[BC] RE: Cell Companies (FCC Staff making their own rules)

[Tom Taggart]

Ah, the AM broadcaster has to worry about cell companies building a tower  
near their radiators, but the rest of us now have to worry about having an  
AM neighbor.

Had a CP for a translator--not a great site, but needed to get something  
in for the window.  The station to be carried is a non-com college  
station; county commissioner heard I was looking for a better site &  
offered a county tower for a token rental payment. (The long story is the  
county is none too happy about our dominant industry--a state university,  
and by extension their NPR station, my primary station is a classical/jazz  
programed station operated by a private college in the next county over.  
End local political tale).

This 175 foot self-supporting tower was a state tower originally--used for  
the state highway patrol.  When the patrol moved their local post, they  
donated the old tower to the county.  It's been at this site for at least  
35 years, since it is painted red and white because of the university  
airport on the other side of town.  More likely 40 to 45 years  That  
airport has been abandoned for at least 35 years--there is a Kroger,  
Walmart and Lowes on that site now. The tower is about 2,000 feet (and 300  
feet higher) than a local daytime non-d AM.  The AM has probably been  
there as long as the tower.

So I modify my CP to put my single bay CP antenna up some 50 feet on this  
tower.  CP comes with (what I thought) was boilerplate about measuring the  
AM tower when the "tower" was built. No problem--I'm not building a  
tower.  Go to get my license to cover and I find out the staff wants an AM  
proof.  My SWR CP antenna might detune the 970 AM radiator. Yea, right.  I  
know the AM station owner, who thought this was nonsense as well. So I  
asked for a waiver, including a letter from the AM station saying they  
haven't notice any change in their AM, and the license to cover was  
granted.

The point is, of course, that the rule was written to cover towers.  Not  
any construction in general. As noted in posts above, the construction of  
a steel framed or metal skinned building --completely unregulated by the  
FCC, could have more effrect on the AM radiator.  This particular AM has a  
railroad running by the edge of its site.  Does one do a proof with or  
without a train passing by?

Under this interpretation of the rule, ANY new or modified FM antenna  
installation can be nixed by the FCC if it is within the minimum distance  
of an AM stick.  STL/RPU as well, if this interpretation of the rule  
expands to the wireless branch.  Hence the rest of us need to watch any  
site changes by the AM's, being prepared to protest and oppose if they  
move within that magic 1 km distance.

This is clearly not the intent or even the wording of the rule.  But it is  
not the first time the Commission, (or even their staff) has rewritten the  
rules without a formal rulemaking.  Makes more money for the Washington  
lawyers.