In order to have an FM translator CP application processed, it must include a preclusion showing demonstrating that the CP proposal will not foreclose the possibility of allotting an LPFM station to the same market. The FCC offered further guidance since a number of apps were missing the congressionally-mandated study.
In a public notice, the FCC explained that per the Local Community Radio Act, the showings must be included. “The Bureau is providing this guidance because it has identified a number of applications and amendments which were filed without a required Preclusion Showing or filed with defective Preclusion Showings. Failure to file a required Preclusion Showing or to correct defects by the relevant filing deadline will result in the dismissal of these Form 349 tech box and/or ‘long form’ applications.”
Applicants in areas where available frequencies may be limited are required to make the showing; and so do those who are filing for modified facilities.
The FCC spelled out when the showing is applicable or not:
If an applicant is prosecuting an original proposal:
* The proposal is within 39 km of a Spectrum Limited Market Grid – Required. This proposal could preclude a protected channel/point combination. The filing requirement applies to both proposals located within and outside the Spectrum Limited market.
* The proposal is within 39 km of a Spectrum Available Market Grid – Not Required. This proposal could not preclude a protected channel/point combination because all protected channel/point combinations in Spectrum Available markets assume the grant of all translator proposals.
* The proposal specifies an out-of-grid location within a Top-50 Spectrum Limited Market – Required. The proposal could preclude the only channel/point combination at the specified transmitter site location.
If an applicant has filed a Technical Amendment:
* The proposal is within 39 km of a Spectrum Limited Market Grid – Required.
* The proposal is within 39 km of a Spectrum Available Market Grid – Required. This proposal could preclude a protected channel/point combination because protected channel/point combinations in the Spectrum Available market did not take into account the grant of this amended proposal.7
* The proposal specifies an out-of-grid location within a Top-50 Spectrum Limited Market – Required.
