Based on publication in the Federal
Register, the FCC will be accepting Comment on Proposed LPFM until May
7 with Reply Comments due May 21.
Creation of a Low Power Radio Service Report and Order:
On March 21 the Commission adopted a Report and Order to implement a
market-specific FM translator processing scheme, adopt application
caps to prevent trafficking, and modify policies to expand
opportunities to rebroadcast AM stations on FM translators.
Creation of a Low Power Radio Service Notice of Proposed
Rulemaking and Report and Order: The Commission also issued
a Notice of Proposed Rulemaking regarding proposals to implement the
Local Community Radio Act and to strengthen the LPFM service,
including second adjacent channel waiver procedures, interference
remediation requirements, and modification of eligibility, ownership,
and selection standards.
Here is CCB's analysis:
A. Report and Orders are rule making, that is final
decisions. They are based on staff recommendations which the
Commission could accept, reject, or modify.
1. A "market-specific FM
processing scheme" is the "Grid Plan" the FCC proposed
months ago which invoked strong response from both sides. The
decision pleased LPFM operators.
2. "Application caps" has
been opposed for years by translator filers. They believe every
legitimately file application should be processed. In 2003 it
was legal to apply for thousands of translators.
3. Allowing AM stations to be
rebroadcast on FM translators does not directly affect LPFM.
However, expanding the use for translators makes them worth more and
reduces frequencies for LPFM. It is legal for a translator to
rebroadcast an LPFM if separately owned. However, the greater
the demand for translators the greater the cost to acquire or
use. A commercial AM station has more resources than a 100-watt
non-commercial Low Power.
B. A "Propose Rulemakings"
allows for comments from affected parties "at interest"
before the FCC issues final rules
1. Apparently the FCC and some
advocates consider the "second adjacent waiver procedures"
section of the Local Community Radio Act of 2010 as more difficult and
complex than 3rd adjacent issues. CCB believes the wording of
the Second Adjacent section of LCRA is based on the FCC 2nd Adj.
Waiver policy which has been effect for several years and used by more
than 30 LPFM stations to improve their coverage. Apparently the
FCC believes otherwise
2. The purposes of both the 2nd and 3rd Adj sections of LCRA are
identical:
(a) LPFM groups must present "reasonably proof" their
proposed frequency will not interfere with existing stations (FP, LP,
translator) and CPs.
(b) there is a system for notifying the FCC immediately if there is
interference
(c) LPFM must cease operation immediately if they interfere with other
stations.
3. Eligibility, ownership, and
selection process (Point System) will probably be changed and many 100
watts station will be able to update to 250 watts.
