Decision narrows Mattoon Waiver policy, tortures language in the process.
“When I use a word, … it means just what I choose it to mean – neither more nor less.”
While that quote is, of course, from the noted wordsmith Humpty Dumpty, you’d be forgiven if you guessed that it came from the FCC’s Audio Division. The Division based a recent decision on the odd notion that the filing of a single application may constitute a “history of serial modification applicationS”. (We have capitalized and boldfaced the “S” in “applications” to highlight the conceptual difficulty of a single application being deemed “serial applications”.)
And with that linguistic tour de force, the Division made it considerably more difficult to get a Mattoon Waiver. This is not especially good news for AM licensees.
Readers will recall that, in 2011, the Media Bureau invented the Mattoon Waiver, a policy designed to afford FM translator licensees flexibility in transmitter site moves. Its ultimate goal was to create additional opportunities for AM stations to acquire or utilize FM translators for fill-in purposes.
Because not every translator was located where it might be used by an AM station, lots of translators had to move closer to AM stations. But FCC restrictions on translator site changes often precluded making the necessary relocation in one fell swoop. Creative folks determined that they could achieve through a series of shorter moves, or “hops”, that which they couldn’t achieve with a single application proposing a much more distant move. The “hopping” approach was not prohibited by the rules – indeed, the Audio Division staff granted a lot of “hop” applications – but that doesn’t mean that the staff liked it. In an effort to squelch the “hopping” trend, the staff eventually declared “hopping” to be an abuse of process.
But if AM licensees were to be able to avail themselves of the use of translators, there had to be some way to get the translators moved closer to the AMs.
Enter the Mattoon Waiver.Continue Reading...