Educational Media Foundation in April 2019 completed its acquisition of a Class C1 FM with a booming signal over the Texas Gulf Coast in a deal that signaled seller Tejas Broadcasting‘s exit from the radio business.
In doing so, it gained a big Corpus Christi, Tex., station. Now, a series of moves involving the top-rated commercially licensed FM in Austin is taking place that effectively gives EMF a city-grade signal over San Antonio.
“Mutually contingent and concurrently filed” minor modification applications were filed with the FCC by the licensee for KBPA-FM 103.5 “Bob FM” in Austin (shown as Emmis Austin Radio Broadcasting Company and today owned and operated in full by Sinclair Telecable), and by EMF for two of its stations: KXAI-FM in Refugio, Tex., and KMJR-FM in Odem, Tex.
KBPA is a Class C0 100kw monster, with its city of license as San Marcos. As such, “Bob” enjoys a signal that reaches the Austin market, covers much of San Antonio, and in the car can even be heard in Killeen and Temple, to the north of Austin.
That will soon change. The FCC gave its blessing to a plan that will change KBPA’s city of license to Austin, and give “Bob” a new Class C1 46kw signal that will no longer reach areas of San Antonio and fade in the New Braunfels area — well south of San Marcos. Further, the new signal will actually improve Bob’s northern reach.
Why is KBPA making the signal modification? EMF sought, and obtained, FCC approval to move KXAI, at 103.7 MHz, from Refugio to Balcones Heights, Tex.
This shifts Class C1 KXAI from the Corpus Christi market all the way to San Antonio, where it will enjoy a city-grade signal at 103.7 MHz.
Given KBPA’s San Marcos-based transmitter, the shift north will give KXAI’s new service to San Antonio the necessary first-adjacency protections so it may begin serving the Alamo City.
But, what about the Corpus Christi market’s listeners to KXAI, which airs EMF’s Air1 Worship Music noncomm network? Listeners may not notice any change, because KMJR — that former Tejas station — is moving from 98.3 MHz to 103.7 MHz to fill the void.
This means KMJR will likely be the Air1 affiliate, sharing the same signal as the San Antonio facility. And, given this area of Texas’ terrain and atmospheric conditions, seamless reception for long-haul drivers between the two areas is now probable.
CALL DROPPED
The proposed move of KXAI to San Antonio wasn’t welcomed by one local radio broadcast company. San Antonio Radio Works LLC on July 8, 2019 filed an objection, as it uses the 103.7 MHz frequency for FM translator K279AB to reach San Antonio’s south side with a rebroadcast of its Adult Standards KAHL-AM 1310. KAHL is also licensed to use two other translators in the San Antonio market.
Audio Division Chief Albert Shuldiner denied the objection, which sought to present a defense of FM translators against the “first fulltime aural service” regulatory policy long established by the FCC. Given this scenario, the FM translator is secondary to the plan to bring KXAI to town as a fully-licensed operation.
Addressing SARW, Shuldiner said, “Pursuant to section 309(d)(1), informal objections, like petitions to deny, must provide properly supported allegations of fact that, if true, would establish a substantial and material question of fact that grant of the application would be prima facie inconsistent with the public interest, convenience, and necessity. Objector has not met this burden.”
The arrival of KXAI also sends a message to brokers, buyers and sellers in the market of FM translators in areas where a series of modification changes could hinder operations. And, the Audio Division head says it wasn’t the Commission, but Capitol Hill legislators, that make it so.
“[S]ince FM translators are secondary to full-service FM stations, we do not accept SARW’s
argument that potential substantial loss of FM translator service and interference should be considered as a Priority (4) public interest concern,” Shuldiner said. “The Commission is subject to a Congressional directive to ensure that FM translators remain secondary to full-service FM stations.”
On the legal side, it is a win for David Oxenford of Wilkinson Barker Knauer, representing EMF. Representing KBPA is Gregory Masters at Wiley.
Representing SARW is Gary Smithwick of Smithwick & Belendiuk.
