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Third and fourth adjacent rules for up coming educational band translator window

When I read the FCC rules prohibiting overlap of a proposed translator with an existing full power station on a third or fourth adjacent channel I wonder if there is an exception to the rule because where I live there are many translators operating in violation of the rules relative to third and fourth adjacent channels. In one case we have a full power on 104.7 and a translator on 105.1 located on the same tower! Anybody know what's up with that? Thanks Bob
 
Let’s see if I can explain this assuming that the translator wasn’t licensed under the rules prior to 6/1/91 and the full-power station is not a Class B or Class B1 (which have slightly different rules). To be licensed, on a second adjacent or third adjacent channel (400 kHz. or 600 kHz. away) the translator’s 100 dBu contour can’t overlap the full-power station’s 60 dBu contour (a 40 dB difference). In practice - due to the power levels involved, the type of the translator’s antenna, and the height of the translator’s antenna - the translator’s 100 dBu contour can be engineered to be “in the air” and not reach the ground or any building where a receiver might be. The FCC allows a waiver of the overlap that occurs above ground or building level. As long as the co-channel and first adjacent channel interference requirements are also met, the translator can be licensed. Second adjacent translators are common around antenna farm areas where the full-power station is close by and the translator’s interfering contour can be kept from reaching the ground or buildings.
 
I am reasonably certain that waiver has been applied to many of the Albuquerque translators up on Sandia Crest. It's so high up, the prohibited interference never extends to ground level.
 


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