MeTV FM and 13 other FrankenFM stations now have an official and permanent home on the far left end of the FM dial. Like I expected, on July 20 the FCC approved a report and order allowing these now-digital low-power TV channel 6 stations to keep their experimental analog radio transmitters on the air.
It’s a very narrow ruling, premitting only these 14 stations that had received Special Temporary Authority (STA) to broadcast an analog radio signal alongside a digital TV signal. No new stations can apply, and the FCC is not otherwise opening up new FM station opportunitieis on 87.75 MHz FM. However, if these stations are sold, they may transfer their FM rights as part of the sale. This had been prohibited under the terms of the STA.
As I argued last year, the fact that the Commission would even consider letting these loophole stations keep their loophole permanently is evidence that, despite its flaws and contradictions, the FCC tends to see its role as keeping stations on air and maintaining public service. Critically, FrankenFMs always operated within the letter of the law. They only, “took advantage of the physics of their location on the broadcast television band, because the uppermost portion of the channel where these television stations made their home was also capable of reception on the lowermost portion of the FM radio dial,” as Chairwoman Rosenworcel puts it.
Some might say my argument is contractied by how the FCC treats unlicensed, pirate broadcasters, which in many cases may be providing equivalent public service. Like it or not, unlicensed statoins operate in contravention to the rules, and it’s a critical difference for the FCC, and its legal mandates. This doesn’t mean there couldn’t be more productive approaches to pirate radio – indeed LPFM was one – but it does explain why FrankenFMs received different treament.
Adherence to rules is also why the FCC fines licensed stations that break them, even if those fines might jeopardize the station’s viability. However, in reality, it’s extremely rare that the FCC fines a station off the air for routine violations – even indecency – and the Commission will reduce fines if a license holder demonstrates hardship. Again, in the spirit of keeping stations on air and maintaining public service. If a station leaves the air in the face of a fine, more often it’s because the license holder chooses to sell or transfer the license in order to avoid current and future liability. The license and signal is preserved, even if the specific programming changes.
In any event, it’s been a long, 14-year saga for FrankenFMs.
