FCC to open a filing window for new reserved band FM translators in August. Imposes filing freeze.
It's showtime! For the first time in 26 years, the FCC is going to make available new construction permits in the 88.1~91.9 reserved band.
Today, the Media Bureau of the Federal Communications Commission has released a Public Notice to announce the dates of the upcoming filing window for new FM Translator stations operating in the reserved band (Channels 201~220, 88.1~91.9 MHz).
The dates for the filing window will be between August 11, 2026 and August 25, 2026.
There will also be a filing freeze affecting most secondary services (LPFM, FM Translator and FM Booster) starting on July 10, 2026 and running through the close of the filing window (August 25, 2026).
As previously discussed, this filing window is limited to the licensees or grantees of full-service noncommercial educational (NCE) FM/AM and Low Power FM (LPFM) broadcast stations. No third parties (including those seeking to acquire an existing station) may participate in this filing window.
There will be a cap of up to 10 applications per licensee (not per station) for full-service broadcast station licensees and up to 2 for most LPFM stations. LPFM permittees and licensees that meet the qualifications of being a Tribal entity may apply for up to 4 applications. Any subsequent applications that exceed these caps will be dismissed (in other words, only the first 10/2/4 applications will be allowed, everything else will be dismissed).
As previously discussed, there will be a holding period on granted translator applications. If the translator application is granted, the translator licensee must use it to broadcast the primary station (which must be authorized to the same organization) for a period of 4 years in licensed operation. Silent periods and time before the license to cover was granted does not apply to the four years. In addition, the translator cannot be assigned to a different organization during that holding period. The only exception is if the primary station and the translator are both being assigned at the same time to the same organization.
FM Translator protections are very different than LPFM and in some ways different than full-service NCE. Instead of distance separation, contours are used. Unlike full-service, contour protection is only one way. Applicants need to only demonstrate that the interfering contours of the proposed FM translator do not overlap the protected service contours of other FM stations (primary or secondary). LPFM stations that are authorized and not constructed are treated as their maximum facilities.
Unlike LPFM, FM translators do have remediation rules where if another broadcast station complains about potential or actual interference, they can submit a structured interference package to protest the translator. Remember, broadcast contours can be deceiving.
Protecting TV Channel 6
TV Channel 6 operates on 82~88 MHz, adjacent to the reserved FM broadcast band. As such, the FCC determined back in 1985 that FM stations in the reserved band must protect Channel 6 TV stations. Since FM translators are a secondary service, FM translator applications must protect not just the 9 full-service TV stations on Channel 6 but also all secondary stations including digital Low Power TV (LPTV) and TV Translator stations.
Any application located within the distance shown in §74.1205(a) of the rules to a Channel 6 station must include a Channel 6 study. The minimum distance varies by channel. In these cases, to demonstrate protection to Channel 6, the applicant must do one of the following:
Submit a contour study that shows that the 47 dBu F[50, 50] analog service contour of the digital Channel 6 station does not overlap the interfering contour shown (varies by FM channel) in §74.1205(c). (not considered a waiver)
Specify a transmitter location within 0.4 km (0.25 miles) of the Channel 6 station and include a certification that the applicant has coordinated its antenna with the affected TV station. (not considered a waiver)
Include a letter from an officer representing the Channel 6 licensee not objecting to the FM translator station. (not considered a waiver)
Request a waiver of §74.1205 with a technical study showing that there will be “no overlap with the TV6 station, lack of population, unique terrain or other factors specific to that particular location or station”. This can be interpreted to state that a downward radiation study, loosely based on what is currently done for second and third-adjacent waivers can be done. Just understand, because the undesired to desired (U/D) ratios needed on channels 201~218 (88.1~91.5) are less than what we use for second/third adjacent channel waivers, it may be more difficult to use a downward study to show a lack of interference.
REC is awaiting an answer from FCC staff as to whether a §73.525 study can be used to support a waiver request. §73.525 is the full-service FM Channel 6 protection rule and does have some flexibility.
In any case where you request a waiver, you must serve a copy of the waiver request on the licensee of the affected Channel 6 station(s).
It is not acceptable to request a waiver stating that because television is now digital instead of analog, the §74.1205 technical criteria is now obsolete and does not need to be followed. Trust me, this has been tried. The FCC even brought this up in the public notice as not being an acceptable justification for a waiver request.
LPFM specific requirements
LPFM licensees and permittees applying for FM translators should be aware of additional restrictions on the placement of the FM translator station:
The translator cannot be placed more than 10 miles (16.1 km) from the LPFM station if the LPFM is in a Nielsen Audio Top-50 metro market. No more than 20 miles (32.1 km) in all other places.
There must be an overlap of the 60 dBu contour of the proposed translator and the 60 dBu contour of the authorized LPFM station.
You must be able to receive the signal of the LPFM station at the translator site and that received signal is what must go over the air on the translator. You cannot use the internet, microwave, private IP network, etc. to deliver program content from the LPFM station to the translator.
LPFM stations equipped with HD Radio are not allowed to use the analog carrier on a FM translator to rebroadcast the HD2, HD3 or HD4 audio streams. Only the primary analog (HD1) may be rebroadcast.
Mutual Exclusive (MX) applications
Applications for FM translators that conflict with other FM translators due to contour overlap will be considered mutually exclusive (MX). It is important to remember that unlike LPFM, MX can take place not just on co- and first-adjacent channels but also on second- and third-adjacent channels. This can lead to more applications getting sucked into a larger MX group. In the event of MX, there will be opportunities to propose an engineering solution or reach a settlement agreement to reduce the size of the MX Group. Applications that have no conflicts will be considered “singleton” and would otherwise be grantable (as long as all other things are good).
It is important to realize that FM translators proposing “fill in” service will have priority over all other applications in the MX Group. The 60 dBu contour of fill in translators must be entirely inside the service contour of the primary station for FM and within the longer of the 2 mV/m daytime groundwave contour or 25 miles of an AM station. While fill in stations were originally intended to fill in gaps of coverage inside the service contour, the primary use of fill-in stations these days is to rebroadcast an AM station or the HD2/HD3/HD4 audio stream of an FM station.
If there are no fill-in applications, then we go to a point system. This point system is somewhat similar to the one used for full-service NCE FM applications (threshold fair distribution is not used for FM translators).
Established local applicant
3 points will be awarded if the applicant makes a showing that the headquarters of the organization or the residences of at least 75% of board members must be within 25 miles of the reference coordinates of the proposed community of license. You can find these reference coordinates by using the community search in FCCdata.org. If your community of license is not listed in the Census, you must state so and then base the 25 mile radius on the translator antenna location (this is something REC asked for).
You must provide documentation that demonstrates the headquarters such as official documents from the state Secretary of State office, lists of names and addresses of board members or other governance documents demonstrating eligibility.
Diversity of Ownership
2 points if a showing can be made that the 60 dBu service contour of the proposed translator does not overlap the 60 dBu service contours of any co-owned FM stations or non fill-in translators. This means that LPFM applicants cannot claim the diversity points.
Statewide Network
2 points for certain statewide networks providing programming to accredited schools. We have not seen this criteria activated in many years. Unless you are a large school system, you cannot claim these points.
Technical Points
This is similar to full service NCE. On any application for a new FM translator where technical points are being claimed, you must include the number of square km of your proposed 60 dBu contour and the 2020 population within that service contour. When computing square km, you must exclude significant areas of water.
If the best proposal based on both area and population is at least 10% better (on both criteria), then the application will receive one technical point. If both are 25% better, you will get 2 points.
Tie Breakers
If there is a tie in the point system, the first tie breaker will be the number of existing FM broadcast station and non fill-in station authorizations. The one with the fewest authorizations will be the tentative selectee.
If there is still a tie, which is the number of pending radio station authorizations the applicant has. This includes the actual application being filed as well as any others filed in this window. The one with the fewest applications will be the tentative selectee.
If there is still a tie, we will go to “first come first served”. The first application received during the filing window will be considered the tentative selectee.
Online Resources from REC
All of REC’s online resources related to this translator filing window can be found at
https://recnet.com/translators
Professional Services from REC
REC will be providing filing for LPFM and full-service FM licensees for translators in this window. For this filing window, our fee will be split. For the construction permit filing, REC’s fee is $700, which is a flat rate that includes the various “add ons” as needed. Once constructed, REC fees to file a license to cover application is $400. Unlike the past LPFM window, the license to cover application filing is not a part of the initial fee.
Those who wish to obtain services from REC can download our Information Packet, identify one or more potential sites and send an email with the information requested to lpfm@recnet.com
Unlike LPFM, we cannot easily check for availability over the phone, nor can we entertain questions like “are translators available in [city name]??”. We will need specific sites where you know where you can build. To save some trouble, LPFM stations should pre-screen their applications through LPFM Translator Prequalification Tool (for LPFM applicants) and the Translator Prequalification Tool (for all applicants).
REC Networks can be reached at 202 621-2355 or by email at lpfm@recnet.com. REC can handle FM translators for any radio broadcast service (FM, AM, LPFM).