Discussion of FCC, copyright, advertising and other legal issues of importance to radio and television broadcasters and other media companies
Principal Editor: David O’Connor
In January, the FCC announced it would be opening a filing opportunity for new FM translators to operate in the FM Reserved Band (88.1-91.9 MHz) (see our article here). Applications can only be filed by existing noncommercial station operators. Subsequently, the FCC’s Media Bureau announced that applicants would be limited to 10 applications nationwide – and low power FM operators would be allowed to file for only 2 translators (4 if they were a Tribal group)(see our article here). This week, the Media Bureau issued a Public Notice announcing more rules for the window – and setting the dates for applications. The window for filing applications will open at 12:01 a.m. ET on Tuesday, August 11, 2026, and it will close at 6:00 p.m. ET on Tuesday, August 25, 2026.
Parties can begin to prepare applications much sooner, as the application forms will be available in the FCC’s LMS database starting on July 1. Applications must include information about the applicant for a potential “points system” analysis that will be used to choose between applications that have technical conflicts that cannot be resolved by engineering changes. For more on the points system, see our articles here and here. Claims for points will be frozen at the end of the filing window, so be sure to detail your claims for those points in your initial application.
The Media Bureau did note one preference for applications that is not part of the standard points system analysis. In this window, preferences will be given for “fill-in translators” over those applications that propose to extend a broadcaster’s coverage contour. Unlike with commercial translators, translators in the Reserved Band can extend the contour of a noncommercial station. These translators can be fed by any means (including satellite delivered programming from its primary station) – not just over the air as required for most commercial translators. The Bureau’s announced preference thus will favor those applicants looking to fill in holes in their existing coverage areas, rather than those applicants seeking to expand their coverage.
The Public Notice also announced a filing freeze on any technical changes to any FM translator or low power FM station – even those operating in the commercial band – beginning July 10 and continuing until the close of the window on August 25. The FCC says that the freeze is needed to provide a stable database from which applicants and their consultants can work to prepare the applications to be submitted in the August window.
The Public Notice provides more details on the requirements for applications in the filing window and about claims for credits in the Points System analysis. Be sure to carefully read the Public Notice – and get started on applications to be submitted in the August window.
David Oxenford represents broadcasting and digital media companies in connection with regulatory, transactional and intellectual property issues. He has represented broadcasters and webcasters before the…
David Oxenford represents broadcasting and digital media companies in connection with regulatory, transactional and intellectual property issues. He has represented broadcasters and webcasters before the Federal Communications Commission, the Copyright Royalty Board, courts and other government agencies for over 30 years.
David has coordinated the purchase and sale of numerous radio and television stations, and has helped telecommunications companies, industry associations, broadcasters, educational institutions and others…
David has coordinated the purchase and sale of numerous radio and television stations, and has helped telecommunications companies, industry associations, broadcasters, educational institutions and others with FCC compliance matters and advocacy in regulatory proceedings, such as those related to new technologies, media ownership, and spectrum allocations. David also advises voice and data providers on issues related to Telecommunications Relay Services (TRS) for the deaf and hard of hearing, including Internet-based Video Relay Services (VRS) and IP Captioned Telephone Service (IP CTS), and otherwise helps clients with all of their FCC-related needs.
David is a partner at the law firm of Wilkinson Barker Knauer LLP, practicing out of its Washington, DC office. He has represented broadcasters for over 30 years on a wide array of matters from the negotiation and structuring of station purchase and sale agreements to regulatory matters. His regulatory expertise includes all areas of broadcast law including the FCC’s multiple ownership limitations, the political broadcasting rules, EEO policy, advertising issues, and other programming matters and FCC technical rules.
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