The Federal Communications Commission has officially set the ground rules for what will be the first filing window in agency history for new noncommercial educational FM translators in the reserved portion of the FM band, moving ahead with an August application period.
The Media Bureau announced that applications for new reserved-band translators operating on 88.1 to 91.9 FM will be accepted from Aug. 11 through Aug. 25. But the impact on all FM operators will begin next month. The FCC will impose a filing freeze beginning July 10. It will cover minor modification applications for FM translators, FM boosters, and LPFMs on both the reserved and non-reserved portions of the band. The FCC says the freeze is intended to stabilize the spectrum landscape and allow prospective applicants and consulting engineers to determine which channels remain available before investing in engineering studies and application preparation.
The filing window marks the culmination of a proceeding (MB Docket No. 26-20) that has generated months of debate over application limits, anti-speculation safeguards, and whether low-power FM stations would have a meaningful opportunity to participate.
While the Commission adopted several measures aimed at preventing a repeat of past translator filing window abuses, it declined to embrace many of the changes sought by LPFM advocates.
The Bureau confirms that most applicants will be limited to 10 applications nationwide, a cap the FCC earlier concluded would deter speculative filings while still providing a meaningful opportunity to secure new licenses. Tribal LPFM licensees will be limited to four applications, while all other LPFM applicants will be limited to two. Any applications exceeding those limits will be dismissed.
Eligibility also remains tightly restricted. Only existing noncommercial AM or FM and LPFM licensees or permittees will be able to participate in the translator window, which the agency says will ensure every translator application is tied to an existing primary station.
Community radio groups and LPFM advocates had urged the agency to waive several LPFM-specific restrictions that they argued would make it difficult for low-power stations to take advantage of the window. But the Media Bureau declined.
Under the rules outlined, LPFM applicants must continue to comply with the contour overlap requirement, the 10-mile/20-mile siting restrictions, and the direct off-air signal delivery requirement. The FCC also rejected requests to waive the comparative preference given to fill-in translators.
The Bureau also declined to grant a blanket waiver of TV Channel 6 protection requirements; another request raised by community radio advocates. Instead, applicants seeking relief will need to request waivers on a case-by-case basis.
The notice also formalizes anti-trafficking safeguards. Any translator authorization granted in the window will be subject to a four-year holding period. During that time, the translator must continue rebroadcasting the primary station identified in the application and cannot be assigned or transferred separately from that station.
Heavy Demand
Media Bureau attorney Joe Cohen said in February that the FCC believes it will receive a “large” volume of filings in the upcoming window due to several factors, including that there has never been a filing window for noncommercial FM translators. And there are generally no ownership limits in the reserved FM band.
As the FCC sorts through competing applications, it will use the same noncommercial point system employed in other reserved-band proceedings. Applicants can earn up to seven points based on four criteria: established local presence, diversity of ownership, statewide network status and technical superiority. Fill-in translators will continue to receive preference over service-extension proposals when the two compete against one another.
If applicants remain tied after the point analysis, the FCC will break ties by looking first at the number of attributable radio authorizations held by each applicant, then the number of pending applications, and finally which application was filed first after the window opens.
Watch Details
The Bureau also warns applicants to pay close attention to technical details. Applications must include complete documentation supporting any point claims, and the FCC says it will rely on the coordinates and technical information entered into the application itself rather than reviewing attachments to resolve discrepancies. Applications lacking required documentation may lose comparative points, while applications containing fatal defects risk dismissal.
With the rules now finalized, the FCC says interested applicants will be able to begin working on Schedule 349 applications in LMS beginning July 1, ahead of the Aug. 11 window opening.