Nielsen investigates three encoding irregularities in HOU

[Mediafrog+]

It's not agency money those scofflaws are after... it is low budget local direct "neighborhood" services and retailers.

Listening to the advertising on the various formats the translators run, you quickly realize it is all local direct accounts from small businesses.

But who are the “scofflaws”? Those formats are created by program producers who lease time on the local translators. It is the translator owner that is supposed to set up some arrangement with an originating station, whether it be an AM or a FM-HD channel. Several translators in Houston do not have any originating stations. Are the program producers culpable, or the translator owner? Or both?

A comparison could be made to someone who rents a house or apartment, or a business that leases space. If the landlord isn’t following laws and regulations, is the tenant responsible?

I will note that the 🐸 is wrong on one thing, and that the Berry Sticky is in direct correlation to the same individual who is listed as the engineer of record on the recent KAND applications being filed.

The Berry sticky was in response to a lot of things regarding translators and LPFMs that got pretty heated. I prefer not to go down those rabbit holes again, 🌹, any more than I feel like discussing the future of KFNC.😉😝

 

[Deleted member 108832]

Listening to the advertising on the various formats the translators run, you quickly realize it is all local direct accounts from small businesses.

The bottom feeders of the city. Some of them can't afford to purchase the spots anywhere else. Wouldn't even surprise me if some of those immigration services and miracle cures are being traded for the airtime to promote them.

But who are the “scofflaws”?

The translator's owner.

Those formats are created by program producers who lease time on the local translators.

The sucker.

It is the translator owner that is supposed to set up some arrangement with an originating station, whether it be an AM or a FM-HD channel.

You'd better believe it. It's your signal, and it's your responsibility to perform and exhibit within full legally-licensed parameters. That's not the programmer's or music director's job.

Several translators in Houston do not have any originating stations.

And their owned by what, 🐸? A gang of gold-plated hucksters, preaching to the most gullible of our Mexican friends and neighbors.

Are the program producers culpable, or the translator owner? Or both?

I'm sure there's a level of secrecy within the ongoing shenanigans being shared by all parties involved. The people buying the time, however, just want to get their product on the air. Hey, it isn't their dog in the fight.

A comparison could be made to someone who rents a house or apartment, or a business that leases space. If the landlord isn’t following laws and regulations, is the tenant responsible?

A mighty apt comparison at that, 🐸. Absolutely not.

I prefer not to go down those rabbit holes again, 🌹, any more than I feel like discussing the future of KFNC.😉😝

I thought so. Aren't we on to "Kiss 104.1" coming to a Houston receiver sometime soon, maybe sometime later? 🤣

 

[BamaTX]

It is the translator owner that is supposed to set up some arrangement with an originating station, whether it be an AM or a FM-HD channel. Several translators in Houston do not have any originating stations. Are the program producers culpable, or the translator owner? Or both?

Ultimately any reprimand from the FCC will go to the owner of the license. They're the ones responsible for what goes on the air in the eyes of the FCC.

After that, civil damages between the owner and the tenant would depend on the contract. If the responsibility to find an originating station falls on the tenant, then the owner could seek damages to cover his legal expenses and fines from the FCC. If the responsibility fell on the owner, the tenant could seek damages for being abruptly pulled off the air mid-contract due to the owner not keeping the station compliant.

The sucker.

For the most part, yes. There are a lot of suckers

But not all of them are "suckers". You can make money off of the translators if you're crafty enough to sell ice to an Eskimo. The issue is that many of the past operations we've seen come from people who have little to no radio experience. The true professionals who could make it work don't see the ventures as worth their time and effort. There is a middle ground for someone who has enough experience and but is also realistic about the goals you can achieve with a leased translator.

Unfortunately, Houston is the wild West of translators and it's only a matter of time before the FCC blows the whole thing up. There are so many originating stations and many of them are allegedly running overpowered or from the wrong location. I wouldn't want to be stuck holding a lease when that happens.

 

[Mediafrog+]

And their owned by what, 🐸? A gang of gold-plated hucksters, preaching to the most gullible of our Mexican friends and neighbors.

It’s too bad the various translators in and around Houston aren’t under the ownership of serious professional broadcasters. You wouldn’t have all the chaos, and perhaps there would be an interesting variety of formats that would complement existing options.

Aren't we on to "Kiss 104.1" coming to a Houston receiver sometime soon, maybe sometime later? 🤣

I will once again throw “104.1 KSBJ” out there as my fantasy speculation. Vida Unida 89.3? 91.7 Worship 24/7?🤣🤣🤣

 

[K.M. Richards]

After that, civil damages between the owner and the tenant would depend on the contract. If the responsibility to find an originating station falls on the tenant, then the owner could seek damages to cover his legal expenses and fines from the FCC. If the responsibility fell on the owner, the tenant could seek damages for being abruptly pulled off the air mid-contract due to the owner not keeping the station compliant.

And it will serve them right. If they are making money from this programming, then they should be able to afford to lease a HD2 or HD3 from one of the market FMs to be the originating station.

I think the FCC would find any provision of the "tenant" having to find an originating station to be null and void by circumventing the legal obligation for same resting with the licensee.

Let's see. FCC fine, which in this circumstance can be levied on a per-day of illegal operation up to a maximum of $2.3 million. Probable loss of the translator license itself, justified by the circumstances. A breach of contract lawsuit from every affected "tenant".

This could ultimately cost more than all the income made from the illegal activity.

 

[IngenieroPerron]

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Nielsen Acknowledges Houston PPM Encoder Misuse From Illegally Operating Translators Nielsen has issued a notice to subscribers that a pair of Houston translators were being used improperly, leading...

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[Mediafrog+]

Main article, if you don’t want to deal with FB:

Nielsen Acknowledges Houston PPM Encoder Misuse From Illegally Operating Translators

Nielsen has issued a notice to subscribers that a pair of Houston translators were being used improperly, leading to misattributed

radioinsight.com

Just like post #2 in this thread.😉

 

[2Speakers]

It’s too bad the various translators in and around Houston aren’t under the ownership of serious professional broadcasters. You wouldn’t have all the chaos, and perhaps there would be an interesting variety of formats that would complement existing options.

That would be nice, but you have to remember how all these translators were hopped in by a handful of illegitimate entities - they never built the hop sites. They only existed on paper.

"Serious professional broadcasters" couldn't compete with that, because real broadcasters had to do things by the book.

One of the fraudsters kept listing one of the stations I was taking care of at the time as its parent station on FCC filings, and the legal department for the big corporate broadcaster I worked for at the time sent me to two different hop sites to investigate and see if they were rebroadcasting us without permission. Both times I found they were not rebroadcasting us, or anyone else for that matter, because they weren't broadcasting from the hop sites at all.

They had filed for a license to cover each time, but the antennas specified on the license weren't on the tower, and there was nothing on their frequency.

For reasons that still mystify me, our legal department just sent a note to their attorney asking them to correct the station they were rebroadcasting. They had zero interest in any enforcement action against them.

The best thing would be if the FCC could just unwind everything because these translators were all hopped in fraudulently. Send the translators back to wherever they started and give the "serious professional broadcasters" a crack at hopping them in legally.

Or just delete the stupid things entirely. Because of Houston's sprawl, they would be of limited use to any legitimate broadcaster who would have to operate them within licensed parameters.

 

[HTX]

It’s too bad the various translators in and around Houston aren’t under the ownership of serious professional broadcasters. You wouldn’t have all the chaos, and perhaps there would be an interesting variety of formats that would complement existing options.

This year I have noticed through remote tuners in Louisiana some IHM HDs being off temporarily but the 3 translators still run like normal. I doubt they temporarily moved those formats to other HDs but not update the legal ID