In December 2017, the operator of a noncommercial Adult Hits LPFM covering northwest Raleigh, D.C., with 100 watts challenged a Media Bureau ruling that benefited two licensees tied to Curtis Media Group.
According to the Bureau, Curtis — the operator with the highest market share by owner in the most recent Nielsen Audio ratings for Raleigh-Durham — was not required to submit a technical need showing to hold licenses for seven “fill-in” FM translators.
The LPFM operator sought an Application for Review. It’s not getting one.
WRLY-LP 93.5, branded as “Oak 93.5,” is best-described as a “Jack FM” for North Carolina’s Triangle region. The 2pm hour on Friday (7/6) featured Starship’s “Nothing Gonna’ Stop Us Now,” Marvin Gaye’s “I’ll Be Doggone,” Lovin’ Spoonful’s “Daydream,” ZZ Top’s “Tube Snake Boogie,” and Def Leppard’s “Too Late For Love.” Also in the 30 minute set: a ballad from Taylor Daene and the Jackson’s “Shake Your Body (Down To The Ground).”
It is operated by Triangle Access Broadcasting, which filed an AFR in response to a Nov. 29, 2017 letter decision by the Audio Division that upheld on reconsideration the Bureau’s grants of applications for a “license to cover” W251CA at 98.1 and W254AS at 98.7 in Rolesville, N.C., covering the Wake Forest area; and W228CZ in Cary, N.C.
The latter translator is assigned the 93.5 MHz position, and covers areas south of Raleigh and Cary — areas Oak 93.5’s signal doesn’t reach.
This fact weighs heavily on Triangle Access’ efforts, and why it is displeased that Curtis is not required to submit a technical need showing to hold licenses for seven “fill-in” FM translators located within the protected 60 dBU contour of primary station WQDR-FM 94.7, Curtis’ Class C Country giant.
When the Commission adopted in 1970 Section 74.1232(b) p of its rules, it explained that a showing of technical need is “required only where the same programming would be provided to substantially the same area.”
In acting on the Applications, the Bureau relied on a longstanding staff processing standard to interpret “substantially the same area” to mean a 50% or more contour overlap between the relevant translators’ 60 dBu signal contours.
The Bureau also concluded that each digital subchannel constitutes a separate “signal” for the purposes of the technical need rule, meaning that a showing of technical need is not required for two or more co-owned translators that serve substantially the same area but rebroadcast different digital subchannels.
In this case, the only two WQDR translators with a more than 50% overlap (W254AS and W251CA) rebroadcast different digital subchannels.
W251CA is a home for WQDR-HD2, which rebroadcasts Oldies WPTK-AM 850; W254AS airs WQDR-HD3, which rebroadcasts News/Talk WPTF-AM 680.
Given the scenario, the Bureau found that no technical need showings were required in order to grant the Applications.
In the Application for Review, Triangle argues based on the text of Section 74.1232(b)
that an applicant’s first application for an FM translator within the primary station’s service contour does not require a showing of technical need, but any subsequent application from the same applicant for an additional FM translator within such contour must include a showing of technical need.
Triangle also claimed that the Bureau erred by interpreting “substantially the same area” as a 50% or more contour overlap between the subject translators.
Further, Triangle argued that the WQDR translators, collectively, form a “de facto” full service FM station and thus should not be permitted.
Upon review of the Application for Review and the entire record, the Commissioners concluded that Triangle has not demonstrated that the Bureau erred.
“We affirm the Bureau’s conclusion that no showing of technical need was required here
because the translators at issue do not provide the same programming to ‘substantially the same area,'” the Commissioners ruled.
Lastly, the Commissioners said, “The mere fact of one party owning multiple translators that rebroadcast the same programming, as here, does not in and of itself raise concerns regarding abuse of the Commission’s Rules.”
