FCC to Tackle FM Translator Interference, Mid-Band Spectrum at May Meeting

Pai circulated the draft NPRM on translator interference last week and announced it at the NAB Show (see 1804110052). He said the draft proposes allowing translators to move to any available frequency with a minor modification request, and it proposes requiring a minimum number of complaints from affected listeners before a translator would be required to relocate. The minimum number proposed in the draft is six, the same number proposed in NAB’s petition for rulemaking on the issue, FCC officials told us. The officials said the draft closely tracks the NAB petition, though it also asks questions based on proposals from the related petition filed by Aztec Capital Partners. The draft asks whether there should be a maximum distance from a station’s contour for interference complaints, and on methods for establishing that complaints of interference are coming from disinterested parties, officials said. Broadcasters and FCC officials don’t expect much pushback on the NPRM among commissioners. “The goal is to simplify and expedite the interference complaint process, which would benefit both full-power FM radio stations and FM translators,” Pai wrote.

The FCC is facing increasing pressure to make more mid-band spectrum available for 5G, especially the 6 GHz band (see 1804130061). In May, the agency will focus on the 2.5 GHz band, Pai said. “Significant portions” of 2.5 GHz educational broadband service spectrum “lie fallow across approximately one-half of the United States, mostly in rural areas,” he said. The FCC hasn’t granted new access to the band in 20 years, he said: “A scarce public resource that could be used to connect millions of Americans for a long time hasn’t been put to the best use, if it’s even been used at all.”

The chairman said commissioners will vote on an NPRM allowing “more efficient and effective use” of the band. “We would consider new opportunities for educational entities and Tribal Nations to gain access to this spectrum on a first-come, first-served basis in places where they have a local presence and can best serve their communities,” he said. “And we would open up the remaining 2.5 GHz spectrum for auction to anyone, including commercial entities, on a flexible-use basis.” Sprint has invested heavily in the 2.5 GHz band and said it plans to use the spectrum on thousands of towers and small cells as it densifies its network (see 1803280013). The carrier didn't comment.

“Transitioning the band to flexible commercial use while opening it up to new entrants will increase efficient use of this spectrum and hasten its transition to 5G,” said Fred Campbell, director of Tech Knowledge.

The media NPRM concerns a rule requiring stations physically display their FCC licenses at certain locations in their facilities, Pai said. That information is largely available through the commission’s electronic databases, making the rules redundant, he said. The NPRM seeks comment on eliminating or streamlining the rules, Pai said. The current rules can require broadcasters to obtain original copies of their licenses from the FCC, which can be time consuming, said broadcast attorney Jack Goodman in an interview. Many broadcasters don’t bother getting the originals or displaying the licenses everywhere they should, and they can be cited by the Enforcement Bureau over it, Goodman said. He and FCC officials told us they expected the proposal to generate little controversy . “This is a really good idea,” Goodman said of relaxing the rule. ”This is a rule that doesn’t seem to be helping anybody.”

An HDO and enforcement item are also slated for the May meeting. Pai appeared interested in including some previously circulated items on the tentative agenda, an FCC official said. The circulation list includes the FM translator item, a draft hearing designation order from the Media Bureau that originally said it was on Family Voice Communications (see 1804090023), and a couple EB draft orders.