LA Times article about KPFK Radio Friday, August 25, 2000

A Case of Receiving Mixed Signals By SUSAN CARPENTER, Times Staff Writer

Some listeners tuned to 90.7 FM over the weekend got to hear a new kind of classic rock--the eclectic pop programming of "The Cosmic Barrio" on North Hollywood's KPFK meshed with the classical music of Tijuana's XLNC1. The musical fusion was neither intentional nor easy on the ears. It has, however, been a fairly constant annoyance for thousands of KPFK listeners, as well as some of the classical fans of XLNC1, since February 2000, when the tiny 1,000-watt station began broadcasting on KPFK's frequency.

The two stations' transmitters are separated by roughly 150 miles and the U.S. border, and XLNC1's use of the 90.7 spot on the FM dial was approved through the U.S.-Mexico FM Agreement. That XLNC1 is operating with the approval of the Federal Communications Commission, however, is of little solace to KPFK executives. "I can't believe the FCC even allowed them to go on [the air]," said KPFK General Manager Mark Schubb. "It was clearly going to obliterate our signal."

And it has, mostly in the San Diego area, though KPFK listeners as far north as Santa Barbara have complained that they now hear classical music in place of the progressive politics they used to tune into, or a fuzzy mixture of the two stations. Since XLNC1 took to the airwaves, KPFK's listenership has dropped 20%. Before then, KPFK's listenership had been on the rise--from 157,000 in spring 1999 to an all-time high of 177,000 in fall '99, according to Arbitron's Radio Research Consortium. But this spring, KPFK's numbers plummeted to 139,000.

Schubb blames the decrease on interference caused by the Tijuana-based station. He filed a complaint with the FCC in March alleging that XLNC1 is transmitting illegally across the border and at 30 times its permitted wattage--claims XLNC1 denies and the FCC is currently investigating. At the center of the debate is whether XLNC1 is truly interfering with KPFK's signal, or whether KPFK is claiming territory it is not entitled to through its license. While the FCC does not discuss cases under investigation, it may be that KPFK, like numerous other stations around the country, has fallen victim to the FCC's chopping of the FM dial into smaller and smaller pieces.

"Any time we authorize a new station or a change in a station, some [listeners] who used to receive it may not get it anymore," said FCC engineer Art Doak. "[KPFK has] been 40 years alone on that frequency believing they have the right to cover even Tijuana because there was no one else there," said XLNC1 owner Victor Diaz. "I understand very well that they would like to keep it." Diaz said XLNC1, which did not choose to broadcast on 90.7 but was assigned the frequency, regularly receives angry phone calls and e-mails from KPFK listeners and fears for his license now that the case is under investigation. "I hope we will survive," said Diaz, who began petitioning the Mexican government to license XLNC1 in the early '90s.

FCC Guarantees Signals for a Specific Territory Like the public, listener-sponsored KPFK, which is part of the Pacifica network of stations, XLNC1 is something of an anomaly within a radio landscape controlled by a few major media companies. Unlike the 70% of San Diego's commercial radio stations that are owned by Clear Channel Communications, XLNC1 is independently operated and Latino-run. Its noncommercial classical format is also a dying breed and the only one of its kind in the San Diego area.

The frequency overlap means that two nonprofit stations--one broadcasting controversial viewpoints that have difficulty finding a voice in traditional media, and the other an increasingly obscure musical format--must compete with each other. That they do is unusual. Power disputes between stations "happen very rarely," according to James Ballis, chief of the FCC's notifications branch. Before awarding a new license, the FCC conducts an engineering study to determine whether the new station is far enough away that it will not interfere with other stations on the same frequency or on either side of it on the dial.

"We found that [XLNC1 was] acceptable under the terms of the agreement between the two countries," Ballis said. The FCC guarantees its licensees' signals for a specific territory. KPFK's Class B license protects the station's signal for a 75-mile radius--roughly to San Clemente, or half the distance it was accustomed to before XLNC1 went on the air. XLNC1 holds the equivalent of an American Class A license and is protected for a 17-mile radius from its signal's point of origin--from Tijuana to south San Diego. If either station cuts into the other's protected territory, as KPFK claims XLNC1 is doing, "that means the commission made a mistake," Ballis theorized. "It should never have authorized that station." However, Ballis said there is no evidence yet to indicate that's the case here. Possible Explanations for Interference Broadcasting at 110,000 watts from the top of Mt. Wilson, 150 miles north of Tijuana, KPFK should not be experiencing interference from XLNC1. But FM radio transmissions are fickle. They are largely affected by the weather and less dependent on wattage than on antenna height and placement. More wattage may create a stronger signal, but a much weaker signal broadcasting from an unobstructed antenna like XLNC1's has the potential to travel even further. Schubb, however, feels there is another explanation for the exacerbating interference between the two stations. "[XLNC1 has] slowly increased [its] power over time," suggested Schubb, who believes the interference has grown worse over the summer. "It's pretty well known that the Mexican government's not very studious in enforcement. My sense is [XLNC1] came on at a certain power and got away with it, then it started to creep up." Schubb said he hired an airwaves engineer in March who measured XLNC1's wattage at 19,000 watts, not the 1,000 it is licensed for. "That's the first I've heard [of it]. Maybe Mexican watts are different," said Diaz, laughing, who maintains he is operating in compliance with Mexico's Ministry of Communications and Transportation.

The FCC ultimately will make that decision and, in domestic disputes between stations, usually does so in 30 to 60 days, according to Ballis. KPFK's case has been pending for six months. The situation is complicated by the fact that the two stations are regulated by two different agencies in two different countries. It may also be taking longer to resolve because the Mexican government recently changed hands. In the meantime, Schubb is losing listeners.

"I want [the FCC] to act, and I want them to act six months ago. Five months ago would be OK, but this is an outrage," he said. "[KPFK] is an organization that's stood up for its right to broadcast and to broadcast controversial material. To be shut down by this, it's mind-numbing."