Filing window:
Dates for the filing window are to be announced.
Basic details:
FM translator stations in the reserved band are intended to help extend the signal of an existing noncommercial educational (NCE) or low power FM (LPFM) station into a different area. Translators can be "fill-in" (where the service contour of the translator is entirely within the 60/57/54 dBu service contour of the FM station that it is rebroadcasting or in the case of an AM station either within the 2 mV/m daytime contour or within 25 miles of the AM station) or "non fill-in" (where the service contour of the translator extends into areas outside of the 60/57/54 dBu service contour of the FM station that is being rebroadcast, there are no provisions that permit non fill-in translators for AM stations).
The only channels that would be available for FM translators would be those in the reserved band (between 88.1 and 91.9 MHz).
Applicant requirements and limitations:
Because this is a window for noncommercial facilities only, there will be no auction. As such, it is expected that applicants will already need to be qualified as noncommercial educational broadcasters (including LPFM licensees). Individuals and for-profit corporations cannot qualify to be noncommercial educational broadcasters.
Service technical details:
For non fill-in FM translators, which will include any translators for an LPFM station, the power limits are described in §74.1235(b) of the FCC Rules. The country is divided into two areas. One area includes all areas east of the Mississippi River, Puerto Rico, the US Virgin Islands and in the state of California south of 40 degrees latitude. The other area includes areas west of the Mississippi River that are not in California south of 40 degrees and also includes Hawaii, Alaska, Guam and the CNMI.
Non fill-in translators use a method called "maximum height above average terrain" (or MHAAT). Using this formula, the height above average terrain is measured independently along 12 radials at 30 degrees each and for a nondirectional antenna, the highest of the 12 values will be used as the MHAAT. This is different than LPFM (and full power commercial) where 8 radials are then averaged. This means that if the station is in a location such as the side of the mountain where the HAAT would normally be low in one direction but very high in the other direction, only the very high direction will be considered for nondirectional antennas. For directional antennas, the amount of power cannot exceed the amount specified in §74.1235(b) along each of those radials.
To determine your maximum operating power, use the REC HAAT Tool and select the option for 12 radials instead of 8.
Translators can never exceed 250 watts ERP. In order to achieve 250 watts ERP on a nondirectional antenna, the HAAT along all 12 of those radials cannot exceed 32 meters in the area east of the Mississippi and most of California or exceed 107 meters in the remaining area west of the Mississippi (except in most of California).
FM translators use one-way contour protection to demonstrate basic protection to other facilities. This means that the appropriate interfering contour for the translator cannot overlap the service contour of the other station. Protection is required for co-, first-, second- and third-adjacent channels. Second and third adjacent channels can be waived using a method similar to that used for LPFM second-adjacent channel stations.
FM translators operating with 100 watts or more must also provide intermediate frequency (+10.6 or 10.8 MHz) protection using the distance separation tables in §73.207(b)(1) where the FM translator would be treated as a Class A FM station.
FM translators in the reserved band must protect all TV Channel 6 facilities including full-service, Class A, TV translator and Low Power TV (LPTV) stations. See §74.1205.
Program delivery:
Non-fill in FM translators must, in most cases, receive the primary station directly over the air from either the primary station or from another FM translator carrying the primary station. There is an exception for full-service noncommercial educational stations (not LPFM) where any method can be used for program delivery (including the internet) but only if the FM translator is commonly owned by the licensee of the primary station and both the primary station and the FM translator are operating in the reserved band (this is known as the "satellator rule".). LPFM stations must use over the air program delivery.
Fill-in translators can use any method to get programming from the primary station to the translator.
Ownership and location restrictions for LPFM stations:
LPFM licensees are limited to either: two FM translator stations, one FM translator and one FM booster station or two FM booster stations at any time. See §73.860(b).
LPFM licensees are further limited on location of the FM translator in two ways. First, there must be some overlap between the 60 dBu service contour of the LPFM station and the 60 dBu service contour of the proposed translator. Second, the transmitting antenna of the FM translator must be located within 10 miles in markets 1~50 and within 20 miles in all other areas (based the market designation at the location of the LPFM station).
LPFM licensees with HD Radio cannot use an FM translator to rebroadcast an HD2, HD3 or HD4. It must be used to rebroadcast the primary analog/HD1 signal.
Site assurance:
While no specific guidance has been provided on this yet, we are going to assume that because there is no auction involved and because of past behavior in 2003, we should expect that site assurance requirements, such as those used in the 2021 NCE and 2023 LPFM filing windows will apply for this filing window. Site assurance is only a requirement for the originally applied for facility location.
Directional antennas:
Directional antennas may be used for FM translators. There is no minimum forward to back ratio or incremental field strength change in any direction (unlike full-service). Please note that any FM translator, whether directional or nondirectional may be subject to interference complaints by previously authorized full-service stations, FM translator stations, FM booster stations or LPFM stations, pursuant to §74.1204(f) (during the applicaiton process) and §74.1203 (after construction is completed). A complaint may require that the FM translator ceases operation until the interference can be resolved through engineering methods.
Community coverage requirements:
FM translators are a secondary service with no specific community coverage requirements.
Competing applications (MX):
An application is mutually exclusive (MX) if there is a competing application where both applications cannot both be granted at the same time. If there is an MX situation, we expect that there will be a remediation period where applicants can make technical adjustments to their applications, such as a reduction in power or the use or modification of a proposed directional antenna pattern.
If there is no resolution through remediation, then there will be a comparative review system used.
Under the current rules, FM translators that are proposed as fill-in service will have priority and those not proposing fill-in service will be dismissed. (This is something we disagree with and is at the heart of our Translator Reform proposal)
If there is still mutual exclusivity, the NCE point system criteria will be used (the §307 fair distribution process will not be used). This includes:
- Local established applicant. 3 points for local applicants who have been local continuously for no fewer than the 24 months immediately prior to the application filing. For FM translators, this means headquarters, campus or 75% of the board members within 25 miles of the community served.
- Local diversity of ownership. 2 points for applicants with no attributable interests in any other broadcast station or authorized construction permit where the community contour (5 mV/m for AM, 70 dBu for FM, LPFM and non-fill in FM translators) overlap the 60 dBu contour of the proposed translator.
- Statewide network: 2 points for applicants who qualify as a "statewide network" (these are mainly large school systems).
- Technical points: Based on the proposed 60 dBu contour, 1 point if both the land area and population of the proposal exceeds 10 percent over the next lower applicant. If the top applicant is 25 percent greater, than they will receive 2 points.
If there is still a tie, then they look first at the number of existing authorizations the applicant has attributed to them (this includes AM, FM and other non-fill in translators) and then to the number of existing pending applications (this also includes AM, FM and non-fill in translators).
If there is still a tie, then it will go to a first-come first-served basis. There is no such thing as a time share with FM translators.
Nature of broadcast service:
As previously mentioned, the programming on an FM translator must match the programming that is currently being played on a primary station. For fill-in stations that are not associated with an LPFM station, this programming can also include the same programming coming over an HD audio stream (HD2, HD3, HD4) or an AM station.
With the exception of nighttime operation by Class D daytime only AM stations, an FM translator cannot be used to originate its own programming.
Parties to the application:
No additional qualifications are required beyond that of normal NCE licensing. There are no specific localism requirements for a translator licensed to an LPFM station (the localism requirements would apply to the primary LPFM station).
Responsibilities of licensee:
Once a facility is completely constructed, an application for license is filed. Once granted, the facility is fully licensed. Broadcast licenses are issued for 8-year terms however the original license will be issued for the period from the time when the license is granted until the date when all radio broadcast licenses for that state expire.
The renewal form in LMS does permit the renewal of commonly owned FM translators on the same application as the renewal for the primary FM station, but the/those translator(s) must be specified on the application in order to be renewed.
Public notice:
Public notice rules apply to new FM translator stations. In all cases (original construction permit, major changes, assignments and renewals), the public notice shall be given online, pursuant to §73.3580 of the FCC Rules.
Costs:
The costs associated with an FM translator will depend on the arrangement. Nondirectional antenna systems are normally less expensive. In some cases, "off the shelf" directional antennas can be used. There may be substantial costs where a custom (composite) directional pattern must be developed to achieved the requested service.
A translator should also have room in the budget to deal with potential interference complaints under §§ 74.1203 or 74.1204(f).
REC has not yet established a rate card, intake process, nor any other limitations on our processing of these applications. We will announce those at a later time.
