REC calls on FCC Media Bureau to clarify the point system criteria for translator window
The Media Bureau's criteria for claiming "diversity" points in the window public notice is inconsistent with the original rule. REC also issues statement on CBI's request for a delay.
On Wednesday, June 24, 2026, REC Networks has informed the staff at the Federal Communication’s Media Bureau (Bureau) Audio Division as well as the Acting Chief of the Media Bureau regarding a serious discrepancy in the recent Public Notice under delegated authority, announcing the procedures for the upcoming 2026 NCE Reserved Band FM Translator Filing Window (FX2026) and has asked for immediate clarification and an erratum (correction document) issued to reflect the Commission’s original 2000 intentions in respect to the point system for mutually exclusive (MX) applicants.
FX2026 will use the same point system that is also used for for full-service NCE FM filing windows, such as the 2021 NCE FM Filing Window (NCE2021). The point system can be found in §73.7003(b) of the FCC Rules. A translator rule, §74.1233(e)(3) specifically states that “the FCC will apply the same point system identified for full service reserved band FM stations in §73.7003(b)”.
Understanding the point system
The NCE point system different than the more simplified point system used for LPFM, but it includes the following elements:
Established local ownership (3 points) for applicants who for the past two years have had either a headquarters or residences of 75% of the board members within 25 miles of the reference coordinates for the community of license (or in the case of translators, the translator site if there are no reference coordinates for the community served, such as in some rural areas, like Riverton, MD).
Local diversity of ownership (2 points) for applicants that have no other attributable (co-owned and partially co-owned) interests that have a certain field strength contour that overlaps a certain field strength contour for the proposed translator.
State-wide network (2 points) for large school or university systems who use their station for over the air academic instruction to remote campuses (awarded in lieu of the diversity of ownership points).
Technical points (1 or 2 points) based on whether the area and land population of the proposed facility exceeds 10 or 25 percent of the area and land population of the next lower ranked proposal by both land area and population.
If an MX applicant is not able to find an engineering solution that will resolve their conflict, the point system is then utilized. The applicant with the most points will be the tentative selectee. If there is still a tie, the tiebreaker protocol described in §74.1233(e)(3)(i),(ii) and (iii) will be used.
REC raised a serious concern regarding the Public Notice language as it relates to the diversity of ownership point criteria.
Diversity of ownership points
The diversity of ownership points are intended to give preference to applicants who propose a facility in an area where they do not have any other broadcast holdings either directly under the same organization or indirectly though a subsidiary or a common board member with a different organization. Diversity is achieved if a specific field strength contour of the proposed facility does not overlap in any way with a specific field contour of the other broadcast holding.
The definition of those field strength contours that were published by the FCC in the public notice is the issue that is currently under contention at this time.
Specifically, on page 7 of the Public Notice, the Media Bureau stated:
To qualify for the two points for “diversity of ownership,” an applicant must certify that the 60 dBu contour of the proposed NCE FM translator station does not overlap with (1) the principal community contour of any full-service or LPFM radio station, or (2) the 60 dBu contour of any non-fill-in FM translator station, in which the applicant, or any party to the application, holds an attributable interest.
In footnote 27 on the same page, the Bureau further states what a “principal community contour” is:
The principal community (city grade) contour is the 3.16 mV/m [(70 dBu)] for full service commercial FM stations calculated in accordance with section 73.313(c) of the rules. See 47 CFR § 73.7003(b)(2). The principal community contour for NCE FM stations is the 1 mV/m (60 dBu) contour, per section 73.515 of the rules.
In footnote 28, the Bureau completely forecloses any opportunity for an LPFM station to ever be able to claim diversity points:
[T]he LPFM-FM translator station cross-ownership requirements of section 73.860(b)(1) will preclude an LPFM licensee applicant from claiming points for diversity of ownership.
The specific rule regarding the diversity points, §73.7003(b)(2) states, in part:
Two points for applicants with no attributable interests, as defined in § 73.7000, in any other broadcast station or authorized construction permit (comparing radio to radio and television to television) whose principal community (city grade) contour overlaps that of the proposed station. The principal community (city grade) contour is the 5 mV/m for AM stations, the 3.16 mV/m for FM stations calculated in accordance with § 73.313(c), and the contour identified in § 73.618(a)-for TV. Radio applicants will count commercial and noncommercial AM, FM, and FM translator stations other than fill-in stations.
In other words, the actual codified rule states that the 3.16 mV/m (70 dBu) contour is used for “FM stations”, it does not distinguish between noncommercial or commercial stations, or for that matter, LPFM and other FM translator stations (the writing of this rule was right around the time when LPFM was originally created and at the time of the writing of the rule, LPFM stations could not cross-own FM translators).
AD: Progressive Concepts distributes the BW TX series of transmitters in the United States. Use coupon code REC or ask for the REC Networks Discount when calling to order and receive a 5% discount on BW transmitters. This also helps out REC’s advocacy efforts. https://progressive-concepts.com 630-736-9822.
The similar notice for the 2021 NCE (full-service) Filing Window was completely silent on the field strength requirements (see pages 8 and 9). As REC had experience filing in that window and tracking other applications filed, we can attest that the 70 dBu contour was used for all stations for determining the diversity of ownership point claim.
After researching the issue, we came across the original Report and Order from 2000 that established the point system that is still being used to this day (there has never been any changes in the structure of the point system in the 26 years it has been around). In paragraph 36 on page 7402 of that document, the FCC explains in detail why the 70 dBu contours were used instead of the 60 dBu contours.
We specifically note that the principal community contour that we are using for purposes of determining this diversity credit, is smaller than the contours we will use for the purposes of determining whether a radio applicant should prevail based on fair distribution or whether a radio or television applicant shall receive any points for its technical proposal. We have decided for purposes of considering diversity points, not to use the larger contours (such as the 1 mV/m contour for FM radio [..]), which are used for applying other points. Use of the larger contours could preclude existing licensees from receiving diversity points, even if their stations are relatively distant from the proposed new station and thus share few potential listeners. [..] We also note that, for radio, use of the principal community (city grade) contour follows existing policy, in which the commission examines a somewhat smaller area for purposes of applying our commercial radio multiple ownership rules than examining service area for our technical rules and fair distribution.
The difference between the 60 and 70 dBu contours
The 70 dBu contour is also called the “city grade” contour. It is commonly used in commercial radio rules as the area where the station’s community of license must be located and is also used in connection with the commercial broadcast ownership rules. The 70 dBu contour is considerably smaller than the 60 dBu contour. For example for LPFM on “flat earth” (all directions are less than 30 meters height above average terrain), the 60 dBu contour extends to 5.636 km (about 3 1/2 miles) where the 70 dBu contour only extends to 3.152 km (about 2 miles).
In this example below, we show two hypothetical translator proposals for an LPFM station along with the 60 dBu contour (green) and the 70 dBu contour (orange):
In the FCC’s misinterpretation of the diversity point rule, neither translator could claim diversity points because the 60 dBu contours (green) of the translators overlap the 60 dBu contour of the LPFM station (WVWA-LP). For the rule to be followed correctly, we need to look at the orange contours (70 dBu). In the case above, the proposed translator for “Laurel”, while complaint for LPFM under §73.860(b) because of overlapping 60 dBu contours would be able to claim diversity points since the 70 dBu contours do not overlap. The “Galestown” proposal would not be able to claim points at 70 dBu because there is a slight overlap in contours to the south west of the translator.
The FCC Media Bureau needs to fix this issue
This issue was independently discovered by Michael Brown of Brown Broadcast Services and Michelle Bradley, CBT of REC Networks. Michael Brown had reached out to REC regarding this issue and did assist in some of the legal research that was needed in order to build out case.
We are asking that the Media Bureau look into this issue and to issue an erratum or subsequent public notice to clarify the actual codified rule and the FCC’s original intentions and to change their public notice to clarify that the diversity points are based on the 70 dBu contour instead of the 60 dBu and that there is an avenue for which LPFM stations would be able to claim diversity points.
We do note that the clarification that REC is asking for will also positively impact FM translators for full-service NCE licensees as it reduces the area for diversity claims, consistent with the previous NCE filing window.
REC has received acknowledgement of our letter from the Media Bureau on Thursday, June 25 and states that they will look at it in the next week.
REC statement on CBI’s call to delay the filing window
REC has been made aware that College Broadcasters Inc. (CBI) has requested a delay of the start of the filing window until later in the year (such as November) due to the fact that many educational institution broadcast licensees (full service and LPFM) may not have the resources available to participate in the filing window over summer vacation.
REC has also been questioning the timing of this window. In the 2023 LPFM Filing Window, we had a notice announcing the dates in June and the window was going to be held in November (was delayed to December at the request of grassroots advocates). In FX2021, the announcement came out in April for a November window. In this case, we received a June notice for an August window.
While delaying the window will extend the amount of time applicants need to get budget approvals and other “green lights” and it will relieve those who actually file the applications (such as REC), we are also in a race against the clock where it comes to the pendency of low power TV and TV translator construction permits that were filed earlier this year when the FCC Video Division lifted a long standing filing freeze on such applications. Those applications only need to be protected once they have been granted and do not need to be protected while still pending. So far, the Video Division has granted 60 applications, including one on channel 6 (Boise, ID).
REC agrees with CBI that the window should be delayed in order to accommodate schools and the delay will provide application preparers some additional time. It will also give other advocacies more time to inform stations of the filing window opportunity.
REC will agree with a delay of the filing window to October or November, consistent with previous windows. We will NOT agree to a delay of the window into the 2027 calendar year as proposed by some grassroots advocates.
Original letter sent from REC to the FCC Media Bureau
June 24, 2026
Good morning from Riverton.
There are a couple of us (including myself), who independently have concerns in regards to the wording of the public notice (DA 26-601, MB, Jun 17, 2026) where it comes to the point claims for ownership diversity.
On the PN at 7, it states:
To qualify for the two points for “diversity of ownership,” an applicant must certify that the 60 dBu contour of the proposed NCE FM translator station does not overlap with (1) the principal community contour of any full-service or LPFM radio station, or (2) the 60 dBu contour of any non-fill-in FM translator station.
Note 27 states that the principal community contour is 3.16 mV/m for commercial stations, citing §73.7003(b)(2) and 1 mV/m for noncommercial, citing §73.515.
When I review §73.7003(b)(2), the codified rule specifically states, in part “The principal (city-grade) community contour is [..] 3.16 mV/m for FM stations calculated in accordance with §73.313(c)...” (47 CFR §73.7003(b)(2)). The codified rule does not make any distinction between commercial and noncommercial facilities.
In the 2001 Memorandum Opinion and Order in the proceeding that established the point system (MM Docket No. 95-31), it states that the 3.16 mV/m contour will be the principal community contour. (See Reexamination of the Comparative Standards for Noncommercial Educational Applicants, MO&O, 16 FCC Rcd. 5074, 5094 (2001) at n. 35).
The decision for the Commission to specifically use the 3.16 mV/m (70 dBu) contour instead of the 1 mV/m (60 dBu) contour, even for reserved band FM facilities is explained in detail in the original Report and Order. (See 15 FCC Rcd. 7386, 7402 (2000) at para. 36, “We specifically note that the principal community contour that we are using for purposes of determining this diversity credit, is smaller than the contours we will use for the purposes of determining whether a radio applicant should prevail based on fair distribution or whether a radio or television applicant shall receive any points for its technical proposal. We have decided for purposes of considering diversity points, not to use the larger contours (such as the 1 mV/m contour for FM radio [..]), which are used for applying other points. Use of the larger contours could preclude existing licensees from receiving diversity points, even if their stations are relatively distant from the proposed new station and thus share few potential listeners. [..] We also note that, for radio, use of the principal community (city grade) contour follows existing policy, in which the commission examines a somewhat smaller area for purposes of applying our commercial radio multiple ownership rules than examining service area for our technical rules and fair distribution.”)
I am not aware of any proceeding or past precedence that has modified the Commission’s original intentions. (see also LPFM Admin Order, 34 FCC Rcd. 12519 (2020), et. seq. and Advancement of the Low Power Television, TV Translator and Class A Television Service, Order, 40 FCC Rcd. 10396 (2025), et seq., the only two orders that had made amendments to §73.7003 since the 2001 MO&O).
I further note that the similar Public Notice for the 2021 NCE Filing Window was completely silent on the size (field strength) of the contour to be considered when claiming diversity points (see 36 FCC Rcd. 11458, 11465-11466 (2021) at p. 8).
As such, it is my position here that the Bureau (under delegated authority) erred in the NCE Reserved Band FM Translator Window Public Notice by incorrectly stating that the 60 dBu contour is to be used for determining diversity of ownership (PN at 7) and thus, due to the limitations for LPFM stations in §73.860(b)(1), that LPFM stations would never be eligible for diversity points (PN at n. 28).
From my reading of the past proceedings, I interpret the Commission’s intentions in the proceedings to establish the point system was to use the 70 dBu (3.16 mV/m) contours for all FM facilities (full-service commercial, full-service NCE, LPFM and non fill-in translator) for the sole purpose of determining eligibility for the points for local ownership diversity, pursuant to 47 CFR §73.7003(b)(2) as opposed to using the 60 dBu contour for noncommercial facilities, including LPFM.
In other words, if the 70 dBu contour of the proposed translator has no overlap with the 70 dBu contour of an LPFM facility (3.152 km in flat earth conditions), then an LPFM station can claim the diversity points. Likewise with the 70 dBu contour of the proposed translator not overlapping the 70 dBu contour of a commonly-owned NCE (reserved band) station.
Based on the information stated, I do feel that there may be grounds for an erratum be adopted in this proceeding that clarifies the criteria for claiming of the diversity of ownership points in the upcoming NCE Reserved Band FM Translator Filing Window in order to be consistent with the Commission’s intentions in the creation of this point system 26 years ago, which for FM facilities, regardless of facility type, is 3.16 mV/m, pursuant to 47 CFR §73.7003(b)(2).
If you have any questions, comments or concerns, please let me know.