Stay Request Could Mean Risk for Translator Constructing AM Stations, Oxenford Says
A Prometheus Radio petition challenging new FCC FM translator siting rules doesn’t spell out how the rule will limit low-power FM stations, said Wilkinson Barker broadcast attorney David Oxenford in a blog post, a copy of which was emailed Thursday.…
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“The new rules do not increase the permitted power of translators or in any other way significantly change their preclusive effect,” Oxenford said. “Who is to say whether a translator will impose greater restrictions on LPFMs from their current locations or from locations authorized under the new rules?” For Prometheus to get its requested stay of the April 10 effective date of the translator rule, it needs to show there will be irreparable harm, that the stay is in the public interest, and that it’s likely to win its appeal, Oxenford said. Even if the stay isn’t granted, AM stations will have to act knowing “the theoretical possibility that any construction permit granted in reliance on the new rules could be overturned if the appeal is successful, and weigh with their counsel the likelihood of this risk arising when constructing new translators in reliance on these rules,” Oxenford said. Earlier this week, another radio lawyer was critical of the request (see 1704050065).