If Your AM Goes Off In The PM, You Might Be Able To FM, It's All In The Translation: 'At Last' FCC Sets the Rules!

The big news is the FCC has now ruled that under limited circumstances, AM stations may now obtain permanent authority to fill-in their predicted signal contours, day and night, with an existing FM translator.

Broadcasters will remember the R&B classic "At Last," immortalized by Etta James and recently reprieved by Beyonce Knowles in the film, "Cadillac Records." That song title may be the first thought of AM broadcasters eagerly awaiting FCC action in the docket to allow the use of FM translators for AM stations started nearly two years ago. Meanwhile, the Commission has been allowing rule waivers and granting special temporary authority on a case-by-case basis, enabling some AM stations to fill in their service areas with FM translators.

Under existing rules, the source of FM translator programming is limited to the signal of a primary station in the FM service. On two prior occasions, the Commission rejected proposals to enable AM stations to use FM translators as a fill-in service. A fresh look has led it to a new view that the time is now ripe for this relief that will serve to revitalize the AM service.

The Commission recognized the seminal and historic role of AM radio in fulfilling local informational and public service community needs. It reports that 90% of all News/Talk formats are on the AM band. However, AM accounted for only 17% of all listeners and only 4% of the 12-24 demo, falling from over half of all listening in 1978. It attributes AMs problems, at least in part, to the effect of modern technology in at least two important ways.

First, there are the escalating challenges posed by higher-fidelity alternative media, specifically recognizing FM radio, satellite radio, podcasting and streaming media as competitors. Second, the Commission recognized AM radio's unique handicaps of limited operating hours, signal propagation shortfalls, and the increasingly noisy electronic environment created by such sources as electricity transmission, florescent lights, neon lighting, proliferating electronic equipment, dimmers, electric motors and other new devices. It concluded that such problems have contributed to the defection of younger listeners from the AM band.

The new rule will allow AM stations to acquire an FM translator or permit others to retransmit the AM station, provided that the predicted 1 mV/m coverage contour of the FM translator is contained within the lesser of the 2 mV/m daytime contour of the AM primary station and a 25-mile radius centered at the AM transmitter site. Exceptions will not be permitted and stations must use standard signal coverage methods in calculating service contours.

AM Broadcaster reports of their success with special temporary authority for FM translators to extend reliable service throughout their protected AM listening areas contributed to the FCC decision.

Many commenters, however, feared that wide open use of FM translators for AM primary stations would preclude future authorizations in the low power FM service. In response, the FCC limited the rule change only to currently-authorized FM translators - defined as those translators with licenses or permits in effect as of May 1, 2009. No FM translator granted after that date, including the majority of applicants remaining from the 2003 filing window, will be allowed to specify an AM station as its primary signal source. It suggested, however, that it may revisit this decision once the next filing window that will be opened for LPFM stations has concluded.

Also excluded from the new rule are FM translators assigned in the FM non-commercial reserved-band and currently authorized LPFM stations, unless the AM programming is consistent with the core requirement that LPFM stations advance an educational program.

The use of an FM translator is limited to the hours of the primary AM station operation, except under the following circumstances. Daytime-only Class D AM stations may originate programming on FM translators during pre-sunrise and post-sunset reduced power hours and nighttime, provided the AM station has operated within the last 24 hours.

Where an FM fill-in translator is not owned by the AM licensee, it must operate pursuant to a rebroadcast consent agreement.

Translator licensees currently rebroadcasting or intending to rebroadcast an AM station will need to file written notifications specifying their primary station on FCC form 349. Existing STAs for AM rebroadcasts over FM translators will be cancelled and all pending applications dismissed upon the effective date of the new rules.

The new rules are to take effect 30 days after the latter of Federal Register publication or an announcement of approval by the Office of Management and Budget.

This column is provided for general information purposes only and should not be relied upon as legal advice pertaining to any specific factual situation. Legal decisions should be made only after proper consultation with a legal professional of your choosing.

This column is provided for general information purposes only and should not be relied upon as legal advice pertaining to any specific factual situation. Legal decisions should be made only after proper consultation with a legal professional of your choosing.