FCC Approves Rule Changes to Make Way For New LPFM Stations

It’s a “wonderful example of how Congress and the FCC can work together, of how Democrats and Republicans can work together and of how we can take broad, national visions and make them work for people all over the country wherever they live,” said Chairman Julius Genachowski. He said the FCC will work to “harness technology to make it as easy and as cost-efficient as possible to encourage applications and encourage a fast launch of these services."

Reps. Lee Terry, R-Neb., and Mike Doyle, D-Pa., sponsors of the LCRA, said they're pleased with the FCC’s action on the rules. Doyle said he supports the rules that are expected to create thousands of new LPFM radio licensing opportunities. Noncommercial, LPFM radio “is particularly unique because it allows basically any organization to apply to get a license on the air,” he said. When Congress passed the LCRA, he said he was curious how the FCC would handle these rules. The Media Bureau staff’s interpretation of the section on second adjacent waivers was “exactly right,” he said: And “their focus on localism was in line with our own."

Pittsburgh and Omaha are made up of a variety of communities, Terry said. Some of those communities didn’t have a voice that met the needs of those communities and now they have that opportunity, he said. The law is about the community and localism, he added: “It isn’t about competing on who can have the best classic rock station."

The reconsideration order advances the processing of about 6,000 translator applications that have been pending since 2003, said Media Bureau Chief Bill Lake. He said he expects the changes to create significant opportunities for LPFM stations in major urban areas for the first time, and they are “the last steps before opening a window for LPFM applications,” he said.

The national cap was modified to allow parties to pursue grants of up to 70 translator applications per applicant subject to a limit of no more than 50 in the appendix A markets, the Media Bureau said. The order also changes the per market cap from one application to three applications, provided that certain conditions are met, it said.

The sixth report and order creates a second-adjacent waiver standard that is consistent with the LCRA, the bureau said. It also establishes an interference-remediation scheme “to ensure that operations of stations with these waivers will not cause interference to other stations,” it said. The point system used to choose from mutually exclusive LPFM applications will include new criteria “to promote the establishment and staffing of a main studio, radio service proposals by tribal nations to serve tribal lands and new entry into radio broadcasting,” the bureau said in a press release. The bureau also will impose a condition that prevents the rural FM translator stations from being moved out of their rural locations within their first four years of operation, bureau staff added.

The commissioners said they supported the nationwide cap and the second adjacent waiver process. “Allowing the acquisition of more FM translators will enable applicants to serve their entire communities,” said Commissioner Robert McDowell. McDowell also said he was pleased that the licensing rules take into account “the community-oriented purpose of the LPFM service, including recognizing the importance of providing radio services to Tribal and Alaska Native lands.” Translators and LPFMs connect users in rural and underserved areas with programming that would not be available otherwise, “and the compromise in today’s order will allow the vast majority of translator applicants to continue serving these communities,” said Commissioner Mignon Clyburn.

A requirement for a low-power station seeking a second-adjacent waiver to serve its request on potentially affected FM stations is missing, said Commissioner Ajit Pai. This requirement “would impose a minimal burden and would make it easier for those FM broadcasters to weigh in early with any concerns,” he said.

The commission’s decision is balanced and “protects full power stations while providing opportunities for new low power applicants,” said Commissioner Jessica Rosenworcel. It resolves challenges to the procedures in processing the remaining Auction 83 translator applications “in a manner that is fair to both translator applicants and potential LPFM licensees,” she said.

Prometheus Radio Project approved of the standard for second-adjacent waivers, said Brandy Doyle, policy director at Prometheus. “It’s identical to the translator standard and we think that’s what the Congress intended.” The point system “will ensure that the groups that get these licenses are those with the real capacity to serve their communities” and intend to bring local voices on the air, she said. NAB supports “faithful implementation of LCRA” and it will work with the commission and the LPFM community, NAB said in a statement.