Fifth Report and Order

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This Report and Order is the second of three that implements the provisions of the Local Community Radio Act of 2010 (LCRA). This Order implements a portion of Section 2 and all of Section 4 of the LCRA as well as lays the groundwork for full implementation of Section 3 and deals mainly with the lifting of the third-adjacent channel protection requirement and protection to Radio Reading Services. This Report and Order was released together with the Fourth Further Notice of Proposed Rulemaking and Fourth Order on Reconsideration and was issued on the same day as the Fourth Report and Order and Third Order on Reconsideration. Like with the actions taken in the Second Report and Order which implemented the Radio Broadcast Preservation Act of 2001 (RBPA), the changes made in the Fifth Report and Order are directly related to legislation (LCRA) and there was no public notice or comment period as it would provide no purpose and therefore falls under the "good cause" exception to the Administrative Procedure Act.

Fifth Report and Order
Document Information
TypeReport and Order
Docket Number(s)MM 99-25
FCC Number12-28
FCC Record27 FCC Rcd 3315
Federal Register Citation(s)77 FR 20555
Federal Register Date(s)April 5, 2012
Relevant Dates
Adoption DateMarch 19, 2012
Release DateMarch 19, 2012

Actions taken in this Report and Order

In the Fifth Report and Order, the FCC simply amended the rules to remove the requirement that LPFM stations protect domestic full-service FM stations and FM Translator stations on third-adjacent channel stations pursuant to LCRA Section 2, which amends Section 632 of the Departments of Commerce, Justice and State, the Judiciary, and Related Agencies Appropriation Act of 2001 (also known as the RBPA).

Third-adjacent channel protection requirements remained for the protection of Radio Reading Services, pursuant to LCRA Section 4 as well as protections to FM facilities in Canada and Mexico, pursuant to the appropriate international agreements between the United States and those nations.

Rule sections amended by this decision

§73.807 - Minimum distance separation between stations.

Related links

LPFM Fifth Report and Order, Fourth FNPRM and Fourth Order on Recon at FCC.