Joseph Berring writes:

The matter that is causing angst in U.S.-Mexico relations (at least as far as the broadcast world in concerned) is the continuing operation of XEKTT, XESS & XESDD in Mexican territory on 560, 780 and 920 kHz. 
 
There have been objections in the United States to the operation or potential operation of these stations.  In the case of XEKTT alone, one complaint indicates that as many as 29 million U.S. listeners have been affected by the operation of this station.  Add the potential operations of XESS and XESDD and that number could move higher.
 
Mexico asserts that the operation of these stations is proper under a somewhat ill-constructed provision of the existing bilateral agreements that allows the circumvention of the notification process between the two countries if no harmful interference is produced within the territory of the other country.  Obviously U.S. interests feel that they are receiving such interference.
 
Mexico has offered to move these stations off these frequencies if suitable alternative spectrum can be found.  To date, little progress has been made in this regard.
 
What has occurred is a standoff from both a regulatory and diplomatic standpoint. Politically, complaints have reached the White House and Los Pinos (the Mexican White House).
 
During the meeting in Crawford, TX in March the matter was supposed to be addressed between Presidents Bush and Fox.  The situation was not discussed as had been reported previously.  The staffs of both presidents decided that it was too complex an issue to be adequately covered in the short time allowed, taking into consideration other pressing issues that also needed to be discussed.
 
The matter was assigned top-level cabinet priority however.  Where in the past, these matters were handled in a more-or-less routine fashion between the FCC and the Mexican Secretaría de Comunicaciones y Transportes (SCT), it has been elevated to a diplomatic concern with the U.S. State Department and the Mexican Ministry of Foreign Affairs discussing the issue with direct intervention of ambassadors on both sides and official correspondence between Colin Powell and his Mexican counterpart, Ernesto Derbez.
 
In fact a meeting was scheduled for Monday, May 4^th between Powell and Derbez, but was cancelled at the last minute due to the diplomatic meltdown between Mexico and Cuba over the weekend.  It is supposed to be rescheduled shortly.
 
From a regulatory standpoint things have ground to almost a complete halt. Mexico has objected to the operation of over 450 AM, FM and television stations operating in the United States stating that they were never properly notified to or coordinated with Mexico.  There have been a series of formal protests in February and March that have been received by the FCC from their Mexican counterparts.
 
Mexico maintains that these construction permits and licenses granted in the United States, are not proper allotments under the terms of the relevant bilateral agreements.  As such, Mexico has required that the operation of these stations should cease immediately and the operation of these stations should be submitted to Mexico for review and consideration as required by the agreements.
 
The actual number of affected U.S. stations varies depending on how one counts the objections (some are duplicates, night vs. day operations, etc.). But we put the number around 455.  On the AM side, there are stations that could potentially be affected in 20 states.

In one list alone, the number of AM objections in these states were as follows:
 
Alabama  26
Arkansas  6
North Carolina  47
South Carolina  23
Colorado  18
Florida  59
Georgia  40
Kansas  7
Kentucky  27
Louisiana  6
Mississippi  13
Missouri  17
Nevada  10
New Mexico  14
Oklahoma  8
Tennessee  38
Texas  49
Utah  12

To the above, add the operation of at least 13 additional AM stations and 22 LPTV stations located in California, Arizona, New Mexico and Texas, and the magnitude of the issue becomes apparent.
 
What Mexico has begun to do is analyze each and every one of the stations objected to and calculate and measure whether harmful interference is actually occurring in Mexican territory.
 
To date (May 6, 2004) they have reviewed less than 40 cases and have concluded that of these, three (3) AM, one (1) FM and sixteen (16) LPTV stations are causing unacceptable levels of interference.  They are determined to review all of the other U.S. stations in short order and will require, under the terms of the existing agreements, that any U.S. station generating unacceptable levels of interference cease operations indefinitely and that the remaining stations be properly coordinated with Mexico or also cease operations.
 
Mexico has signaled that it wants its objections resolved before it proceeds with looking at any new proposals.
 
It is difficult to believe that all of the 455 U.S. stations are at risk.  Some will surely clear the harmful interference test.  Others are likely to have been properly notified and accepted (we are aware of several cases).  But some will likely find themselves in an extremely uncertain position.
 
What is obvious is that what was once a fairly routine spectrum coordination process between the United States and Mexico on a technical level with a view to protect and benefit the licensees in both countries has morphed into a political and diplomatic struggle with each side upping the stakes with every passing day.
 
Stay tuned, it should prove interesting.

Joseph Berring