The point is the FCC approved the station according to the Rules they created. Paper and reality are two different things. I know that. Consider, as well, the FM translator group may not have built to the specs of the CP or simply made an error in, say, mounting the antenna(s). I have seen some big mistakes made by the FCC (as rare as they are considering the workload). For example, a translator in Dilley, Texas claimed to be retransmitting a Houston radio station, claiming they are receiving 'off air' the AM station they are translating. There's a problem. The station they claim to be translating is blocked by another radio station on the same frequency. To see what I mean, pull up a map and locate Dilley and Cypress, Texas (Houston). There is a station on the same frequency in Stockdale. Nobody at the FCC looked. At any rate, there are procedures for an encroaching translator but no matter what, you're in for a fight and a good chunk of change to defend your claim. Then, if you're lucky, a year or so later, the problem is solved well after the damage has been done.