Re: LPFM? with Translators??? - Not sure about legality
> > Can an LPFM have Translators?
>
> Depends on how you interpret the applicable FCC rule... Here
> it is.
>
------------> ------------------------------------------------------------
>
>
> TITLE 47--TELECOMMUNICATION
>
> CHAPTER I--FEDERAL COMMUNICATIONS
> COMMISSION (CONTINUED)
>
> PART 74_EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND
> OTHER
> PROGRAM DISTRIBUTIONAL SERVICES--Table of Contents
>
> Subpart L_FM Broadcast Translator Stations and FM
> Broadcast Booster
> Stations
>
> Sec. 74.1284 Rebroadcasts.
>
> (a) The term rebroadcast means the reception by radio of
> the
> programs or other signals of a radio station and the
> simultaneous
> retransmission of such programs or signals for direct
> reception by the
> general public.
> (b) The licensee of an FM translator shall not
> rebroadcast the
> programs of any FM broadcast station or other FM translator
> without
> obtaining prior consent of the primary station whose
> programs are
> proposed to be retransmitted. The Commission shall be
> notified of the
> call letters of each station rebroadcast and the licensee of
> the FM
> translator shall certify that written consent has been
> received from the
> licensee of the station whose programs are retransmitted.
> (c) An FM translator is not authorized to rebroadcast
> the
> transmissions of any class of station other than an FM
> broadcast station
> or another FM translator.
>
------------> ------------------------------------------------------------
>
>
> The 64,000 dollar question is: under (c) above, does the FCC
> consider LPFM a distinct service from FM?
>
> Is an LPFM station an "FM broadcast station" because it also
> falls within the FM band (which would allow FM translators
> to rebroadcast LPFM's)?
>
> Or, is LPFM a distinct service even though it occupies the
> same band as FM, much like TV and DT are considered separate
> services, even though they occupy the same band (which would
> forbid such translator rebroadcasts of LPFM stations)?
>
> Anyone here with a clear grasp of how the FCC would
> interpret the question?
>
> Even if it is legally permissable according to the letter of
> the law, it seems to me that this was not an acceptable use
> of translators/LPFM as intended by enactment of the LPFM
> service. What do you think?
The current thought is that LPFM's cannot own translators, but may be repeated by one that is not co-owned. Full-power stations, BTW, CAN simulcast a LPFM but not the other way around.