Translator Limits For AM Owners? No Way Says The FCC.

Story by Inside Radio

The Federal Communications Commission has rejected an attempt to block iHeartMedia from obtaining a new FM translator in the Modesto, CA market. Audio Division chief Albert Shuldiner’s decision greenlights the company to sign-on the Modesto-licensed K298DG at 107.5 FM, which it plans to use in order to give “Power Talk 1360” KFIV an outlet on the FM dial.

The petition seeking to deny iHeart the translator had been filed by Justin Howze, who argued that because of the company’s reorganization, a different entity than what had applied for the signal was now seeking the translator. If the FCC agreed, that would have been disqualifying (http://www.insideradio.com/free/big-bids-bargains-as-fcc-s-long-delayed-auction-closes/article_3c8e1bba-7e8d-11e8-8d50-af71d014b46e.html).

But in a seven-page decision Shuldiner ruled that its “debtor in possession” status was only temporary and the argument is moot since iHeart has since emerged from chapter 11 (https://docs.fcc.gov/public/attachments/DA-19-670A1.pdf). And in a move that would have broader implications for all AM station owners had it gone the other direction, Shuldiner also rejected the argument that the FCC should put limits on how many FM translators a company can obtain for AMs. Howze had urged the FCC to use limits similar to what had been adopted during Auction 83 when the agency was forced to contend with more than 13,337 applications for new FM translators flooding in. Those limits ultimately meant that only 5,450 new translator permits, or 41% of those applied for, were ultimately awarded.

“Were we to impose the extreme market-by-market limits…we could severely dilute–if not undercut completely–the public interest benefits to local markets served by AM stations that the Commission sought to implement,” Shuldiner concluded. He says the rules that were used during Auctions 99 and 100—the two opened to give AM owners a shot at an FM translator—were adopted after public notice and comment and have “served the stated public interest rational for the auction filing windows.”

In addition to its forthcoming translator, KFIV also relays on KWSX (1280) into the Stockton, CA market.