FM translator . . . regardless of the quality of such reception, the strength of the signal so used, or the channel on which the protected signal is transmitted.'' x { h, w x 47 C.F.R. §
• http://www.fcc.gov/fcc-bin/audio/FCC-07-204A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-07-204A1.pdf
  • use the D/U signal strength ratio methodology to establish the area of predicted interference and to demonstrate the ``lack of population'' within this area to satisfy the requirements under Section 74.1204(d) of the Rules. However, the FM translator technical rules include a second and essential requirement: the inflexible obligation to resolve all bona fide actual interference complaints pursuant to Section 74.1203(a) of the Rules. A translator station that cannot resolve all complaints must suspend operations. The two Rules operate in tandem. The flexibility of Section 74.1204(d) of the Rules is backstopped by the permanent Section 74.1203(a) secondary service obligation to resolve actual interference complaints. We tentatively conclude that the licensing of LPFM stations pursuant to the standards of Section 74.1204 of
• http://www.fcc.gov/fcc-bin/audio/FCC-08-242A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-242A1.pdf
  • are incorrect in claiming that the Reinstatement Order impermissibly ``amended'' Section 74.1204(d) in violation of the APA. The permissive guidance and clarification in the Reinstatement Order are consistent with the flexibility inherent in Section 74.1204(d), the Commission's rejection of an ``explicit standard'' in the Translator Order, and the protection provided to other broadcast stations against translator station interference by Section 74.1203 of the Rules. As the D.C. Circuit has held, an agency action does not become a rule amendment ``merely because it supplies crisper and more detailed lines than the authority being interpreted.'' CONCLUSION Petitioners have not substantiated their contention that U/D analysis is inherently defective or that it has been repudiated by the Commission as a reliable means of determining
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/85-361.pdf
  • Section74.1232(d)providesthat"AnauthorizationforacommercialFMtranslatorwhich isintendedtoprovidereceptiontoplaceswhicharebeyondthepredicted1mV/mfield strengthcontouroftheprimarystationandwithinthepredicted1mV/mfieldfield strengthcontourofanothercommercial FMradiobroadcaststationassignedtoa differentprincipalcommunitywillnotbegrantedto:(1)Thelicenseeorpermitteeofan FMbroadcaststation......[Emphasisadded.] StationKGBR(FM)isstillnotoperational.Asixthrequestforextensionoftimeto constructthestationwasfiledMay15,1985(BMPH-850515IA). SinceStationKGBR(FM)wouldcompeteforaudienceinGoldBeach,Oregonwiththese translatorstations,andcouldsuffereconomicinjurytotheextentthataudienceis diverted,Chambers,asHoff'ssuccessor-in-interest,hadstandingtopetitionforreconsid- erationofthestaff'sactionsgrantingtheseapplications,andhasstandingtofilethese applicationsforreview. SeeFederalCommunicationsCommissionv.SandersBroth- ersRadioStation,309U.S.470(1940);Sections1.106and1.115oftheCommission's Rules. 101F.C.C.2d 572 FederalCommunicationsCommissionReports demonstratedanyerrorsintheanalysisofthefactsortheauthority supportingthestaff'sactions. SeeSection1.106(a)(1)oftheRules. 4.Initsapplicationforreview,Chambersrequestsconsiderationof whethertheprotectionaffordedlicenseesofcommercialFMbroadcast stationsinSection74.1232(d)(1)ofourRulesextendstopermitteesof commercialFMstationswhichareauthorizedbutnotoperationalpriorto theauthorizationofastation-ownedFMtranslator.Chambersasserts thatduetothesizeoftheGoldBeachmarket,theintrusionofevenoneof thesetranslators,whichChambersclaimsdonotplace1mV/msignals overtheentirecommunity,makesuntenablethecompetitivepositionof StationKGBR(FM).4Chambersallegesthattheauthorizationofthese translatorsiscontrarytotheCommission'sFMallocationpolicyof bringingfulllocalauralservicetoallcommunities,andthatthereisno rationalbasisfornotaffordingthepermitteeofacommercialFMstation thesamerighttoprotectionfrominterferencetoitsproposedcontours fromalater-authorizedFMtranslatorasisaccordedlicensees.5Chambers takesthepositionthattheterminationprovisioninSection74.1232(h)of ourRulesdoesnotadequatelyguardtheviabilityoftheinitiationofa firstlocalFMstationagainsteconomicharmbyanFMtranslator.6 Finally,Chambersassertsthattheauthorizationofthesetranslators thwartstheCommission'spublicinterestpolicyofobligatingfullservice stationlicenseestoservetheircommunities'needsand,instead,encourages regionalconcentrationofcontrol. 5.Attheoutset,weaffirmthattheterm"FMradiobroadcaststation" inSection74.1232(d)ofourRules,7encompassesonlyoperational,andnot unbuilt,stations.Accordingly,Section74.1232(d)(1)proscribestheauthorization ofacommercialFMtranslatortotheproposedprimarystation licenseeorpermitteeonlywherethetranslatorisintendedtoprovide receptionbeyondtheprimarystation'spredicted1mV/mcontourand withinthepredicted1mV/mcontourofanoperationalcommercialFM 4 WenotethattheCommission'sRules,47U.S.C.Sections74.1201-.1284,donotprescribe minimumcoveragerequirementsforFMtranslators,andthattheextenttowhichthese translatorsactuallycoverGoldBeach,Oregonisirrelevanttotheissueherein. 5 WenotethatChambersclaims,withoutevidentiarysupport,thattherewouldbe interferencetoStationKGBR(FM)'ssignalfromthesetranslatorspendingtheir termination.Allegationsconcerninginterferencetoaprimarysignalareirrelevanttothe eligibilityofatranslatorapplicantunderSection74.1232(d)oftheRules.SeeSection 74.1203oftheRules. 6 Section74.1232(h)providesthat:"AnyauthorizationforanFMtranslatorstationissued toanapplicantdescribedinparagraph(d)ofthissectionwillbeissuedsubjecttothe conditionthatitmaybeterminatedatanytime,uponnotlessthan60dayswrittennotice, wherethecircumstancesinthecommunityorareaservedaresoalteredastohave prohibitedgrantoftheapplicationhadsuchcircumstancesexistedatthetimeofits filing." Seefootnoteone,emphasisadded. 101F.C.C.2d Ber-TecB/cing,Inc. 573 broadcaststationassignedtoadifferentprincipalcommunity.8 6. Section74.1232(d)(1)wasincorporatedintoourFMtranslatorrules initscurrentformatthetimePart74wasamendedtoincludeSubpartL. TheunderlyingrationaleforitsinclusionwastopreventFMstation licenseesfromusingFMtranslatorsasacompetitivemeansforextending theirstations'serviceareas.ReportandOrderinDocket17159,20RR2d 1538,1541(1970).InrecognitionofthefactthatFMtranslatorsarenot beingusedprimarilyas"fill-in"devicesorasmeanstoprovideserviceto unservedorunderservedareas,wehavetwiceexploredamendingSection 74.1232(d)inordertopreventunfaircompetitionbydistantcommercial FMstations.InourNoticeofProposedRulemakinginDocket19918,44 FCC2d794(1974),weproposedtoprohibitcompetitiveexpansionofan FMstation'sserviceareathrougheitheralicenseeornon-licenseeowned translatorwheretheareatobeservedwaswithinthepredicted1mV/m contoursofmorethanoneFMstationlicensedtoacommunityotherthan thatoftheprimarystation.Ourmainconcernwastobalancetheneedto protecttheviabilityoflocalFMstationswithCongress'intentthatthere becompetitioninthebusinessofbroadcasting.Id.at795.In1978,we revisedourproposalinDocket19918tolimitprimarystationstoowning andsupportingtranslatorswhichserveareasonlywithintheir1mV/m contours,andtopermitallotherapplicantstoestablishFMtranslators withoutrestrictionastotheirintrusionintothepredicted1mV/m contoursoffullservicecommercialFMstations.MemorandumOpinion andOrderandFurtherNoticeofProposedRulemakinginDocket 19918,43FR14695,publishedApril7,1978. 7.Considerationofthisrevisedproposalwasultimatelyconcludedlast year.Uponreviewoftherecord,wedeterminedthatourpresent limitationsonFMstation-licenseetranslatorownershipandcontrolare adequate.Thus,wedeclinedtoamendSection74.1232(d)andlefttherule intactinitscurrentandoriginalform.AmendmentofPart74,SubpartL oftheCommission'sRulesPertainingtoFMRadioBroadcastTranslator Stations,98FCC2d35(1984).Chambersargues,however,thatour policylimitingtheprotectioninSection74.1232(d)(1)onlytolicenseesof operationalcommercialFMbroadcaststationswillresultincompetitive economicclashesbetweenfirst-in-timestation-ownedtranslatorsand subsequentfirstlocalFMservicestationsthatwilladverselyaffectthe 8WenotethatinitsreplytoBER-TEC'soppositiontoapplicationforreview,Chambers arguesthat"therestrictionsoftherule[Section74.1232(d)(1)]applywhereverpredicted serviceexists,notonlywhereanFMstationisinactualoperation."[Emphasisin original].Theword"predicted"asusedinSection74.1232(d)isatechnicaltermofart referringtoanoperatingFMstation'stheoreticallypredictedcontourscalculatedonthe basisofitsauthorizedpowerandantennaheight,asopposedtoitsactualfieldstrength measurements.Thelanguagedoesnotrefertoadistinctionbetweenanoperationalanda non-operationalstation. 101F.C.C.2d 574 FederalCommunicationsCommissionReports viabilityofthelatterstations.Weareunpersuadedbythisargument.
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  • anyconstraintsontheintroductionofotherbroadcast servicesinnearbyareas,Giventhesefacts,andthelackof viablealternatives,wewillgrantthiswaiverrequest. 14,AlthoughinSirius'sviewitwouldbemoreappropriate forBigIslandtopetitionforRuleMakingtoadd newchannelsfortheunservedareasandthenfileapplications fornewFMstations,grantofthePuueobooster applicationwillnotprecludeapplicationsfornewfull servicefacilitiesinthesamearea,Inthisregard,applications fornewfullserviceFMstationsorformodification ofexistingFMfacilitiesarereviewedwithoutconsideration ofexistingboosterfacilities.Asasecondaryservice, aboosterstationmustgivewaytoanyconflictingfull serviceproposal,BigIslandhasdemonstratedthatthereis acurrentneedforbroadcastserviceinPuueo.Thequestion beforeusiswhethergrantofBigIsland'sproposal forPuueowillservethepublicinterestandwehave foundthistobethecase. 15.Accordingly,forthereasonsstatedherein.theinformal objectionsfiledbySiriusCommunications,Inc.ARE GRANTED,totheextentindicatedaboveandDENIED inallotherrespects:therequestforwaiverofSections 74,1231(h),74.1232(e),74,1235(c)and74.1237(d)ofthe Commission'sRulesfiledbyBigIslandBroadcasting Company,Ltd.,topermittheabove-referencedbooster stationstooperateoutsidethe1mV/mcontourofstation KIPA-FM, IS GRANTEDforapplication BPFTB- 881114TD,Puueo,HawaiiandisDENIEDforapplica- tions BPFTB-881114TC, Keauhou. Hawaii, and BPFTB-881114TEWaikii,Hawaii.Theapplicationfor Puueo,HawaiiISGRANTEDandtheapplicationsfor Keauhou,HawaiiandWaikii,HawaiiAREDISMISSED. FederalCommunicationsCommissionRecord 6FCCRcdNo.2 FEDERALCOMMUNICATIONSCOMMISSION DonnaR.Searcy Secretary FOOTNOTES 1 BigIslandindicatesthatmostofthepopulationoftheisland residesnearthecoastalareas,withthecenteroftheislandbeing essentiallyuninhabited. 2 Noneoftheareastobeservedreceivemorethanfouraural servicesatnight. 3NoticeofInquiry,IntheMatterofAmendmentofPart74of theCommission'sRules.ConcerningFMTranslatorStations,3 FCCRcd3664(1988);NoticeofProposedRulemaking,Inthe MatterofAmendmentofPart74oftheCommission'sRules ConcerningFMTranslatorStations,5FCCRcd.2106(1990); ReportandOrder,FCC90-375, releasedDecember4,1990. 4 Section74.1203(a)oftheCommission'sRules,47CFR 74.1203(a)(1990). sTheIslandofHawaiiiscoveredbyanexistingEmergency BroadcastSystem(EBS)plan.GrantofthePuueoboosterstation willimprovethisplanbyprovidingemergencyinformation toalargernumberofpeople,
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/95-412.doc http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/95-412.pdf
  • an instructional television fixed station shall have a current copy of Parts 73 and 74 of the Commission's Rules. In cases where aeronautical hazard marking of antennas is required, such licensee shall also have a current copy of Part 17 of this chapter. Each licensee is expected to be familiar with the pertinent rules governing instructional television fixed stations. Section 74.1203 is amended by revising paragraph (e) to read as follows: §74.1203 Interference. * * * * * (e) It shall be the responsibility of the licensee of an FM translator or FM booster station to correct any condition of interference which results from the radiation of radio frequency energy by its equipment on any frequency outside the assigned channel. Upon
• http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/da92-1547.pdf
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA92-1547 Beforethe FederalCommunicationsCommission Washington,D.C.20554 InreApplicationof FORUSFM FileNo.BPFTB-890824TB BROADCASTINGOF NEWYORK,INC. ForConstructionPermitforaNew FMBoosterStation(WVOA-FM1)on Channel286inSyracuse,NewYork MEMORANDUMOPINIONANDORDER Adopted:November9,1992; Released:December2,1992 BytheChief,AudioServicesDivision: 1.NowbeforetheDivisionisapetitionforreconsideration ofthegrantoftheabove-captionedapplicationof ForusFMBroadcastingofNewYork.Inc.("Forus"),licensee ofFMStationWVOA,DeRuyter,NewYork.The petitionwasfiledbyWKFM-Syracuse,Inc.("WKFM"), licenseeofFMStationWKFM.Fulton.NewYork.Also beforetheCommissionarerelatedpleadingsandother submissionsfiledbyForusandWKFMinthisproceeding, PROCEDURALMATTERS 2,ForusfiledanapplicationtoconstructanewFM boosterstationonAugust24.1989.'Theuncontestedapplication wasgrantedonNovember22.1989.WKFM soughtreconsiderationofthegrantonDecember29,1989, Itcontendsthattheauthorizationshouldberescindedbecause theproposedfacilitywouldcauseinterferencetothe off-the-airreceptionofWKFMinSyracuse,inviolationof 47C.F.R.Section74.1203.2 3,Standingtofileapetitionforreconsiderationisconferred bySection405oftheCommunicationsActof1934,as amended,47U.S.C.Section405,andby47C.F.R.§1,106(b),In accordancewiththeseprovisions.apetitionforreconsideration mayhefiledonlybyapartytotheproceedingor,in thealternative.anypersonaggrievedorwhoseinterestsare adverselyaffectedbytheactiontakenandwho,inaddition, showsgoodreasonwhyitwasnotpossibletoparticipatein theearlierstagesoftheproceeding,MontgomeryCounty BroadcastingCorporation,65FCC2d876(1977):KRPL, Inc,,5FCCRcd2823(1990). 1ThepurposeoftheboosterstationwastopermitForusto simultaneouslyretransmittheWVOAsignaltoareasandpopulations inSyracusethatareunabletoreceivesatisfactoryservice fromWVOAduetoterrainvariations. 2OnJune1,1991,§74,1203wasrevisedbytheReportand Order inMMDocketNo,88-140.5FCCRcd7212(1990) ("TranslatorReportandOrder");modified,6FCCRcd2334 (1991),Subsection(a)oftherevisedsectionprovidesinper- FederalCommunicationsCommissionRecord 7 FCCRcdNo.25 4,Atnotimepriortothegrantoftheconstruction permitapplicationdidWKFMinterposeanobjection,Consequently, WKFM'spetitionseeksreconsiderationofaction takeninaproceedingtowhichitwasnotaparty,Inorder todemonstratestandingtofileitspetition.WKFMstates thatitsinterestswouldbeadverselyaffectedbythegrant "becauseoftheinterferencethatwouldhecausedtothe receptionofitsfacilitiesbyForus'boosterstation.More- over.WKFMsubmitsthatithadnotparticipatedearlier becausetheSeptember20,1989PublicNoticeannouncing theapplicationastenderedforfiling(ReportNo,14559), listedonlytheproposedtransmitteroutputpowerof2.5 kW,asopposedtotheproposedeffectiveradiatedpower ("ERP")of8kW,WKFMmaintainsthatifithadbeen informedthattheproposedboosterstationwouldoperate withfacilitiesgreaterthanaClassAFMstation,itwould havetimelyfiledapetitiontodenytheapplication, 5,WefindthatWKFMhasfailedtoestablishgoodcause fornotparticipatingearlierintheproceeding,Hence,it lackstherequisitestandingtofileapetitionforreconsideration ofthegrantoftheForusapplication.AllCommis- sionpublicnoticesannouncingthetenderofFMbooster stationsspecifytheproposedtransmitteroutputpowerand nottheERP.Fromthisnotice.interestedpartiesare chargedwithconstructivenoticeofthesubjectapplication. This,coupledwiththefactthatthepublicnoticespecified Syracuseastheproposedcommunityoflicenseforthe boosterstation,meantthatWKFM,by theexerciseof reasonablediligence.couldhavedeterminedthefactsrelating totheproposedstation'spowerandtheeffectitwould haveontheoperationofWKFM.SeeHighCountryCommunications, 4FCCRcd6237,n,2.(1989):SeealsoRivoli RealityCo.,27FCC2d1004(1971). 6,Accordingly.theWKFMpetitionwillbedismissed, However,becauseoftheeventsfollowinggrantofthe booster,wewillconsideronourownmotionthepolicy