Draft AM Revitalization Order Doesn't Include FM Translator Window
A draft FCC order to revitalize the AM band doesn’t include a proposal to create a specific FM translator window for AM stations to apply for FM translator construction permits, said broadcast attorneys and an agency official in interviews. Though the draft order contains other proposals to help AM stations, industry lawyers said the FM translator window is seen as the most important idea for helping AM radio from the AM revitalization NPRM. The draft order says a specific window for AM is unnecessary, an FCC official said. It does contain proposals for waiver policies and proposals to make it easier for AM stations to operate, proposes changing standards seen as outdated and includes a further NPRM seeking comment on other proposals for the AM band, said an agency official and industry lawyers.
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Commissioner Ajit Pai previously described AM revitalization as an issue likely to receive wide support. But the draft order in its current form could be more contentious, said an agency official. A translator window for AM is seen as enjoying near universal support in the industry and among FCC commissioners, broadcast attorneys said. Pai, Commissioner Mike O’Rielly and Commissioner Jessica Rosenworcel have said they support the window, and Commissioner Mignon Clyburn began the proceeding while acting FCC chairwoman (see 1504240059), broadcast attorneys said.
Chairman Tom Wheeler is seen as the proposal’s only opponent “on the planet,” one broadcast attorney joked. For the window to be included in the draft order, the commissioners will have to refuse to support the draft order as written, industry lawyers said. The AM item isn't on the tentative agenda for the Sept. 17 FCC open meeting, while the draft order on broadcast contest rules is, though they were circulated at the same time. The FCC had no comment.
Wheeler’s ambivalence toward a separate window for AM stations to apply for FM translators was signaled by a blog post during the April NAB show. “Why, if it is necessary to open the translator window, should it only be opened for one group?” Wheeler wrote. He also indicated he believes there already may be enough translators for the current number of licensees. It doesn’t matter how many translators there are if they aren’t where they're needed, said Fletcher Heald broadcast attorney Frank Montero. Without a specific window for AM licensees, the price of translators will rise out of most AM stations' reach, Wilkinson Barker broadcast attorney David Oxenford said on his blog. Several broadcast lawyers said a strong broadcast lobbying effort at the FCC on behalf of the translator window is expected to kick off next week.
A separate window for AM licensee translator applications and the easing of restrictions on moving them are by far the most important tools for helping AM, said Montero and other broadcast attorneys. The draft order is almost not worth passing without the window, one attorney said. But broadcast industry officials conceded they support many other proposals in the draft order, such as relaxing rules concerning interference and other rules binding AM licensees. In the same April blog, Wheeler also indicated support for these proposals. Wheeler said the further NPRM accompanying the draft order would seek comment on expanding the AM band and allowing some AM stations to expand their service areas.