The Informal Objections filed by Center for International Media Action, Common Frequency Inc., and Prometheus Radio Project against nearly 1000 translator applications has been denied by the FCC.
The objectors sought the dismissal of 994 applications due to their supposed violation of the Local Community Radio Act arguing that the Local Community Radio Act of 2010 the FCC was to ensure that licenses are available for FM translators, FM boosters, and LPFM stations, and that those three services remain equal in status. They believed that the FCC’s failure to repeat its 2013 analysis of spectrum availability in each of its new translator filing windows placed the onus of demonstrating compliance with the LCRA on each individual FM translator applicant because none of the applicants demonstrated the future availability of licenses for LPFM stations or demonstrated to their satisfaction that the applications will serve the needs of the local communities.
The FCC has dismissed and denied the petitions against “All Pending Translator Applications” stating that they were “overbroad, insofar as they include every pending application involving an FM translator, even modification applications that do not constitute applications for “new FM translator stations,” under the language of Section 5 of the LCRA”. As the objection only uses a cursory examination of ten facilities to make a judgment on 994 applications (some of which had already been approved by the FCC), the commission ruled that it was “not sufficient to establish a substantial and material question of fact”.
Additionally the FCC rules that they reject the objections claim that “that equality of status as secondary services necessarily implies that the Commission must ensure that all remaining available spectrum in all markets is equally apportioned among FM translators, FM boosters, and LPFM stations”. Th
With the objection dismissed, the FCC Media Bureau has begun granting Construction Permits to the backlog of pending applications.
The full ruling by the FCC can be read here.
