[BC] Re: LPFM's (Translators)

[Cowboy]

On Friday 08 September 2006 07:36 am, Tom Taggart wrote:
> Willie...
> 
> Paul's wrong on this.  The Commission WILL grant translator apps inside the 
protected contour of existing stations, and it appears the station has little 
recourse except a state court civil suit. This is a peversion of the rule at 
Sec. 74.1204 (D) that allows interference where the intereference area is 
"unoccoupied."  The completely bogus argument is that the (usually) 2nd 
adjacent translator's 100 dbu contour only interferes to the protected 
contour around the base of the tower.

 The original intent was that the area of interference is entirely over water.
 Hostile terrain has been successfully argued by me.
 ( such as the side of a cliff )

 More recent rulings conclude that a business, such as a garage that is
 only open a few hours a day, or isn't even a commercial garage, is
 "occupied" and interference there is not allowed.
 Even a grain storage barn qualifies as "occupied" for purposes of this rule.
 Vacant houses scheduled to be demolished are "occupied" for this rule.

> Supposedly under Sec. 74.1203 a translator can't continue to operate if it 
causes "actual interference" to previously authorized stations.  Doubt that 
the bozos in the media bureau would pay any attention to such complaints 
unless backed up by some high-power Washington shyster.

 Today, perhaps. Ten years ago, you'd definitely be quite wrong.

-- 
Cowboy