FCC Again Denies Eastern New Mexico University's Bid To Feed Texas Translator Via Satellite

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The FCC has denied a Petition for Reconsideration by EASTERN NEW MEXICO UNIVERSITY of the rejection of its bid for a waiver to allow K258AO/MIDLAND, TX to be fed by satellite, as it has been for several years in inadvertent violation of the rules, rather than an over-the-air signal.   

From 2001 through 2006, the translator was fed programming from ENMU's News-Talk-Classical KENW/PORTALES, NM via repeater KMTH/MAIJAMAR, TX and its translator K215BG/ANDREWS, TX, but when K215BG's signal was blocked by the sign-on of LA PROMESA Religion KVDG/MIDLAND, the translator was then fed by a satellite feed to maintain programming from 2006 through 2014. But when EDUCATIONAL MEDIA FOUNDATION's Contemporary Christian KLVW (K-LOVE)/MIDLAND signed on, K258AO, then K204BJ, was moved to the commercial band, and ENMU said that it was unaware that the rules for translators in that portion of the FM dial prohibit satellite feeds for programming.  A 2013 license renewal was granted by the FCC despite the satellite feed; a 2014 application for an antenna move triggered the FCC to place a Special Operation Condition requiring the station to be fed by over-the-air means.  

In its rejection of a waiver, the Media Bureau's Audio Division said that its "prior actions leave no room for waiver of the delivery rule for the operation of other area translators in the absence of a white area showing."  ENMU contended that it satisfies the waiver requirements by showing that the community would be deprived of service due to distance and intervening terrain obstructions and that the waiver wouldn't set a precedent that would undermine the rules.  But the Commission ruled that the Petition for Reconsideration merely reiterates previously adjudicated issues, adding that "An agency's 'strict adherence to a general rule' may be justified – even if that application presents some hardship in individual cases."  And the order by PETER H, DOYLE takes an additional shot at the petitioner by asserting, "Although we would be justified in issuing a Notice of Apparent Liability for this unauthorized operation, on the facts of this case where the staff Public Notice denying the waiver request and dismissing the Application did not specifically order ENMU to cease the unlawful satellite feed, we will instead admonish ENMU for its violation of the Signal Delivery Rule" and orders the carriage of the satellite feed to immediately cease.

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