FCC Denies Application for Review Concerning FM Translator's Encroachment on San Diego LPFM

Submitted by Todd Urick on Thu, 04/21/2022 - 16:24

On April 19 the Commission issued a judgment striking down an appeal of a LPFM being encroached upon by a newly proposed FM translator.  LPFM station KVIB-LP San Diego originally filed a Petition for Reconsideration against a new FM translator application for El Cajon, California proposed on the same channel as the LPFM.  That Petition was struck down.  KVIB-LP filed an Application for Review, appealing the decision, stating the FCC erred in their decision.  The new FM translator originally applied on another channel for which the applicant erred, as the channel was not available because it did not meet spacing requirements with the Mexican border.  The translator applicant then re-proposed the translator (to fix the error) jumping it to the channel that KVIB-LP is using.  At the same time of the proposal, KSRA-LP still also had claim to the channel.  KVIB-LP's first argument was that under the new translator interference rules, jumping to any channel on the FM band was limited to translators eliminating interference -- not to translator proposals that are defectively proposed in the first place.  Second, the amended channel the translator moved to was not available at the time it was re-proposed there. 

In response, FCC simply skirted the central issues, and did not address KVIB-LP's claim that the FCC violated the Administrative Procedure Act.  See here.