FCC Rejects Another Challenge to Camden NJ FM Translator

RADIO ONLINE | Tuesday, February 4, 2020

The FCC has denied Prometheus Radio Project's Petition for Reconsideration of the Media Bureau's June 8, 2018, Letter Decision dismissing, and alternatively denying, an informal objection filed against Mega/Philadelphia LLC's (MPL) application for a new cross-service FM translator for W239DS at Camden, NJ. In the informal objection, the Petitioner argued that the Camden application did not ensure filing opportunities for low power FM (LPFM) stations. The Bureau said it dismissed the informal objection for failing to allege properly supported facts.

Alternatively, the Bureau denied the objection on various substantive grounds. In substantial part, the Petitioner contended that the extensive safeguards implemented in FM Translator Auction 83 to preserve secondary service spectrum for LPFM stations must be used in all subsequent secondary service windows. It further argued that because the Commission has used such mechanisms in other contexts, specifically the so-called Mattoon Waiver, it must use it in all contexts involving licensing FM translator stations.

The Commission said it would only consider a petition for reconsideration when the petitioner shows either a material error in the Commission's original order or raises new facts or changed circumstances not known or existing at the time of the petitioner's last opportunity to present such matters. The agency found that Petitioner had not met this burden.

The Petitioner claimed the Camden application proposes a new translator that could impede a potential move of existing LPFM station WPPM-LP to the northwest, and thus that the Camden application is not compliant with the LCRA.

The objection to Mega's application was one of 994 objections filed by Prometheus, Common Frequency Inc. and the Center For International Media Action against translator applications. The original objections were dismissed and denied by a letter decision in 2018.