FCC Nixes Challenges To New FM Translator Rules

Petitions Dismissed, Denied

The FCC has dismissed or denied four Petitions for Reconsideration of its FM translator rule revisions.

The Commission dismissed and denied the LPFM COALITION and FELLOWSHIP OF THE EARTH's claims that the Local Community Radio Act requires an LPFM preclusion study to be included with each translator modification application, pointing out that the rule requiring preclusion studies refers specifically to new stations. The FCC also dismissed and denied FELLOWSHIP's contention that allowing non-adjacent-channel long-range channel changes for translators violates the ASHBACKER RADIO CORP. v. FCC doctrine that comparative consideration is required, and affirmed the revision that set three as the minimum number of interference complaints required of LPFM stations with under 5,000 people in their protected contours, over the objections of CHARLES M. ANDERSON, who contended that the number should be six.

Also rejected was the LPFM COALITION's argument that considering multiple listener interference complaints from the same building as one combined complaint violates the Administrative Procedure Ace and the U.S. Constitution's petition clause. And SKYWAVES COMMUNICATIONS LLC's argument that listener complaints should be accepted from anywhere in a complaining station's protected contour rather than satisfying a stricter test was also denied.

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