FCC Issues Notices Of Proposed Rulemakings For Streamlining FM Translator Interference Complaint Process

NPRMs

At its MAY open meeting TODAY (5/10), the FCC issued a Notice of Proposed Rulemaking on the proposal to streamline the process for resolving FM translator interference complaints, concluding that translators should be able to move within the non-reserved band as a minor change to alleviate interference, a minimum of six complaints should be required to support an interference claim, and additional changes to the rules should be made to clarify and standardize complaint requirements, with an outer limit placed on interference complaint locations.

Chairman AJIT PAI heralded the NPRM as part of his push for AM revitalization, contending that "(o)ur current process for resolving such interference complaints can be nasty, brutish, and long (to put a twist on HOBBES).  That’s why we aim to streamline and expedite it."  Commissioner MICHAEL O'RIELLY added that the NPRM is "an
appropriate solution with a more effective process for handling legitimate complaints" to deal with interference from the flood of translator permits that came out of the AM revitalization process.  And Commissioner BRENDAN CARR called the present process "cumbersome, frustrating, and expensive" and lauded the move to change the rules.

The Commission also released another Notice of Proposed Rulemaking that would eliminate the requirement that stations physically post licenses in specific locations. 

Chairman PAI said, "Nearly 90 years ago, the FCC’s predecessor, the Federal Radio Commission, first adopted rules requiring broadcast licenses to be posted.  But it didn’t explain why. Nonetheless, these rules were expanded in future years to apply to new services deployed by broadcasters.  Perhaps the motivation back then was to ensure that station authorizations, ownership, and contact information would be readily available to the Commission and the public.  But today, the vast majority of this information is easily accessible via the Commission’s electronic databases.  Moreover, in some cases, you can’t see posted licenses even if you want to; the transmitter sites at which stations are required to post them aren’t physically accessible to or viewable by the public.  As a result, I’m skeptical that our license posting rules currently serve any useful purpose and look forward to reviewing comments from stakeholders discussing whether they should be eliminated....   This might sound like a simple Notice of Proposed Rulemaking, but our team nonetheless had to go through our regulations with a fine-tooth comb to locate all the relevant rules.  Indeed, the appendix containing the proposed rule changes is over six pages long."

And O'RIELLY, noting that licenses are taped to the wall at the new One World Trade Center transmission facility in NEW YORK, said, "I have pushed to remove certain FCC rules over the years to allow broadcasters to better secure their premises and promote safety.  In such an environment, it then begs the question, how is this rule serving the public interest?  Indeed, the genesis of this requirement stems from the Federal Radio Commission and we can find 'no explicit rationale for the posting requirements.'  I truly believe that this proceeding will confirm that this rule should be set into an appropriate waste bin."

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