Skip Navigation

Federal Communications Commission

English Display Options

Commission Document

Auction 83 FM Translator Application Caps Public Notice

Download Options

Released: January 8, 2013

PUBLIC NOTICE

Federal Communications Commission
445 12th St., S.W.

News Media Information 202 / 418-0500

Internet: http://www.fcc.gov

Washington, D.C. 20554

TTY: 1-888-835-5322

DA 13-18

January 8, 2013

MEDIA BUREAU OFFERS EXAMPLES TO CLARIFY AUCTION 83 FM TRANSLATOR

APPLICATION SELECTIONS AND CAP SHOWINGS REQUIREMENTS

On December 21, 2012, the Media Bureau (Bureau) released a Public Notice announcing the January 10 –
January 25, 2013 filing window for application selections and cap showings required of certain Auction
83 FM translator applicants.1 The Translator Showings Public Notice provides detailed information on
the national and per-market cap implementation procedures recently adopted LPFM Fifth Order on
Reconsideration
.2 The Bureau has received numerous questions concerning the upcoming filing
requirements. To assist existing FM translator applicants, the Bureau has prepared the following
examples to clarify and illustrate the required submissions. The examples provided in the Attachment are
intended to provide general guidance reflecting the staff’s initial interpretation of the application
selections and cap showings procedures. They are not intended to establish binding precedent. The staff
will make specific rulings in response to actual selections and submissions on a case-by-case basis.
For further information, contact James Bradshaw or Robert Gates, Audio Division, Media Bureau, (202)
418-2700.

1 Media Bureau Offers Announces January 10 – January 25, 2013 Filing Window for Auction 83 FM Translator
Application Selections and Cap Showings
, Public Notice (MB rel. Dec. 21, 2012) (DA 12-2073) (“Translator
Showings Public Notice
”).
2 See Creation of a Low Power Radio Service, Fifth Order on Reconsideration and Sixth Report and Order, FCC 12-
144 (rel. Dec. 4, 2012) (“Fifth Order on Reconsideration”).

ATTACHMENT

The following definitions apply to the examples below:

Application –

Any pending short form proposal from the 2003 Auction 83 application window or related
Form 349 application.

Appendix A

Creation of a Low Power Radio Service, Fourth Report and Order and Third Order on
Reconsideration, 27 FCC Rcd 3364, 3398-3402 (2012).

Appendix A Market

– Any Arbitron market listed in Appendix A.

Inside a Market

– A transmitter site located within the boundaries of any Appendix A market.

Outside all Appendix A Markets

– A transmitter site located outside the boundaries of ALL Appendix
A Markets.

In Grid

– A transmitter site located within the 20x20 or 30x30 minute grid that was used to determine the
status of each Appendix A and Appendix B market as “spectrum limited” or “spectrum available.” All
markets indicated as “spectrum limited” on Appendix A used 30x30 minute grids. All other markets are
listed in Appendix B, far right column, as “30 min.” or “20 min.”

Out of Grid –

A transmitter site which is not In Grid.

In Buffer

– A transmitter site within 39 km of the grid used to assess the status of a market as “spectrum
limited” or “spectrum available” in Appendix A or Appendix B.

Protected Contour

– 60 dBµ contour calculated in accordance with 47 C.F.R. § 74.1204(b).

No Overlap Showing

– A showing that the Protected Contour of an Application does not overlap the
Protected Contour of any other Application of that applicant or the Protected Contour of an FM translator
authorization held by that applicant as of December 4, 2012. Showing applies to certain Outside all
Appendix A Markets Applications and certain Inside a Market Applications.

National Cap Transmitter Site Showing

– A showing that at least one LPFM channel would remain at
the transmitter site if the Application is granted or that no LPFM channel would remain at the transmitter
site if the Application is dismissed. Showing applies only to Applications Outside all Appendix A
Markets and only if applicant prosecutes more than 50 Applications.

Appendix A Grid Preclusion Showing

– A showing that the Application would not preclude any future
LPFM licensing opportunities at any In Grid location for that Appendix A Market. Showing is required
for all Applications in a market if Applicant prosecutes more than one Application in that Appendix A
Market.

Appendix A Transmitter Site Showing

- A showing that at least one LPFM channel would remain at the
transmitter site if the Application is granted or that no LPFM channel would remain at the transmitter site
if the Application is dismissed. Showing applies only to Applications Inside a Market and only if
applicant prosecutes more than one Application in such market.

National cap-related examples:

Example 1 (Applicant with 71 Applications – all Outside all Appendix A Markets):

The applicant may only prosecute 70 Applications nationwide. The applicant must select 70 Applications
to prosecute and/or one Application to dismiss. Failure to do so will result in the dismissal of the last-
filed Application. The applicant also must submit a No Overlap Showing and a National Cap Transmitter
Site Showing for each of the 70 Applications. Failure to do so will result in the dismissal of all but the
first 50-filed Applications.

Example 2 (Applicant with 55 Applications in Appendix A Markets):


The applicant may only prosecute 50 Applications within Appendix A Markets. The applicant must
select 50 Applications to prosecute and/or five Applications to dismiss. Failure to do so will result in the
dismissal of the five last-filed Applications.

Example 3 (Applicant with 50 Applications – all Outside all Appendix A Markets):

The applicant need not submit any showing at this time for any of these 50 Applications.

Example 4 (Applicant with 51 Applications - all Outside all Appendix A Markets):

The applicant must submit a No Overlap Showing and a National Cap Transmitter Site Showing for each
of the 51 Applications. Failure to do so will result in the dismissal of the last-filed Application.

Example 5 (Applicant with 70 Applications – all Outside all Appendix A Markets):

The applicant must submit the showings listed in Example 4, above, for each Application. Failure to do
so will result in the dismissal of the last 20-filed Applications.

Example 6 (Applicant with 40 Applications in Appendix A Markets and 11 Applications Outside all
Appendix A Markets):

The applicant must submit a No Overlap Showing and a National Cap Transmitter Site Showing for each
of the 11 Outside all Appendix A Market Applications. Failure to do so will result in the dismissal of the
last-filed Outside all Appendix A Market Application. No showings are required at this time for any of
the 40 Applications in Appendix A Markets, provided that each Application is in a different market.

Appendix A Markets cap-related examples:

Example 7 (Applicant with four Applications in an Appendix A Market):

Only three Applications are allowed per market. Applicant must pick three to prosecute and/or one to
dismiss. Applicant must submit an Appendix A Grid Protection Showing, an Appendix A Transmitter
Site showing and a No Overlap Showing for each Application that it chooses to prosecute. Failure to
make a selection or to submit the necessary showings will result in the dismissal of all but the first-filed
Application from that market.

Example 8 (Applicant with one Application in an Appendix A Market):

The applicant need not submit any showing at this time for this Application.

Example 9 (Applicant with one Application each in three different Appendix A Markets):

The applicant need not submit any showing at this time for any of these three Applications.

Example 10 (Applicant with three Applications in an Appendix A Market):

The applicant must submit a No Overlap Showing, an Appendix A Grid Preclusion Showing and an
Appendix A Transmitter Site Showing for each Application. See Example 12, below, for details. Failure
to submit the necessary showings will result in the dismissal of all but the first-filed Application.

Example 11 (Applicant with two Applications in an Appendix A Market):


The applicant must submit a No Overlap Showing, an Appendix A Grid Preclusion Showing and an
Appendix A Transmitter Site Showing for each Application. See Example 12, below, for details. Failure
to submit the necessary showings will result in the dismissal of all but the first-filed Application.

Example 12 (the Atlanta Arbitron Metro map (the counties mapped above) with overlays of the
Grid and 39 km buffer. For all of the following examples, applicant is prosecuting the 5
Applications (A, B, C, D and E) depicted above. Sites A, B and C are Inside the Atlanta Market.
Thus, this applicant’s failure to submit all necessary showings with respect to Applications A, B and
C will result in the dismissal of all but the first-filed of these three Applications. See Example 10,
above. Sites D and E are Outside the Atlanta Market. Thus, this applicant may choose to
prosecute all five Applications, provided that the Applications D and E do not conflict with the
National Cap Conditions and Local Cap Conditions.3 In this example, Sites D and E are Outside all
Appendix A Markets. Applicant also is prosecuting 51 Applications nationwide:

Applicant must submit a No Overlap Showing for Applications A, B and C. This showing is also
required for Applications D and E because those Applications are Outside all Appendix A
Markets and the applicant is pursuing 51 Applications. (A No Overlap Showing is only required
for Applications Outside all Appendix A Markets if the applicant is pursuing 51 or more
Applications nationwide.)

In addition:

Example 12a Application A (In Grid and In Market):


3 See Translator Showings Public Notice at 2-3.

This Application is counted toward the Atlanta Market Cap.4 Applicant must submit an
Appendix A Grid Preclusion Showing and an Appendix A Transmitter Site Showing.

Example 12b Application B (In Buffer and In Market):

This Application is counted toward the Atlanta Market Cap. Applicant must submit an Appendix
A Grid Preclusion Showing and an Appendix A Transmitter Site Showing.

Example 12c Application C (Not In Buffer and In Market):

This application is counted toward the Atlanta Market Cap for this applicant. Applicant must
submit an Appendix A Grid Preclusion Showing. The following would be a sufficient showing:
“Transmitter site is 39 kilometers or more from any In Grid location and therefore cannot
preclude any LPFM licensing opportunity in the grid in this Appendix A Market.” Applicant
must also submit an Appendix A Transmitter Site Showing.

Example 12d Application D (Not In Buffer and Outside all Appendix A Markets):

This application is NOT counted toward the Atlanta Market Cap. Applicant is NOT required to
submit an Appendix A Grid Preclusion Showing. However, this applicant is required to submit a
National Cap Transmitter Site Showing because the applicant is pursuing 51 Applications
nationwide.

Example 12e Application E (In Buffer and Outside all Appendix A Markets):

This application is NOT counted toward the Atlanta Market Cap. The applicant is NOT required
to submit an Appendix A Grid Preclusion Showing because the Application is not located Inside
a Market. However, this applicant must submit a National Cap Transmitter Site Showing because
the applicant is prosecuting 51 Applications nationwide.

4 See id. at 1.

Note: We are currently transitioning our documents into web compatible formats for easier reading. We have done our best to supply this content to you in a presentable form, but there may be some formatting issues while we improve the technology. The original version of the document is available as a PDF, Word Document, or as plain text.

close
FCC

You are leaving the FCC website

You are about to leave the FCC website and visit a third-party, non-governmental website that the FCC does not maintain or control. The FCC does not endorse any product or service, and is not responsible for, nor can it guarantee the validity or timeliness of the content on the page you are about to visit. Additionally, the privacy policies of this third-party page may differ from those of the FCC.