Simmering translator pot now boiling forums forums Portland Radio Simmering translator pot now boiling

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    Andy Brown

    Today’s FCC Daily Digest has provided us with a list of Petitions and Objections against two of Bustos’ AM Revitalization translator applications. (click for readable size version):

    First there is this one, filed by Center for International Media Action, Common Frequency, Inc, and Prometheus Radio objecting to all AM Revitalization overreaching translator filings:

    This objection is now in the Correspondence folder of quite a few applications, the list of which is found here:

    101.5 List of Petitions/Objections

    The big one:

    J. Christerson

    95.1 List of Petitions/Objections

    Here are the two big ones:

    KISN-LP (this one is enough to blow off Bustos’ application by itself)

    Asia Pacific Networks well written

    I haven’t contacted Ed at KXRU but I anticipate their filing of an objection to the 105.5 proposal by Bustos is happening soon, but it is mentioned as well in the Asia Pacific filing. The filing by the Center for International Media Action, Common Frequency, Inc, and Prometheus Radio is quite complete and could bring this nationwide transgression by large commercial operators against LPFM licensees to at least a temporary halt of CP grants by the FCC in relevant cases. Then again, the FCC is already backpedaling on their attempt to overturn Obama administration net neutrality rules as the Senate has blocked it. It goes to the House where it doesn’t have as strong a backing, but the longer it takes to get through the process, the greater the chance it fails after the midterms which clearly (to me) is going to change the power structure in Congress. drumpf would veto it if he gets that chance, if he remains in office beyond the current Congressional term. He’ll resign when impeachment is near, but bipartisan support against overturning net neutrality is strong and getting stronger. Anyway, that’s a discussion for the other side of the board.


    I said on another thread that KISN’s thinking they’re building a good case, and after reading the document, I think they have an excellent case. The photo of mailed-in responses (over 100 in that picture, and more reportedly coming in) was also posted on their KISN Everywhere Facebook Page earlier this week. The Goodguys and their listeners are making arguments that should impress the FCC, and they’re following the requirements of the FCC regulations exactly. It’s interesting to note that KISN doesn’t mention that their tower is on the summit of Mt. Scott, nor do they mention that the Bustos proposal would place their transmitter on the KGW-TV tower. It would be a big win indeed if KISN convinces the FCC to throw out the Bustos application, as the law requires the FCC to do in a situation like this. A similiar situation in DC resulted in an FCC order to immediately close a translator colocafed on an LPFM’s channel. If the FCC throws the Bustos app out (as they should!), could it be possible that they might award it to KISN? Now that would send a message, loud & clear! The Goodguys are going about this in the right way.

    Andy Brown

    “their listeners are making arguments that should impress the FCC,”

    Wrong. The FCC is an emotionless body of rules and regulations. KISN has done what needs to be done to make their Petition successful. No one at the FCC will be “impressed,” least of whom is the GOP bozo that leads the FCC. Unfortunately, there is an abundance of case law that can sometimes cause the most well written petition to be set aside in favor of some other rule. With all due respect, msndr, they (FCC) couldn’t care less about LPFM. It’s Congress that passed laws that the FCC are ignoring. Read that first petition I posted. That is the big wake up call for the FCC. And no, the FCC does not “award” locations to anyone. You have to apply for them, as Bustos has done. It’s the FCC that is allowing these problems to be caused by not adhering to the Congressional Act that created LPFM service.

    Andy Brown

    Here’s a snapshot of translators within 100 km of Stonehenge:

    Bustos has 4 applications (some are listed twice due to AM Revitalization procedures whereby an initial application may be filed without certain parameters specified and then follow up with a more detailed application, so e.g. their 94.9 and 95.1 applications are really just one, not two, services applied for).

    Andy Brown
    Andy Brown

    KXRU filed against Bustos’ 105.5 pipe dream with a home run (again). Way to go, Ed! There’s not much chance Bustos will get 105.5.




    Todd Urick (Prometheus Project) gets better with age. But Todd, arguing Local Community Radio Act Section 5 does not trump:

    47 CFR §73.809 Interference protection to full service FM stations.
    (a) If a full service commercial or NCE FM facility application is filed subsequent to the filing of an LPFM station facility application, such full service station is protected against any condition of interference to the direct reception of its signal that is caused by such LPFM station operating on the same channel or first-adjacent channel provided that the interference is predicted to occur and actually occurs within:
    (1) The 3.16 mV/m (70 dBu) contour of such full service station;

    Two Formal Complaints cite LCRA 5.3
    FM translator stations, FM booster stations, and low-power FM stations remain equal in status and secondary to existing and modified full-service FM stations.

    Equal status relies on the FCC to make “such decisions [are made] based on the needs of the local community;” as to which application is granted. While the best of Denial Petitions argument bolster is “Thus, applicants in general do not determine what spectrum LPFM and translators can use; the community does.” is specious innuendo. This is a direct conflict of Federal Public Policy, Courts and Congress.
    FCC determines which gets what ‘spectrum’. And for two decades since the 1996 Telecommunications Act, balance weighs in favor ‘female / minority preference’. Latino and Hispanic ownership levels are still below the national population averages.
    APANO [KVBE-LP] can make the same claim. However, LPFM co-channel 60/40 dBu contour argument APANO presents is backwards. Proposed Bustos Media FM translator will experience interference from both KVBE-LP and / or KISN-LP.
    We knew this was going to happen a decade ago. AM Revitalization Plan II grants more broadcast FM channels. Metropolitan markets (PDX) with an already full broadcast FM spectrum, Commercial and NCE radio stations have priority over LPFMs despite the LCRA, NTIA, 47 CFR §3615, Expanding Broadcast Ownership Opportunities Act of 2017, Prometheus v. FCC and, what started this mess, Metro Broadcasting, 497 U.S. & Adarand 115
    S[upreme] Ct.

    While Complainants offer listener declaration petitions, so could Bustos with far larger numbers. Even our KISN Good Guys.

    Yes, Bustos is fishing for more FM spectrum. Works for them these days. What they did in the Seattle metro area was amazing.


    Now I am curious what they did in Seattle. Can you share the story?


    Bustos Media gets back from Adelante Media KMIA-AM, Auburn – WA. [1210 kHz at 22.5 kW day and now .220 kW night]
    2016, Commish grants Bustos three FM ‘fill-in’ translators within both day and then 10 kW night 60 dBu Service Areas. Commish then grants day/night transmission co-location to the day site at 220 Watts night. Bustos selsl the old night transmission night real property.
    KDDS-FM, Elma – WA. [98.3 mHz at 64 kW ERP].
    2016, FCC grants four FM boosters to cover the I-5 corridor from Auburn to near Everett. Some say boosters now cover far outside the KDDS-FM 60 dBu Service Area.
    KZNW-FM, Oak Harbor – WA. [103.3 mHz at 1.4 kW ERP]
    2018, Bustos purchases KCMQ-FM then flips to new call sign and format. Adjacent channel LPFM is nudged out of the way with a small $1,031 contribution.

    Auburn, Elma, Oak Harbor. Yes, are all ‘rim shots’. Yet, after five years and near three million dollars, there ain’t many places in west Reverend Doctor Martin Luther King Jr. and chunks of Pierce or Snohomish counties where you can’t hear GranD or Zeta.
    Most aggressive broadcast radio company I have seen in decades.


    KZNW-FM could pump up the power to near 2.7 kW without much difficulty. May have to donate to another LPFM to have it move.

    Andy Brown

    In your initial post in this thread, cbaravelli, you wrote:

    “Todd Urick (Prometheus Project)”

    Todd is with Common Frequency, not Prometheus.

    “arguing Local Community Radio Act Section 5 does not trump:

    47 CFR §73.809”

    We’re out of kewpie dolls, but you don’t get one because this thread is about what’s happening around Portland which is more about 74.1204(f) and does not involve any primary service licensees (full power stations) (yet).

    This thread is about how Salem Media and Bustos have already failed at applying to squeeze in another secondary service between two existing (licensed) secondary services and will continue to fail where proper redress through 74.1204 is filed in the form of either a Petition To Deny or an Informal Objection. Bustos’ correspondence folders on many of their AM Revitalization applications are full of such filings. Most of what you wrote in your initial post is simply non applicable in the cases we’re discussing. The fact that Bustos or anyone else applying for one of these translator move ins are doing it for a full power AM does not add any weight to their application. It’s still a translator they want and that is secondary service as you know.

    With respect to the joint petition, its importance is not what you wrote about. It’s about throwing down a spike strip that must be removed before ANY of the affected applications (all of them) can be granted. That delay is what they wanted. Your details, taken in a vacuum, have importance but not in this case, at least not yet. The FCC must address this both ways, the way you addressed but also the way each of the petitions and objections have had to be filed and the fact that many of the translator applications were accepted for filing when they in some cases totally ignored spacing rules. As far as 73.809, 73.207 and 73.215, you can not submit a spacing exhibit that shows short spacing and then never address it somewhere in the application when you are applying for a secondary service and it is short spaced to other secondary services already licensed (like you can when you are filing a 301 form but even then most good tech exhibits mention them). This is about Bustos and 349 forms and trying to fast track their bandwidth desires by working fast and hoping the affected LPFMs will not be monitoring their fences. Bustos knows they have ignored some of their own spacing findings. I already reported that here on the forum. EOD


    17. Accordingly, IT IS ORDERED that the Petition for Reconsideration filed by Prometheus on April 10, 2017, IS DENIED.
    18. IT IS FURTHER ORDERED that the Petition for Emergency Partial Stay and Processing Freeze Pending Review of Petition for Reconsideration filed by Prometheus on April 3, 2017,
    19. IT IS FURTHER ORDERED that the Motion for Extension of Time filed by Prometheus on May 11, 2017, IS DISMISSED AS MOOT.

    Andy Brown

    Only took the FCC one year for that one. It will be interesting to see how long it takes them to parse through the Informal Objection recently filed by Prometheus, et. al. against all the pending AM Revitalization translator applications on file. My guess is not as long.


    They filed against a few small town AMs in Idaho, where there’s been nearly zero interest in LPFM even with frequencies available.


    Granted. Common Frequency’s Todd Urick and Paul Bame is with Prometheus. Together again for the first time on
    My bad. Still, Mr. Urick is becoming quite good at whatever it is he does.

    47 CFR §73.809. Precise point why KYTE-AM will be granted a translator. It is a FULL SERVICE STATION. They write rules and regulations for a reason. Read the darn thing.

    FM boosters, translators and community low powers are all secondary services. But they are not all equal in priority. Andy, you know that.

    You do identify the crux. Clash between protected minority groups. Which is more worthy? Ukrainian Chatka music or Mexican Polkas? Little doubt which previous Administration and Commish would favor. Who knows what this FCC will do.

    Sorry, Good ol’ Guys. Even with the Frieda Payne and Los Lobos on the air, KISN-LP don’t stand a chance.

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