FM Translator for HD-2 Signal Shut Down By FCC After Interference Complaints - Can't Remedy Complaint By Giving Phones With Internet App to Complaining Listeners

Davis Wright Tremaine LLP
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The FCC this week ordered an FM translator in Detroit to shut down as it caused interference to the reception of a full-power FM station from Toledo. The translator had been rebroadcasting the HD2 signal of another area station, in effect introducing a new analog station in the Detroit area, to bring back a smooth jazz format that had left the city a few years ago. But the translator caused interference to the reception of the Toledo station in areas where the Toledo station was regularly used and, in the eyes of the FCC, the translator's operator was able to provide no relief to the complaining listeners. Thus, it was ordered off the air. Translators are required to shut down if they create interference to the regularly used signal of a full-power station, even outside of that station's protected contour. This happens somewhat regularly, so that part of the FCC decision is not particularly unique. What is unique was that the FCC rejected attempts to resolve the interference by giving the complaining listeners mobile phones capable of picking up the Toledo station's programming through a mobile "app" on the phone. The case also chastised the translator licensee for posting the names of the complaining listeners on its website.....

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