Broadcasters Say FCC Can’t Trim Radio Inference Protection
The FCC lacks authority to reduce full-power radio stations’ interference protection (CD April 10 p8), said full-service broadcasters and the licensee of 350 FM translators. Low-power FM stations disagreed. They said the commissioners should vote to let them file waivers to reduce the protection when full-power broadcasters move closer to them. HD Radio developer iBiquity opposed a waiver process and efforts to lift interference protection, saying they would mean interference with HD Radio. The reply filings are on an FCC notice, which a broadcast attorney said probably will be very contentious.
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The Radio Broadcasting Preservation Act of 2000 prevents the commission from trimming protection of radio from low- power interference, including from second-adjacent channels, the NAB said. “These statutory roadblocks are simply ignored by LPFM advocates,” it said. “The grab bag of proposals suggested by LPFM advocates are flawed.” Cox Radio said a 2001 federal appropriations act also prevents the commission from waiving spacing rules. “Instead of cannibalizing the full power FM service,” the agency should look at alternatives, it said. Low-power broadcasters could be moved to TV channel 6 or FM channel 200.
Issuing second-adjacent channel waivers wouldn’t depart from current commission policy, said a filing by low-power stations and opponents of media consolidation, led by the Prometheus Radio Project. In a 1999 notice on creating low- power radio, the agency said it expected little interference from second-adjacent channels, the filing said. “The commission’s proposal does not grant the LPFM service priority (or de facto priority) over the full-power service,” it said. “Despite the criticism of the incumbent broadcasters, the commission’s proposed rules are an appropriate and legitimate balance of these interests.”
Ibiquity said the FCC must “carefully consider the impact” of waivers on HD Radio deployment. It said the agency should make waiver-seekers show that they won’t hurt current or future HD operations. Educational Media Foundation, licensee of 350 translators and 220 full-power stations, said the translators and low-power broadcasters should keep their “'co-equal’ status.” The LPFM rulemaking stands to be the second-most controversial radio issue that the FCC may deal with in 2008, eclipsed by only the localism proceeding, EMF attorney David Oxenford said in an interview. “This LPFM order not only affects translators but also full- power stations and the ability to upgrade or change facilities for full power stations.”