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July 2, 2009
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This week, the Federal Communications Commission (“FCC”) adopted a Report and Order that enables AM radio stations to utilize FM translator stations to rebroadcast their AM signals. AM stations will now be able to use FM translators to “fill-in” portions of their service contours. Moreover, full-time FM translators will be available to AM stations that are limited to daytime-only or restricted nighttime operations.
The Commission proposed allowing AM stations to use FM translators in a Notice of Proposed Rulemaking (NPRM) issued in August of 2007. Support for the NPRM was overwhelming. In the interim time period, the Media Bureau has granted Special Temporary Authority (STA) to 215 FM translators to rebroadcast AM stations on a fill-in basis. In adopting its Report and Order, the Commission concluded that allowing AM stations to use FM translators for fill-in service “appears to be the best way” to help AM stations provide consistent daytime and nighttime service to their predicted contour areas.
Under the new rules, an AM station may use any FM translator to rebroadcast the AM signal as long as that FM translator’s 60 dBu contour does not extend beyond the smaller of: (1) the 25-mile radius from the AM station’s transmitter site; or (2) the 2 mV/m daytime contour of the AM station. AM stations will only be permitted to use FM translators with licenses or issued permits as of May 1, 2009. Currently pending FM translator applications that receive construction permits after May 1 will not be available to AM stations.
AM licensees can choose to rebroadcast their AM signals on FM translators that are either already owned by the licensee or they may reach rebroadcast consent agreements with other FM translator owners in the non-reserved band to rebroadcast an AM signal. FM translators wishing to change their primary station to an AM station may do so without approval from the FCC, but must file written notification of the change with the Media Bureau.
The new rules adopted should be particularly advantageous for daytime-only and nighttime restricted AM stations. Daytime-only AM stations will be permitted to originate programming on the FM translator during times when the AM station is not operating, while nighttime restricted AM stations will be able to rebroadcast the station on the FM translator during the evenings to areas within the daytime service contour.
The Commission stated that its general FM translator rules will apply to all translators regardless of whether the translator is rebroadcasting an AM or FM station.
We would be pleased to respond to any questions regarding these matters.
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