July 2nd, 2023 by WCBC Radio
The Media Bureau of the FCC has issued a notice of apparent liability to the licensee of a Maryland FM translator in a contentious case involving a Low Power FM in the same market.
WIN Radio Broadcasting Corp. is the licensee of WCTN(AM) in Potomac-Cabin John, Md., just outside of Washington, D.C. According to the FCC, this case arose when WIN was given permission to acquire an FM translator in Pennsylvania and move it to Potomac, which was allowable as part of the commission’s AM revitalization program. WIN took the Pennsylvania translator off the air but resumed broadcasting in Maryland, Historic Takoma Inc., the licensee of a co-channel LPFM, claimed that the translator was causing it interference. It later added a complaint that the WIN translator was using an unauthorized antenna.
Legal wrangling has ensued including subsequent license renewal applications, petitioning, procedural arguments, modification applications and discussion of technical issues. A key development though is WIN acknowledged that in place of its approved two-bay Shively model it had installed a similar but lighter Jampro antenna so that it could mount it safely without adding tower bracing. It argued that its resulting directional pattern was the same and that it didn’t need authority for the switch.
The violation is being addressed with a notice of apparent liability and carries a $7,500 penalty. WIN has 30 days to respond to that.
FCC also said that the use of the wrong antenna on an authorized channel and at the correct location is not equivalent to silence. In a past case, it said, the commission expressed its belief that Congress, in adopting rules to address spectrum warehousing by silent stations, did not intend to establish automatic expiration for all rule violations lasting 12 consecutive months. Thus the translator continues to have a license that can be modified. The FCC believes the alleged interference to the LPFM is no longer an issue, due to subsequent steps taken by WIN. Further, the commission has approved a move for the translator to a new frequency and call sign. The FCC says WIN did not base that request on a need to resolve interference to the LPFM but rather to mitigate interference it expected to receive from a full-service station in Virginia. WIN has until October 2025 to make the switch.
