As many of you are hopefully aware, the FCC is taking comments on proposed rule changes for LPFM which would have potentially serious effects on currently licensed FM translators, as well as current FM translator construction permits and pending applications. The docket is 99-25 and the deadline for comment is August 8. One of the original March 2005 petitioners who requested the current freeze on the granting of translator licenses, REC Networks, has apparently filed their comments to the pending rulemaking and have posted those comments on their website at www.recnet.com/fcc Part of their recommendations to the FCC is to protect from LPFM ONLY translators that they have listed as "legacy" translators and have defined those as FM translators that meet the following criteria:
1. The original construction permit must have been filed prior to March 9, 2003.
2. The facilities have been granted.
3. As of March 17, 2005, the ultimate primary station for the translator must be either in the same state or be in a different state but within 400 km of the translator.
What I understand this to mean is any translator granted or operating as well as ALL pending FM translator applications applied for during the FM translator window that the FCC opened on March 10, 2003 would not be protected against future LPFM applications. REC has identified and created a list of 2,999 FM translators that they say would qualify for "legacy" status (see on their website). REC comments say, "We have specifically excluded the translators that were applied for during the "Great Translator Invasion" 2003 filing window."
As a small market commercial broadcaster in the mountainous terrain of the West, I had applied for several FM translators located within my 60 dbu contour that remain as pending applications which I now fear will be subject to dismissal or secondary status to LPFM if the FCC were to adopt the recommendations of REC and the others involved in this rulemaking. Not only would that limit or restrict my ability to serve listeners within my coverage area but also put me at a disadvantage to any of my competitors who have "legacy" FM translators. I would strongly suggest that any broadcaster who has FM translators granted, operating or pending applications since March 9, 2003 should file comments with the FCC regarding the Notice of Proposed Rulemaking MM Docket No. 99-25 by the August 8, 2005 deadline. Reply comments are due quickly thereafter on August 22, 2005. I hope too that the NAB will find it within their resources to file comments in support of commercial FM broadcasters.
Ted Austin
Licensee of KCHQ-FM
Driggs, Idaho
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