(Disclosure: The author is employed by Bay City Television, San Diego-based programming, advertising, and marketing arm of XETV Tijuana)
The FCC issued on October 31 a construction permit for KSDS (FM), 88.3 MHz, to increase power from their current 3 kW vertical to 22 kW ERP vertical, upgrading the facility from class A to class B1. The station, operated from the campus of City College downtown, but transmitting from a tower at Mesa College in Linda Vista, has been operating since 2002 with 3 kW ERP vertical polarization after a compromise worked out with Fox Television affiliate XETV, channel 6 in Tijuana.
The latest CP approval comes as a surprise to XETV, which has fought the increase in power since 1995 on grounds that it creates a substantial interference zone since the stations are only separated by a minimum of 200 kHz between allotments, or 550 kHz between carrier centers. The stations represent a unique situation in the U.S., where a border non-commercial FM had protected a channel 6 TV signal broadcasting in English-language from Mexico. The new construction permit appears to change the crossborder relationship by declaring previous protections null and void.
The new FCC ruling says that previous international broadcast treaties do not specifically deal with the TV-FM interference issue, so the XETV signal has no rights to protection from U.S. non-commerical FM stations after all. At the same time, the order gave recognition to XETV public service efforts and ordered that KSDS broadcast its increased power in vertical polarization only. KSDS must provide a shallow null to the southeast, and they must remediate any known interference and report unsolved cases to local FCC inspectors.
KSDS intends to have its facilities ready for increased power by spring 2007.